Concerned that lawful gun purchasers could unintentionally misrepresent themselves, thereby committing a felony, due to the wording on the firearms transaction record form, the chairman of the U.S. House Committee on Federal Law Enforcement is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to make changes to the 4473.
Rep. Clay Higgins, R-Louisiana, recently wrote a letter to Daniel Driscoll, ATF acting director, asking the agency to clarify a question to ensure individuals who can certify in other legal situations that they are not a convicted felon but have not had their firearm ownership rights formally restored from inadvertently committing perjury.
“The Gun Control Act of 1968 prohibits individuals who have been convicted of certain crimes from legally purchasing a firearm,” Rep. Higgins wrote in the letter. “For this reason, when individuals purchase a firearm, they are required to complete ATF Form 4473, which includes a question about their criminal background. The Gun Control Act of 1968 also includes restorative procedures for individuals whose ‘record and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety’ and wish to again exercise their Second Amendment rights.”
In the letter, Rep. Higgins also wrote: There are numerous examples—such as employment and housing applications—where, over time (often seven to 10 years), people can truthfully answer “no” to questions asking if they have a criminal record. However, these same individuals may unknowingly be committing felonious misrepresentations when answering question 21(d) on ATF Form 4473, punishable by up to 15 years in prison, if they have not had their rights restored by the Attorney General.”
To protect American citizens at risk of making this felonious mistake, Rep. Higgins last year introduced The Second Amendment Rights Restoration and Accountability Act.
“This legislation proposed directing the ATF to update Form 4473 to more clearly inform readers of: (1) the existence of the exceptions for the receipt of a pardon, the expungement or set aside of a conviction, and the restoration of rights; and (2) the correct information to provide in answering that question when any of those exceptions apply. If legislation is necessary to implement these updates, I stand ready to reintroduce my bill; however, I am hopeful you can expedite these improvements administratively.”
Also at issue is Form 4473’s use of the term “non-binary” in the section where an applicant has to answer what sex he or she is. Rep. Higgins believes this runs afoul of President Trump’s executive order (14168) that directed clear and accurate language and policies be used to define biological sex.
“As such, I urge you to promptly update ATF Form 4473 to both comply with Executive Order 14168 and protect individuals against making unintended false statements,” he wrote.
In the end, Rep. Higgins asked that the ATF inform the subcommittee whether the ATF has all necessary authority to change Form 4473 to clarify the rights of citizens whose firearm ownership rights have been restored and to describe the process the ATF would follow, including required consultations with other Executive branch entities, to effectuate such changes.
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