Penalties for Lying on ATF Background Check Form – As Hunter Biden Allegedly Did – Include Fines, Jail Time

Amid reports Hunter Biden may have given false information on an ATF background check form, it is notable that the punishment for false answers on that form includes fines up to $250,000 and/or ten years of imprisonment.

ATF Form 4473 is the background check each would-be gun buyer fills out upon trying to buy a gun at retail. A Federal Firearms License (FFL) holder then calls the FBI and relays the information from the form, receiving the all-clear to sell the gun or a rejection, which means the gun cannot be sold to the would-be buyer. A third option is that the FBI can alert the FFL holder that it will extend the background check another three business days to give FBI reviewers additional time to check criminal records.

On March 25, 2021, Breitbart News pointed out that Hunter Biden, who is President Joe Biden’s son, may have lied about his history of drug use when filling out ATF Form 4473 for a gun purchase in 2018.

The form asks questions like, “Are you the actual transferee/buyer of the firearm(s) listed on this form? … Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you.”

A “yes” or “no” answer is required.

ATF Form 4473 also asks, “Are you a fugitive from justice?”

Again, a “yes” or “no” answer is required.

The question pertinent to Hunter Biden’s alleged 2018 gun purchase is drug related. It asks:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

The would-be gun purchaser is required to answer “yes” or “no”.

ATF Form 4473 makes clear, “The information you provide will be used to determine whether you are prohibited by Federal or State law from receiving a firearm. Certain violations of the Gun Control Act, 18 U.S.C. 921 et. seq., are punishable by up to 10 years imprisonment and/or up to a $250,000 fine.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him at awrhawkins@breitbart.com. You can sign up to get Down Range at breitbart.com/downrange.