BATF changes

[abrahamsmith]

Maybe you all already knew about this, but check out these postings on the BATF website:
http://www.atf.treas.gov
http://www.atf.treas.gov/firearms/022002form4473update.htm

Notice: Change to Form 4473
ATF published a Temporary Rule (TD-ATF-471) in the Federal
Register on February 5, 2002, that amended the regulations in order to implement changes to the Gun Control Act of 1968 relating to nonimmigrant aliens. These changes also required ATF to revise the ATF F 4473, (10/2001), Firearms Transaction Record Part I, Over-The-Counter, to reflect these new regulations. This Temporary Rule established that the new regulations, along with the new Form 4473, would go into effect on February 19, 2002. Old versions of the Form 4473 were rendered obsolete and may no longer be used by Federal Firearms Licensees (FFL). The new Form 4473 may be ordered electronically online at http://www.atf.treas.gov/dcof/index.htm , or via regular channels from the ATF Distribution Center at: ...

 

[Lord Grey Boots]

I got denied because of these rule changes, due to an error by the NICS operator. Nonimmigrant aliens aren't supposed to be able to purchase firearms.

I am a Permanent Resident Alien.

Permanent Resident Aliens (ie, have a green card) are explicitly described as NOT being "nonimmigrant aliens". However, the NICS operator thought that despite the clear instructions on the 4473 form, I should have said YES when asked "Are you a non-immigrant alien?" I answered NO, which is the correct answer.

Further calls to supervisor types at the NICS center over the following few days confirmed that I had answered correctly. But once a check is denied, they can't undo it without a full appeal process being followed.

I had to formally appeal the denial. I sent the appeal request in including the appropriate quotes from the 4473 form and the NICS/FBI/BATF websites. Two months later, I get a nice letter from the NICS folks saying, in effect, "Ooops, sorry for the denial thing, you are approved, and can proceed with the purchase".

 

[Scarborough]

Lord Grey Boots, my son-in-law had a similiar problem that was not resolved. Despite his ''green card'' he was required to provide evidence that he had resided in the U.S. for the last 90 days. We brought back to the point of sale his wage & earnings statement for the past year. This was found unacceptable, as proof of residence in the year 2001 does not mean that he lived here in 2002. If we had gone out and bought a generic reciept book and written bogus rent reciepts THAT was o.k. . He chose not to purchase the gun. I don't know if I should rant and rave at BATF or if they are responding to the sterling service that INS has provided. What a mess.

 

[Libertarian]

I was really hoping to read that the BATF were disbanding. Oh well. maybe next time.

 

[Lord Grey Boots]

On a previous purchase there was some questions about proving residence for 90 days as well. The FFL mentioned my Washington state DL, CPL, alien firearms card, and my business card.

That seemed to do it, but it took some arguing.

I still don't know how I would "prove residence for the past 90 days".

Anybody got any ideas?

 

[dZ]

a phone bill or electric bill in your name usually works to prove residence

 

[foghornl]

The best change in BATF would be that it no longer exists. I cannot think of any useful purpose for that [ahem] organization.

 

[Nanaimo Barr]

same situation Grey Boots. I never did get a stright answer from any of the 4 differnt AFT offices I called about it. what works around here is a utilitiy bill more than 90 days old with your name on it