dogtown tom
Member
If you read the instructionsin the 4473 you'll see the buyer can choose as many races as best describe them.To be fair, that is a bull*** question with no good answer for a lot of people.
Why?10a is even worse.
You are either Hispanic ethnicity or not Hispanic. Not that tough of a choice.
Challenged in court for what?I'm a bit surprised actually that those haven't been challenged in court yet.
The constitutionality? It's the same Ethnicity and Race questions on all federal documents that require that type of answer.
https://www.atf.gov/firearms/atf-form-4473-faqs
Q8: Why did ATF amend Form 4473, Firearms Transaction Record, to include information on race and ethnicity?
Form 4473 has included a question on race since it was established in 1968. ATF amended Form 4473 in 2001 to add ethnicity to the race question. In April 2012 to meet the requirements of the Office of Management and Budget (OMB) regarding the format in which government forms ask about race and ethnicity the two questions were separated. OMB’s standards for race and ethnicity questions require agencies to ask both race and ethnicity in a specific manner.
OMB published guidance to agencies regarding the adoption of these standards in 2000, but permitted ATF to continue using its existing form until 2012, when it required ATF to make changes to the format of the questions during the standard Paperwork Reduction Act approval process. To comply with OMB guidance, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); they are not a new requirement that prospective firearms purchasers provide additional information regarding race or ethnicity.
Q9: Did previous versions of ATF Form 4473 include demographic questions?
Yes, per federal regulation, all previous versions of ATF Form 4473 have included demographic or identifying questions, including a question pertaining to race of prospective firearms purchasers. Title 27, Code of Federal Regulations (CFR), section 478.124 (formerly 178.124), has required collection of information concerning the race and other identifying information of the transferee on Form 4473 since 1968.
Q10: Why is this demographic information needed?
Demographic information can be useful to law enforcement when tracing firearms used in crimes, to ensure the correct identification of an original purchaser and avoid misidentifications. Additionally, during background checks, this information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record. See 28 CFR 25.7
Q11: What happens to the data provided on Form 4473?
Completed Forms 4473 are retained by the Federal firearms licensee (FFL). ATF does not, and never has, maintained an archive or other information repository on the race or ethnicity of firearm purchasers or licensees, and it has no intention to do so in the future. ATF may inspect individual Forms 4473 containing personally identifying information held by FFLs only for limited regulatory or law enforcement functions-specifically, during inspections, and in the course of investigations (for example, when tracing firearms linked to individual criminal investigations). Similarly, the FFL may use the demographic data to ensure proper identification or facilitate the background check process. There are some limited circumstances – for example when an FFL goes out of business – under which the Forms 4473 or information contained thereon is provided to ATF as required by statute. Even under these limited circumstances, ATF does not aggregate or centralize the demographic information contained on the form.
Q12: What authority does the federal government have to ask for such information on Form 4473?
Title 18, United States Code (U.S.C.), section 923(g)(1)(A) provides authority for ATF to require such records, and 27 CFR § 478.124 implements that authority, including a requirement that the Form 4473 include information about the purchaser’s race.
Additionally, regulations at 28 CFR § 25.7 prescribe the search criteria used by the National Instant Criminal Background Check System (NICS) and states: "The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence." This information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record.
Q13: What are the specific changes that occurred in 2012 to the ATF Form 4473?
To comply with OMB format standards, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); these questions are not new requirements. In addition, respondents may check multiple races (e.g., bi-racial, multi-racial) as opposed to just one in question 10b.