Heon Jong Yoo, aka Hank Yoo v. United States

In exercising aspects of the Second Amendment right to purchase and keep firearms, citizens are required to undertake certain steps. A Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) Form 4473 is a form used to purchase firearms in the United States in order to identify the purchaser and seller, and in order to facilitate a background check of the purchaser. Various crimes may be associated with the form. ATF Form 4473’s are used, on average, thousands of times each day across these United States, and resolution of the following important issues associated with crimes committed when filling out the form is, therefore, a matter of national significance. At the core, Mr. Yoo questions the preeminence of an ever-changing executive agency-created form and executive agency legal interpretations that create criminal liability for firearms transferees. The questions presented are: A. Are the instructions on an ATF Form 4473 evidence of a jurisdictional fact such that the jurisdictional element of the statutory offense found at 18 U.S.C. § 924(a)(1)(A) is surplus, and does present tense testimony concerning the licensure of a firearms dealer also refer to the past in order to establish that same jurisdictional fact?