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By Evan F. Nappen, Attorney at Law

ATF New Racist Form 4473

Obama’s ATF Targeting Hispanic Gun Buyers with New Racist Form 4473

Evan Nappen

Evan Nappen

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. (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?”

About:
Evan Nappen (www.EvanNappen.com) 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

  • 27 User comments to “Obama’s ATF Targeting Hispanic Gun Buyers with New Racist Form 4473”

    1. 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.

    2. [...] Via Ammo Land Share this:EmailFacebookPrintTwitterStumbleUponRedditDiggLike this:LikeBe the first to like this. Categories: Uncategorized Comments (0) Trackbacks (0) Leave a comment Trackback [...]

    3. ATF Racist Form Against Latinos | Writers of the Rio Grande on July 12, 2012 at 9:44 AM said:

      [...] Read more at Ammoland. [Translate] [...]

    4. 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.

    5. 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.

    6. Tred Law on July 13, 2012 at 8:53 AM said:

      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?

    7. Buck in Phoenix on July 13, 2012 at 10:12 AM said:

      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 there, had it done) you’re a racist, they’re being discriminated against, and laughing because you don’t get it.

    8. (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.

    9. I found out yesterday that at least one box in 10b MUST ALSO BE checked. NICS was told that the customer was only hispanic. Response “something in 10b must also be checked”. Customer chose “Hawaiian”

    10. Freddie Serna on July 15, 2012 at 10:30 AM said:

      Isn’t Mitt Romney of Latino or Hispanic descent? That means that if he were to buy a firearm he would have to check ‘White’ in Section (10.b) and check ‘Latino or Hispanic’ in Section (10.a).
      Basically Mitt Romney is a “White Latino or Hispanic” who worships God/Jesus Christ as most Latino’s or Hispanic’s do. So according to our present government administration policy the Latino or Hispanic God/Jesus Christ worshipping community is a far bigger threat than the Islamic factions.
      Our present President bows to Islamic and foreign leaders but fails to apologize for sending arms to Mexico (Fast & Furious). (Don’t bother jumping in claiming that Obama did not bow. The news videos clearly show him bowing.)
      Wake up my fellow Latino’s or Hispanic and White Latino’s or Hispanic’s this present administration considers you more of a threat to the United States than the Islamic terrorist’s that he bows to.

    11. All you people who voted for a CHANGE got what you wanted. Lets try him for treason, his only qualifications for president was an ORGANIZER. He’s organized us into near bankruptcy, spread more racial tension, and disregarded procedure in how laws are made and passed. Its not his job to write new laws, now he is going to sign U.N. legislation to an arms treaty which will disarm law biding Americans. Remember this on election day if he can’t find a way to cancel that too.

    12. this is incredible. The only arguable reason for asking for someone’s race (not ethnicity), is for identification purposes, which, as someone noted, is obviated by the Id requirement. If we were in the 1930’s would we see Italian or Non-Italian? Why wouldn’t they get to the heart of the matter, and ask if Muslim, another violation of the Constitution. What is so poor about he question, is, for example, they could have added a Hispanic/Latino section in the already existing box. I do not know all of my family history, it is possible that I have Spanish ancestors, is that what the ATF is asking about? I doubt it. This is unconstitutional, on its face, and a farce. It does not solve a private transfer sale problem, not does it solve someone who is in a gang, but white, black, Asian, etc., Besides, how many legitimate gun owners buy through an ATF form? Obama is really quite amazing, as he is reaching out on employers by encouraging unions (and thus driving small businesses out of existence and big businesses richer, and using minorities to further that agenda, yet he is not afraid to discriminate against Latinos, when it suits him. Do Argentinian’s count as Latino’s, I’d think not, but the ATF surely would.

      Let’s get back to the world of enforcing the laws on the books, instead of insulting law abiding citizens. I wonder how majority Latino minority cities will react to this requirement. This seems to be a local issue, not a states rights or national issue. It is blatantly prejudicial. Imagine a Hispanic high school student, who gets a sports scholarship (because of Title IX monies), and also decides to try out for the trap team. So he can play soccer for the federally funded university, but have to go through harassment and embarrassment to shoot trap on the same school league. Shame on Obama. Equality means equality for all before the law, not the select few. I hope the ACLU gets wind of this (what a team that would be, the NRA and ACLU on the same side!)

      come on, enough already. Targeting the few without even reason or rationale, is beyond prejudice, it is unconstitutional. I’m proud we finally have an African American President. I hope we become progressive enough to have a female President. I will move to some other country if those who have been discriminated against for years, use their accomplishments to punish other minorities, and the agency branches do not challenge the agility of the actions.

    13. jose velez on July 21, 2012 at 3:33 AM said:

      atf in puerto rico that not far all of you look in to this and you see for you self you dont need a pasport to go the and we dont have green card thay need to fix there new efile 4473 plesae call the atf and she what thay tell you that a big mistake to do. what more can happen thay no that p.r is part of the usa sine day one us flag files there. thank you and god bless you your form the heart j velez

    14. Brett Cardavoyne: I clicked on your name. A lawyer? PLEASE: this feeds your pockets, you have some nerve. A man of your intellegence … not understanding what this President has and continues to do to our country. The Illegals in our city are training small children from the age of 5 & 6…we’ve witnessed guns, drugs, and smelt the stench of meth on a regular basis for 6 years, before the authorities finally got that individual arressted and deported. PLEASE…do what is ethical and drop the race card! God BLess America! AND for the record: my great-grandparents came from Germany, the learned and respected the way of the land. They never brought cartels, weapons, drugs. Nor did the hoard families into homes, like our neighbors 21 at last count…21 ! they work the system to a T and everyone in authority well, they have thier heads in large sandy holes in the ground… honestly, we believe they are afraid to do things. We’re over powered in our city. !! AND now, lets get all these illegals together and help them VOTE…illegal votes…fraud. YEP, this President is doing a real BANG UP job!

    15. 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!

    16. Jared Cooper on September 26, 2012 at 11:36 AM said:

      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.

    17. ATF Story On Rascist Form Finally Breaking | Writers of the Rio Grande on September 29, 2012 at 6:56 PM said:

      [...] very interestion article came up from Ammoland.com a couple of months ago. We at Wotrg did our best to spread it on the internet and by word of mouth. [...]

    18. 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.

    19. 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?

    20. 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.

    21. 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 both ways. When you spend decades crying out for attention, don’t be surprised if someone suddenly notices you.

    22. I am still waiting for BATFE to realize that “White” is not a race. “Caucasian” is a race, “White” is a color.

    23. John Freikis on February 4, 2013 at 3:25 AM said:

      By government policy (see your Census forms!), any individual can be identified as “Hispanic” or “non-Hispanic” independently of whether they identify as “black”, “white”, “american indian”, etc. Silly, I agree, but this is ultimately the result of our insistence on keeping tabs on race, which, when you take a good look at genetics and the history of human populations, is utter bullshit.

    24. make is “SPEEDY”

    25. Tom Bender on June 19, 2013 at 1:48 PM said:

      Sorry guys, the Feds got this one correct. The new 4473 is not Racist. Latino and Hispanic is not a Race. The majority that refer to themselves as Hispanic or Latino are of Spanish blood. Spaniards are considered White which in turn would actually make the majority of Latino’s or Hispanic’s part of the group under the heading of White.

    26. Barney Carney on July 10, 2013 at 3:20 PM said:

      Hispanic groups people based on the Spanish language and not any racial feature.

    27. Randy depaul on August 8, 2013 at 8:10 AM said:

      I checked the Latino box one time. Now I check the non Hispanic/latino box. Yes my father was Latino and I speak Spanish but I’m also black, white, and native American. Latino can be anyone and we, just like anyone else, is a mixed race. Bad enough I have to check the black box, just the black box. I feel it is racist or “culturalist.” There is no Jew or Arab box. The U.S. always say we play the race card but in reality, everything is about race.

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