Understanding ATF Form 4473: What Does Are You an Alien Illegally in the United States Mean When Buying a Gun at Walmart?

Introduction

When purchasing a firearm from Walmart in the United States, you might encounter a peculiar question on the ATF Form 4473: 'Are you an alien illegally in the United States?' This article aims to clarify what this question means, why it is asked, and the legal implications for both purchasers and retailers.

What is ATF Form 4473?

ATF Form 4473, also known as the firearm purchaser's declaration form, is a federal registration form required for individuals purchasing firearms from retailers with a Federal Firearm License (FFL). (Federal Bureau of Investigation, 2023)

The Significance of the Question

When Walmart or any other retailer asks this seemingly vague question, they are specifically inquiring whether you are an alien who is illegally present in the United States. This question plays a crucial role in confirming the status and eligibility of the purchaser to own a firearm.

Legal Context and Eligibility

Under U.S. federal law, certain individuals, including those who are not citizens or are undocumented immigrants, are prohibited from purchasing or possessing firearms. The question serves as a safeguard to avoid selling firearms to these individuals, as doing so could result in federal felony charges against the retailer and the purchaser (Federal Bureau of Investigation, 2023).

Questions Asked on ATF Form 4473

The form includes several other questions which, upon failure to answer truthfully, can result in serious legal consequences. The questions are as follows (Federal Bureau of Investigation, 2023):

Have you ever been convicted of a felony offense? Have you ever been convicted in any court of a crime which is punishable by a term of more than 1 year or a misdemeanor punishable by more than 2 years? Have you ever been indicted for a crime punishable by more than 1 year? Are you a fugitive from justice? Are you an unlawful user of or addicted to any controlled substance? Were you ever involuntarily committed to a mental institution? Are you an illegal alien? Have you ever been dishonorably discharged from the armed forces? Have you ever renounced your U.S. citizenship? Are you subject to a restraining order that has been issued for threatening a family member? Have you ever been convicted in a court of a misdemeanor crime of domestic violence?

A failure to answer truthfully on any of these questions can lead to denial of the firearm transfer and, in some cases, criminal charges (Federal Bureau of Investigation, 2023).

Procedural Aspects of the Purchase Process

When you submit the ATF Form 4473, it triggers a mandatory background check through the National Instant Criminal Background Check System (NICS) administered by the Federal Bureau of Investigation (FBI, 2023).

The background check evaluates your criminal history, ancestry, and other relevant factors to determine your eligibility for firearm ownership. If any disqualifying factors are found, the sale cannot proceed (Federal Bureau of Investigation, 2023).

State and Federal Requirements

The requirements for purchasing a firearm vary by state but are generally governed by federal law. The retailer is required to ensure that the purchaser meets all eligibility criteria, which include:

Being at least 21 years old to buy a handgun or under 18 for long guns (Demonstrates Age Compliance, 2023). Being a citizen or lawful permanent resident of the United States (Demonstrates Eligibility for Purchase, 2023). Passing a background check through the NICS (Demonstrates Compliance with Federal Regulations, 2023). Providing valid identification (Valid Identification, 2023).

Conclusion

The question 'Are you an alien illegally in the United States' on the ATF Form 4473 serves as a safeguard against selling firearms to unauthorized individuals. Understanding the legal implications and the background check process is crucial for both retailers and purchasers to ensure compliance and avoid legal penalties.