Craghtten v. United States, et al. – Do It For The Caselaw

Holding: The Ninth Circuit affirmed the dismissal, holding that the alien registration number requirement on Form 4473 does not violate the Second Amendment, the Jay Treaty, or 18 U.S.C. Section 922(d).
Standard: Meaningful impairment test
Vote: The panel of three judges unanimously concluded the case was suitable for decision without oral argument and affirmed the lower court's ruling.
Practical effect: The decision confirms that non-citizens, including Canadian-born American Indians, must provide an alien registration number to complete federal firearm transaction forms, ensuring dealers can verify lawful presence.

The United States Court of Appeals for the Ninth Circuit affirmed a district court dismissal of a challenge to federal firearm purchase requirements. The court held that requiring non-citizens to provide an alien registration number on Form 4473 does not violate the Second Amendment or related statutes.

Background

Isaac Craghtten, a Canadian-born American Indian and lawful permanent resident, attempted to purchase a firearm in Idaho but was unable to do so because he lacked an alien registration number required to complete Form 4473. He sued the government, alleging violations of the Second Amendment, Article III of the Jay Treaty, and 18 U.S.C. Section 922(d). The district court granted the government’s motion to dismiss.

The court’s reasoning

The court reviewed the case de novo and determined that the Second Amendment only prohibits meaningful constraints on the right to acquire firearms. The requirement to provide an alien registration number does not meaningfully impair an individual’s ability to access firearms, as the purchaser can readily obtain the number. The court cited United States v. Manney, noting that the form’s information collection ensures the purchaser is not lying and is eligible to own a firearm. Regarding the Jay Treaty, the court held that the treaty grants a right to pass the border without an alien identification number but does not affect firearm purchase requirements. Finally, the court found that the requirement is reasonable under 18 U.S.C. Section 922(d) to verify that non-citizens are lawfully in the United States.

What it means going forward

The decision confirms that non-citizens, including Canadian-born American Indians, must provide an alien registration number to complete federal firearm transaction forms, ensuring dealers can verify lawful presence.