Attorney responds to claim that consistency was purpose behind ATF form change

Attorney responds to claim that consistency was purpose behind ATF form change

  • July 12, 2012
  • By: David Codrea for the

    An attorney reporting a change to ATF’s Form 4473 Firearms Transaction Record requiring gun buyers to identify if their “ethnicity” is “Hispanic or Latino,” says dismissing the revision as simply a move to standardize race and ethnicity on all federal forms is “a lame excuse” that ignores several key considerations. Evan F. Nappen responded this morning to follow-up questions to yesterday’s Gun Rights Examiner reportabout a revision to the gun purchase form that went into effect on Monday.

    “If this is just a consistency update, then it is to make sure every federal agency is consistent with their racism,” Nappen responded.

    “A government agency, during the Clinton administration, after studies by social scientists and comments from activists from different groups, says use this racist approach for ‘reporting’ and that somehow makes it okay to NOW use it on a 4473 and enforce via NICS [National Instant Check System],” he explained, admitting that while “ATF’s latest change does mimic a government-wide 1997 directive from the Office of Management and Budget, that directive only pertained to agency action such as statistical reporting, general program administrative and grant reporting, and civil rights and other compliance reporting.

    “Plus, he added, “it was supposed to be implemented by 2003, “There are key differences here,” Nappen elaborated, explaining “A 4473 is not included in the above categories. A 4473 is not agency ‘reporting.’ It is a mandatory government document that stands between us and the free exercise of a right.”

    “Because it is blatantly racist, strict scrutiny applies here and three tests must be satisfied for it to be lawful,” he continued. “It must be justified by a compelling governmental interest, it must be narrowly tailored to achieve that goal or interest, and it must be the least restrictive means for achieving that interest.”

    “This is a big fail and I am considering suing in Federal Court and getting my attorney fees paid by the government because it is a civil rights violation,” Nappen revealed. “Just because the Government has a racist approach to its agency statistics and reporting, does not mean its fine for 4473s. 4473s are not ‘gun buyer surveys.’ 4473s are not a sociological study. They are ‘confidential’ individual applications of record for a gun transfer from an FFL [Federal Firearms Licensed dealer].

    “Also please keep in mind, this is being done nine years after the end date of the OMB directive, it’s after Fast and Furious, and it’s after ‘emergency’ multi-rifle reporting requirements being imposed on border state gun shops,” he reminded. “Who is kidding who?” he challenged.