Form 4473 Question 21: The Prohibited Person Questions Explained

Section B of Form 4473 — the buyer eligibility questions — is the core of the legal transfer process. Every question is there for a specific statutory reason, and errors or ambiguities in this section are among the most serious compliance findings an ATF inspection can produce.

Why Section B Matters More Than Any Other Section

The Form 4473 exists primarily to document that the buyer is legally permitted to receive a firearm. Section B is where the buyer certifies their eligibility. An incomplete or incorrectly answered Section B goes to the fundamental purpose of the form — not a technical error, but a substantive one that affects whether the transfer should have occurred at all.

The Questions and What They Mean

Are you the actual transferee/buyer? This is the straw purchase question. A "no" answer must stop the transaction. There is no legitimate reason for a buyer to answer no to this question.

Are you under indictment or information in any court for a felony? An indictment — not a conviction — is sufficient to prohibit a purchase. Many buyers don't understand that being charged, not just convicted, can be a disqualifier.

Have you ever been convicted of a felony? This covers any crime punishable by imprisonment for more than one year, regardless of the actual sentence imposed. State misdemeanors that carry potential sentences over one year qualify.

Are you a fugitive from justice? Any person who has fled to avoid prosecution or giving testimony.

Are you an unlawful user of or addicted to controlled substances? This includes marijuana, regardless of state legalization. Federal law controls here.

Have you ever been adjudicated mentally defective or committed to a mental institution? This covers both court adjudications of mental defect and involuntary commitment to psychiatric facilities. Voluntary treatment is not included.

Have you been discharged from the military under dishonorable conditions? Dishonorable discharge only — not other than honorable or bad conduct discharge.

Are you subject to a qualifying restraining order? Specific court orders related to domestic violence or stalking qualify. The order must meet specific federal criteria.

Have you been convicted of a misdemeanor crime of domestic violence? This is separate from the restraining order question and covers convictions, not just charges.

What Dealers Need to Watch For

Questions left blank are a violation — every question must be answered yes or no. Questions answered ambiguously — with a question mark, "N/A," or a partial answer — are also violations. And while dealers cannot verify most answers independently, visible red flags (a buyer who hesitates, asks which boxes to check, or indicates familiarity with a prior criminal matter) create an obligation to pause the transaction.