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
Sadly this is a self-inflicted problem. It is a case of being hoisted by their own petard. Hispanics (Latinos) have insisted on being identified separately from "Anglos." By seeking to differentiate themselves for political and economic reasons, they have brought this upon themselves. They have demanded recognition as being separate based solely on their "ethnicity. Italians, Germans, Nordics, Irish, Greeks et al didn't seek to be differentiated, to the contrary, they sought to be assimilated as quickly as possible. Not so Latinos. They have, to a large extent, attempted to hold themselves apart, to resist acculturation. You can't have it… Read more »
Its for Identification purposes duh, they can't put it in the race box along with white, African american, American Indian, and Asian because Unlike the latter sometimes you can't tell Hispanics apart from white, african Americans, American Indian or Asians. There has been many times that people ask me if I am Hispanic because "I don't look Mexican" or ask my green eyed freckled mexican friend how many times he gets the "uh your Mexican?" comments, same with my green eyed dad. And to posters buck and Joan, you come off as obnoxious bigots? FYI.
To the poster Joan: your grandfather was from Germany? He was not a nazi now was he? Cause I can kinda see a little nazi in you?
They don't need to ask your weight or height either but they do so there is no discrepancy from your drivers license. Not to mention if that gun is used in a crime and the police find it they need a way to ID YOU the OWNER. I am Hispanic background but you couldn't tell from looking at me and I could care less about answering it the same way as a job app.
Salena, You and your fiance should learn English. Our laws are written in English as are our road signs, our constitution and our declaration of Independence. We speak English here.
Had your fiance known how to read English he would have known that you can't have someone else fill out the form for you because the purchaser must affirm the the purchaser understands the form and that the answers are all true. Since he did not do that he broke the law, and is now a felon.
my fiance had a nice seller fill out the form for him cause he said it was the same as a fishing license, and my fiance could not read english well! guy checked the box saying he was a us citizen now hes beind denied his immigration papers cause someone was seller happy! there is no pardon for claiming this and he didnt even do it!
his 30k that he has paid for the last 10yrs to his attorney gone case denied! so what problems does this employee have none!