How closely have you read the 4473?
All of us have filled out the 4473 form so many times that we could pretty much recite it and fill it out blind folded. But have you actually bothered to read the stuff after you sign and date 16 and 17?
A co-worker was perusing the later section, that hardly anyone reads, and found two interesting things in the 4473 that dispel misconceptions regarding firearm sales.
First there is the misconception regarding gifting a firearm. For a long time I have heard, and mistakenly believed, that gifting a firearm is only allowed between parent and offspring or between spouses. This is completely false. Apparently you can gift a gun to anyone you want. Take a look at the screen cap of the section explaining 11a “transferee/buyer”.
Did you catch the subtle nuance between the two examples? You cannot buy a gun on BEHALF of someone. But you can buy a gun and gift it to someone. Now the recipient of the gifted firearm must not be a prohibited person. So use common sense, otherwise you will have committed a straw purchase.
The other amazing discovery is with regards to residency. Having lived in NY for a couple years as a firearms enthusiast, I look for ways to acquire guns legally using loopholes. Such as buying non NY legal guns in PA but having them shipped to my FFL in NY. Like my Glock 21 Gen4 came with three 13rd magazines. The store clerk said he can’t ship them to NY. I told him yes he can because my FFL will buy them off me or trade them for 10 rd mags. However this recently discovered rule in the 4473 opens up opportunities for a lot of people.
In the 4473, under Current Address and State of Residency, there is a section that clarifies it. It states that if you have a house in a different state and while you are vacationing there, you must use that address while you are there buying guns.
What does this mean for you and me? Well, you can buy handguns in different states and take them with you rather than ship them to another FFL in the other state. Granted you need to have a home or apt with a supporting govt document that shows your address of that other state.
So my friend who is still living in NY, has a house in PA .He could go to a PA FFL and buy any gun he wants because he is using his PA address as his current residence. He can get any handgun or AR15 that would be banned in NY and leave them in his home in PA. According to the excerpt above, that would be completely legal.
The BATFE enforcement seems to be all about nuance (except concerning Fast & Furious, of course!).
When it comes to completing this form, watch your back, Jack! (or Jane!)