4473 Background Checks

Many people are surprised to find out that they failed their background check when trying to purchase a firearm. There are a number of reasons this can happen ranging from criminal records to clerical errors. Here in this article we’ll explore the various reasons one may fail their 4473 background check.

What is a 4473?

If you have ever purchased a gun from a licensed dealer, then you’re familiar with ATF Form 4473, also known as the Firearms Transaction Record. This is the background check form you fill out so the dealer can determine your eligibility to purchase a firearm.

In 1993 The Gun Control Act of 1968 was amended by the Brady Handgun Violence Prevention Act which required licensed dealers to perform background checks on those purchasing guns. The Act was introduced by no other than Rep Chuck Schumer, the current Democratic Senate Majority Leader.

When the Brady Act was passed, there was a mandated 5 day waiting period when you purchase a firearm. In 1998 though with the advent of the FBIs National Instant Criminal Background Check System, also known as NICS, the waiting period was no longer required since a system for instant background checks was now in place. We still use this system today.

What is a 4473?

What questions will I be asked on my background check?

Identifying information

This includes things such as name, date of birth, address, place of birth, social security number, height, weight, and race.

Are you the actual transferee/buyer of the firearm(s)?

Federal law prohibits you from completing a 4473 on behalf of someone else or purchase one with the intent to resell it. There are however some exemptions allowing a firearm to be purchased as a gift for someone else. You can read more about that on this link.

Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?

In short, if you have a case for a felony against you, then you can’t purchase firearms. You’ve essentially lost your gun rights before your conviction.

Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

Most people know that a felon can’t purchase a gun. The second part of this question confuses some though. “any other crime for which the judge could have imprisoned you for more than a year” technically includes misdemeanor convictions. This is typically not a concern in Arizona though as the most serious types of misdemeanors have a 6 month sentencing guideline. If you have a misdemeanor conviction in another state though, it’s possible that it may fall under this.

Are you a fugitive from justice?

In terms that more people would understand, do you have an arrest warrant?

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

This question causes a lot of confusion since many states have legalized marijuana. The Federal Government still considers marijuana illegal, so if you use it then you’re not eligible to purchase a firearm. We’re often asked how this question applies to individuals that are prescribed opioid pain killers from a doctor since they’re a controlled substance under the Controlled Substance Act. Under 21 US Code § 802, “the term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction“. This mean that in most cases, responsible medication use under doctor supervision will not affect your ability to purchase a firearm. With that being said, there are both legal and ethical issues possessing a firearm while you’re intoxicated by alcohol or medications. Please exercise common sense and practice good gun safety.

Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?

We see it more and more these days, an individual having a mental health crisis. This can affect gun rights. If you’re involuntarily committed into mental health care then federal law revokes your gun rights. The same thing applies to if you were convicted of a crime under an insanity plea. This does not apply to individuals who seek “normal” mental health care.

Have you ever been discharged from the Armed Forces under dishonorable conditions?

A dishonorable discharge from the US Military is similar to having a felony in many ways. In terms of firearms, you lose your gun rights.

Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?

These are called an Order of Protection here in Arizona, but most people know them as simply restraining orders. If you have a restraining order stemming from a family or domestic relationship then you lose your gun rights for the duration of that order. In Arizona, restraining orders expire after 1 years, however they can be renewed. Arizona also has something called an Injunction Against Harassment which many consider a restraining order but it doesn’t revoke your gun rights as it’s not something used for family or domestic relationships.

Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?

Domestic violence convictions are very common. Many people don’t find out that they lost their gun rights from a domestic violence conviction until they try to purchase a firearm and are denied on their 4473. Fortunately though, most domestic violence convictions in Arizona are eligible for gun rights restoration. Learn more about restoring your gun rights after a domestic violence conviction on this link.

Have you ever renounced your United States citizenship?

If you relinquish your nationality then you loose many of your rights, including those granted under the Second Amendment.

Are you an alien illegally or unlawfully in the United States?

If you are illegally in the United States then you are not eligible to purchase firearms.

What happens if I lie or make a mistake on my 4473?

Above your signature, the 4473 reads “I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.”

This means that you are subject to harsh a harsh prison sentence and steep fines if you do not accurately complete your 4473. This can include both simple mistakes and lies. Do not lie, and do not guess on a question if you’re unsure of the answer.

If you’re not sure how you should complete your 4473s because of your unique situation, we recommend that you reach out to a local attorney in your area.

What should I do if I fail my background check?

That really depends on why you’ve failed. If you have previously lost your gun rights then you may need to go through the rights restoration process in your state. If you have never lost your gun rights, then you may need to go through the FBI appeals process.

Is there a way to avoid the hassle of a 4473?

It is an unfortunate fact that the NICS system is flawed creating an undue burden on those that have not lost their gun rights. Even for those who don’t get delayed or denied, simply having to get permission from the government is something that is often viewed as an infringement on gun rights. So naturally, many people look for a way to avoid the hassle of 4473s.

In some states, you can avoid the background check process by obtaining a concealed weapons permit.