In the early 1990s, I accompanied a friend and his 12-year-old son to a local gun show. My friend wished to purchase a .22 caliber rifle with which to teach his son to shoot safely and effectively. After much browsing, he found one at a reasonable price, one that suited both his needs and those of his son. The seller, a federally licensed firearms dealer, handed my friend an ATF Form 4473 to fill out. When my friend asked him why he had to fill out the form, the dealer answered that he could not purchase the weapon without doing so.
At this point, I inserted myself into the conversation. I told the dealer that the restriction was not on my friend, who was free to purchase firearms without filling out anything, but upon
him. As a dealer, he had accepted a license from the federal government to engage in the business of buying and selling firearms and was thus subject to the terms of that license. One of the terms was that he could not sell them to anyone who didn’t fill out the ATF Form 4473. In addition, the dealer has to keep the form on file for inspection by the Bureau of Alcohol, Tobacco, and Firearms (BATF). The same is true for the background check; it is imposed on the dealer as a condition of his license.