By Evan F. Nappen, Attorney at Law
Eatontown, NJ –-(Ammoland.com)- A new, controversial question now appears on the most recent “Firearms Transaction Record Part I – Over-the-Counter” (A.K.A. Form 4473), which must be filled out by anyone purchasing a firearm from a Federal Firearm Licensee, meaning a gun shop or other licensed dealer.
According to the ATF, this new Form 4473 must be used after July 9, 2012, and previous editions are obsolete.
Every person completing this form must now, under a new question “10.a,” either confirm or deny whether they are Hispanic/Latino. Failure to do so will cause potential criminal prosecution and denial of Second Amendment Rights.
The Form 4473 has been around since 1968, but never before has one ethnic group been singled out where individuals have to affirmatively state whether they ARE or ARE NOT a member.
What if the “ethnicity” question demanded “Jew or Not a Jew”? Would that “ethnicity” question be acceptable? Like the Hispanic/Latino question, it is offensive and not necessary. It has nothing whatsoever to do with one’s qualification to purchase a gun.
Race and ethnicity should not be asked at all on Form 4473. The race and ethnicity question is not specifically authorized under the U.S. Code (federal law). Ethnicity and race are not needed for identification purposes, as government-issued identification (e.g. Driver’s License) is already required by law for any gun transfer. Additionally, a National Instant Check is conducted before any such transfer.
The Obama Administration has covered up and exercised “Executive Privilege” to block information about the “Fast and Furious” gunrunning scheme which has killed federal agents and hundreds of “Hispanics/Latinos.”
Given that debacle, here is a much better question for the Form 4473 instead of race and ethnicity: “Are you buying this firearm with U.S. Government permission to provide it to death-dealing members of international drug cartels?”
About Evan Nappen
Evan Nappen is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com
(quote)What if the “ethnicity” question demanded “Jew or Not a Jew”? Would that “ethnicity” question be acceptable?(unquote
Just an FYI, "Jew" would be a question about a religion, not an ethnicity or race.
Latinos. Always agitated about someone else slurring their racial background. They already have free food, lodging, schooling, preferential job treatment, retirement as soon as they're here and a free pass into obamacare. They want citizenship they don't have to take a test for. Given to them. Now they're upset about the new 4473 asking about their race. You're making the wrong conclusion. When they check they're hispanic or latino they're going to be put into the 'sanctuary' stack and they will not be held responsible for making mistakes or lying on the form. Meanwhile they'll scream in your ear (been… Read more »
Ok riddle me this batman, if I have to fill out BOTH 10a & 10b, if I check Latino in 10a what do I pick in 10b?
Curious to hear from hispanics and latinos. The ATF requires both 10a and 10b to be completed. If you select Hispanic or Latino in 10a, which race would you choose in 10b? There are five choices: Asian, American Indian, Black or African American, Native Hawaiian, or White.
This is not a target for Hispanic gun buyers. This box is on every new application that is distributed from most agencies, from the ATF to Burger King. Why does it always have to be a race thing, why am i not upset because i do not have a box to check as a white American.
Your argumet is good but you may be missing a bigger issue that is nnot only based on the national cencus but now applies to the medicalrecords as weel. The current administration has removed hispanic/latino as a race. They can affiliate with any race they choose be as far as the feds are concernes they are on ethnicity not a race. Which on the surface will make easier to ingnore a imagration problem.