Domestic Violence and Form 4473: What Dealers Need to Know

Questions 21i and 21j on Form 4473 address two domestic violence-related prohibitions that many buyers — and some dealers — don't fully understand. Misunderstanding these questions leads to errors on the form and, in some cases, transfers that shouldn't have occurred.

Question 21i — Restraining Orders

Question 21i asks whether the buyer is subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child of an intimate partner. The answer is "yes" if all three of these conditions are met: the order was issued after a hearing at which the buyer had notice and an opportunity to participate; the order restrains the buyer from harassment, stalking, or threats; and the order either prohibits the use of force or finds that the buyer poses a credible threat.

Not every restraining order triggers this prohibition — the specific elements matter. An emergency protective order issued without a hearing, for example, may not meet the standard. But a final protective order issued after a court hearing typically does.

Question 21j — Domestic Violence Misdemeanor Convictions

Question 21j asks whether the buyer has ever been convicted of a misdemeanor crime of domestic violence. The "ever" is important — this prohibition has no expiration. A domestic violence misdemeanor conviction from 30 years ago still triggers the prohibition.

What Dealers Should Know

As a dealer, your job is to ensure that both questions are answered and that the form is complete — not to independently verify the buyer's answers. But you should be aware that these questions generate a significant portion of NICS denials. If a buyer seems uncertain about how to answer 21i or 21j, you can direct them to consult with an attorney rather than guessing.

Common Form Errors

The most common dealer error on these questions is leaving them blank. Both 21i and 21j must be answered. A blank field is a violation regardless of the buyer's actual eligibility status.