[Posted Tuesday, July 10, 2012, at 6:50 p.m.]By Evan F. Nappen, Attorney at Law
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. (See: http://www.atf.gov/forms/download/atf-f-4473-1.pdf)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 a 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 the 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?”