Texas-Book-Gun Law Armed And Educated - Flipbook - Page 126
help determine a firearm purchaser’s eligibility under federal law.
Once the form is completed, the prospective purchaser will sign
the form and attest that the information provided is truthful and
accurate under penalty of federal law. This means that if you lie or
make false statements on this form, the Feds can and will prosecute
you!
Likewise, the dealer must also sign the Form 4473 and retain it
for at least 20 years. The ATF is permitted to inspect as well as
receive a copy of the Form 4473 from the dealer both during audits
and during the course of a criminal investigation. The 4473 records
must be surrendered to the ATF in the event the FFL dealer retires
or ceases business.
Texas law also prohibits lying on a federal firearm transaction form.
Texas Penal Code Section 46.06(a)(7) makes it a state jail felony
to knowingly make a material false statement on this form while
being prohibited from possessing a firearm under state or federal
law. If you “lie and try” to purchase a firearm, you are committing
a crime under both Texas and federal law!
C. How are background checks administered when purchasing
a firearm?
1. NICS: National Instant Criminal Background Check System
Background checks by dealers when transferring firearms are
completed through the National Instant Criminal Background
Check System or (“NICS”), if required, prior to the transfer of a
firearm from an FFL dealer to a non-dealer. When the prospective
purchaser/transferee’s information is given to NICS, the system
will check the applicant against at least three different databases
containing various types of records. Applicants are checked against
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