Blade_Runner wrote:
A visit to your law library is in order, counselor, a felony indictment and a felony conviction are two very different things.
It's the "innocent until proven guilty in a court of law" thing.
Put succinctly, only a convicted felon is prohibited from buying, owning or possessing a firearm.
No American citizen under indictment is denied his constitutional rights.
Note ATF form 4473 question 21.C and the section that states a yes answer disqualifies you from purchasing a firearm.
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
OMB No. 1140-0020
Firearms T***saction Record
WARNING: TheinformationyouprovidewillbeusedtodeterminewhetheryouareprohibitedbyFederalorStateLawfromreceivingafirearm,or whetherFederalorStateLaw prohibitsthesaleordispositionofafirearmtoyou. CertainviolationsoftheGunControlAct,18U.S.C.§921et.seq.,are punishable by up to 15 years imprisonment and/or up to a $250,000 fine. Any person who exports a firearm without a proper authorization from either the Departmentof CommerceortheDepartmentofState,asapplicable,issubjecttoafineofnotmorethan$1,000,000andupto20yearsimprisonment.
ReadtheNotices,Instructions,andDefinitionsonthisform. Prepareinoriginalonlyatthelicensedpremises(includingbusiness temporarily conducted from a qualifying gun show or event in the same State in which the premises is located) unless the t***saction qualifies under18U.S.C.§922(c). AllentriesmustbehandwrittenininkunlesscompletedunderATFRul.2016-2. PLEASEPRINT.
T***sferor’s/Seller’s T***saction Number (if any)
Section A - Must Be Completed By T***sferor/Seller Before T***sferee/Buyer Completes Section B
1.
Manufacturer and Importer (if any), or Privately Made Firearm (PMF) (If the Manufacturer and Importer are different, include both.)
2. Model
(if designated)
3. Serial Number
4. Type
5. Caliber or Gauge
1.
2.
3.
6. Total Number of Firearms to be T***sferred (Please spell total number e.g., one, two, etc. Do not use numerals.)
7. Check if any part of this t***saction is a pawn redemption. Record Line Number(s) From Question 1:
8. Checkifanypartofthist***sactionistofacilitateaprivatepartyt***sfer.
Section B - Must Be Completed Personally By T***sferee/Buyer
9. T***sferee’s/Buyer’s Full Name (If legal name contains an initial only, record the initial followed by “IO” in quotes. If no middle initial or name, record “NMN”.) Last Name (including suffix, e.g., Jr, Sr, II, III) First Name Middle Name
10. Current State of Residence and Address (U.S. postal abbreviations are acceptable. Cannot be a post office box.)
Number and Street Address City Reside in City Limits? State ZIP Code Yes No Unknown
County/Parish/Borough
Day Year
11. Place of Birth
U.S. City and State -OR- Foreign Country
16. Social Security Number (optional, but will help prevent misidentification)
15. Birth Date Month
12. Height Ft.
In.
13. Weight (lbs.)
14. Sex Male
Female Non-Binary
17. Unique Personal Identification Number (UPIN) or Appeals Management Database Identification (AMD ID) (if applicable)
18.a. Ethnicity Hispanic or Latino
Not Hispanic or Latino
18.b. Race (Select one or more race in 18.b. Both 18.a. and 18.b. must be answered.) American Indian or Alaska Native Black or African American
Asian Native Hawaiian or Other Pacific Islander
White
19. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) United States of America (U.S.A.) Other Country/Countries (Specify):
20. If you are an alien, record your U.S.-issued alien or admission number (AR#, USCIS#, or I94#):
21. Answer the following questions by checking or marking either the “yes” or “no” box to the right of the questions:
a. Are you the actual t***sferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)?
Warning: You are not the actual t***sferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual t***sferee/buyer, the licensee cannot t***sfer any of the firearm(s) to you. Exception: If you are only picking up a repaired firearm(s) for another person, you are not required to answer 21.a. and may proceed to question 21.b.
b. Do you intend to sell or otherwise dispose of any firearm listed on this form and any continuation sheet(s) in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offense?
c. 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?
d. 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?
e. Are you a fugitive from justice?
Page 1 of 7
Yes
No
Previous Editions Are Obsolete ATF Form 4473 (5300.9)
STAPLE IF PAGES BECOME SEPARATED Revised August 2023
Yes
No
f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
g. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?
h. Have you ever been discharged from the Armed Forces under dishonorable conditions?
i. 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?
j. 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?
k. Have you ever renounced your United States citizenship?
l. Are you an alien illegally or unlawfully in the United States?
m.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?
m.2. If you answered “Yes” to question 21m.1, do you fall within any of the exceptions stated in the instructions?
n. Do you intend to sell or dispose of any firearm(s) listed on this form or any continuation sheet(s) to any person described in questions 21(b)-(l) or to a person described in question 21.m.1 who does not fall within a nonimmigrant alien exception.
I certify that my answers in Section B are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering “yes” to question 21.a. if I am not the actual t***sferee/buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions 21.b. through 21.l. as well as 21.n. is prohibited from receiving, possessing, or purchasing a firearm. I understand that a person who answers “yes” to question 21.m.1. is prohibited from receiving or possessing a firearm, unless the person answers “yes” to question 21.m.2. and provides the documentation required in 26.d. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this t***saction, 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 to predominantly earn a profit without a Federal firearms license is a violation of Federal law