ATF: Stalkers, Abusers, Mentally Ill Already Barred from Buying Guns

ATF: Stalkers, Abusers, Mentally Ill Already Barred from Buying Guns

Amid Democrats’ push for gun control following Elliot Rodger’s knife, car, and gun attacks in Santa Barbara, it is important to note that bans on gun purchases by stalkers, domestic abusers, and the mentally ill already exist. 

The ATF makes this clear with its 4473 form–a federal form that would-be gun buyers must fill out and answer correctly as part of the NICS background check they undergo in gun purchases. 

Some questions from the form state:

* Question 11a: Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person(s). If you are not the actual buyer the dealer cannot transfer the firearm(s) to you.

* Question 11e: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

* Question 11f: Have you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairsOR have you ever been committed to a mental institution?

* Question 11h: Are you subject to a court order restraining you from harassing, stalking, or threatening your child or intimate partner or child of such partner?

* Question 11i: Have you ever been convicted in any court of a misdemeanor crime of domestic violence? 

Question 11a clearly bars straw purchasers–persons who purchase guns for those who cannot legally do so–from acquiring a firearm. In fact, it was this very question that cost Mark Kelly his AR-15 purchase in March 2013 because the Tucson, AZ, gun store owner was convinced Kelly was buying the gun for “reasons other than his own personal use.”

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