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Ljutic Nut
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The Bureau of Alcohol, Tobacco, Firearms and Explosives or more commonly the ATF has announced an update to Form 4473, the background check form. All Federal firearms licensees or FFLs will have to switch to the form on Jan. 16, 2017. The previous form, drafted in 2012, will no longer be accepted from that point on.

Anyone buying from or transferring a firearm through an FFL will have to fill out this updated form. The bulk of the changes to the form are small clarifications to how the background check questions are phrased but one change stands out noticeably.

Question 11.e asks if the person filling out the background check is “An unlawful user of, or addicted to, marijuana” among other controlled substances. It has a new warning that points out that marijuana use remains “Unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes” under state law.

This change reflects the ATF’s longstanding position that local laws don’t supersede the federal laws the ATF is tasked to interpret and enforce. As long as there are federal laws that criminalize the consumption or possession of marijuana it will be illegal for cannabis users to purchase firearms.


In case there was any confusion — agree with it or not, says the ATF, right on the 4473. (Photo: ATF)

It’s not a legally gray area even if the enforcement of these and similar laws can sometimes be difficult or even impossible in these municipalities. This supports recent case law as well.

Recently the 9th U.S. Circuit Court of Appeals ruled that federal laws that prohibit drug users from purchasing firearms still apply to marijuana users, even in states where marijuana use has been decriminalized for medical or recreational use.

SEE ALSO: NINTH CIRCUIT APPEALS COURT SAYS NO TO GUNS FOR MEDICAL MARIJUANA USERS
Other changes to the form include a new format for filling out names for the background check process. Anyone with no middle name will have to mark the form NMN and anyone with only a middle initial must mark their initial with IO for initial only. Additionally, anyone with a name suffix like junior or senior will be required to include that information as well.

The new form uses the stricter term “sex” instead of “gender” for the purposes of identification and includes language detailing federal laws and definitions to help people correctly fill out the form. The updated form also includes instructions on how to proceed if a transfer is initially denied then overturned.

Legal experts at Orchid Advisors have a detailed list of the changes which number in the dozens. “If you have additional questions regarding the revised Form 4473, please contact your local ATF office. A listing may be found online (ATF Field Divisions | Bureau of Alcohol, Tobacco, Firearms and Explosives).”

The new forms can be found online on the ATF website.
 

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Under the 'sex' question, I normally answer-'not lately'.
 
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These forms always cracked me up to start with. I mean who would answer them truthfully if they were trying to sneak a gun through to start with? I mean a shady fella is gonna lie his butt off.
 

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The answer put on the form can be used against you if such found untrue. Just one more charge they can file against a defendant.
The more charges they file, more chance to get you on something even through plea bargain.
 

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If you are in a state that legalizes medical pot and you have a prescription are you then a "lawful user"?

I hope Trump steps on this agency a little, they are just too much.

HM
 

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The answer put on the form can be used against you if such found untrue. Just one more charge they can file against a defendant.
The more charges they file, more chance to get you on something even through plea bargain.
You missed my whole point. The folks who would need to lie on the form, are the same folks who would and not care about the "what ifs" of lying on the form. They are only concerned about slipping through the system "now". Criminals don't worry about consequences.
 

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Being a lawful user in a State is not a lawful user recognized by the Fed. I suspect Trump will treat pot States the same as sanctuary cities, withholding funds if possible.
 
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Trump has said he's 100% in favor of medical marijuana but isn't a fan of recreational marijuana.
His pick for AG Jeff Sessions is a vocal opponent of marijuana legalization so that probably tells us something.

It's going to be interesting to see how things play out on this front.
 

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Being a lawful user in a State is not a lawful user recognized by the Fed. I suspect Trump will treat pot States the same as sanctuary cities, withholding funds if possible.
Wouldn't have to withhold any money. All he'd have to do is arrange for a few pot shops to get raided.
 

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Yes, but with holding funds would be more effective. The legalization of pot was put into the Constitution by a ballot initiative. It has to be removed by the same process. You can save money not giving it away, you do spend it conducting raids and you will drive it underground and no enforcement by local authorities since it is legal.
 

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ATF Form 4473, Firearms Transaction Record (Form 4473) has been revised.
Read it here: eATF Web Updates: Revisions to ATF Form 4473
"We have created a webpage to highlight the significant changes to the form. It is highly suggested that you review the entire revised form including all of the Notices, Instructions, and Definitions."

Bill
 
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