Does Question 19 Need to Be "Yes" on Form 4473? A Comprehensive Guide
The ATF Form 4473, "Firearms Transaction Record," is a crucial document in the US firearms acquisition process. Question 19, specifically, often causes confusion for both buyers and sellers. This guide will clarify when a "Yes" answer is required and the implications of providing an inaccurate response.
Understanding Question 19:
Question 19 on Form 4473 asks: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug?"
The key here is the wording: "unlawful user" and "addicted." This doesn't simply mean past use or even occasional use. The ATF focuses on current illegal drug use and addiction.
When to Answer "Yes":
You must answer "Yes" to Question 19 if you meet either of the following criteria:
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Unlawful User: You are currently using any controlled substance illegally. This includes marijuana, even in states where it's legal for recreational or medical use, if that use violates federal law. The federal government still classifies marijuana as a Schedule I controlled substance. Therefore, possessing or using it, even legally under state law, could result in a "Yes" answer.
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Addicted: You are currently addicted to any depressant, stimulant, or narcotic drug. Addiction is defined as a chronic relapsing brain disease characterized by compulsive drug seeking and use, despite harmful consequences.
When to Answer "No":
You can answer "No" if:
- Past Use: You have used controlled substances in the past but are not currently using them illegally.
- Legal Medical Use: You are legally using prescription drugs under the supervision of a physician. While you may be using controlled substances, this legal use doesn't constitute unlawful use.
- No Use: You have never used controlled substances.
Consequences of an Incorrect Answer:
Providing a false answer on Form 4473 is a serious federal offense, carrying significant penalties, including:
- Felony Charges: You can face felony charges, potentially leading to imprisonment and substantial fines.
- Disqualification from Firearms Ownership: You may be permanently prohibited from owning firearms.
- Seizure of Firearms: Any firearms you own may be seized.
Seeking Clarification:
If you are unsure how to answer Question 19, it's crucial to seek legal advice. An attorney specializing in firearms law can help you determine the correct response based on your specific circumstances. Incorrectly answering this question can have severe legal ramifications.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified legal professional for advice tailored to your situation. The laws surrounding firearms ownership and the 4473 form are complex and subject to change.
