• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

ATF is changing ATF Form 4473 questions in relation to active service members

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,718
Location
here nc
Per ATF's 2019 newsletter, quote.

The current ATF Form 4473 is currently under revision. The newly revised form is expected to be ready for use by spring of 2020.

1. Question: “Are you under indictment or information in any court for a felony, or other crime for which the judge could imprison you for more than one year?”

Per ATF, A member of the Armed Forces must answer “yes” to being under indictment or information on the Form 4473 if the member has been charged with an offense that was referred to a General Court-Martial. ATF has interpreted this to include, for those current or former members of the military, violations of the Uniform Code of Military Justice whose charges have been referred to General Court-Martial.

2. Question: “Have you ever been convicted in any court of a misdemeanor crime of domestic violence?”

The term “misdemeanor crime of domestic violence” is defined in part as an offense that is a misdemeanor under Federal, State, or Tribal law and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim (see 18 U.S.C. § 921(33)(A)).

ATF has interpreted this to include current or former members of the military convicted of a violation of the Uniform Code of Military Justice, through a Special or General Court-Martial, which included, as an element, the use of force against a person as identified in the instructions...unquote


there ya go...
 

CJ4wd

Regular Member
Joined
Jun 22, 2017
Messages
263
Location
Planet Earth
Translation?
Does that mean ATF is expanding the "net" so more people (esp. service members) are getting their 2A rights screwed?
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,718
Location
here nc
We’ll fade back in time to the Texas church shooting by the dishonourably discharged USAF enlisted member for DV & who spent time in a MH facility...and upon released from the service purchased a big bad nasty rifle easily cuz AF/MH didn’t report his DV or stint in the MH facility to the FBI 😳.

so no...
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,346
Location
Cincinnati, Ohio, USA
"Firearms Commerce in the United States Annual Statistical Update 201320"

See footnote 1.
1Miscellaneous firearms are any firearms not specifically categorized in any of the firearms categories defined on the ATF Form 5300.11 Annual Firearms Manufacturing and Exportation Report. (Examples of miscellaneous firearms would include pistol grip firearms, starter guns, and firearm frames and receivers).
So, AK-47s and AR-15s are not rifles, they are miscellaneous.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,753
Location
Granite State of Mind
"Firearms Commerce in the United States Annual Statistical Update 201320"

See footnote 1.


So, AK-47s and AR-15s are not rifles, they are miscellaneous.
I suspect that refers to pistol grip-only shotguns, which are not legally shotguns because they're not designed to be fired from the shoulder. That's why they're subject to the same sales restrictions as handguns.
 
Top