A retiree was recently charged with Unsworn Falsification to Authorities and the Unlawful Sale and Transfer of a Firearm, based upon his incorrect answer on a firearm purchase application. As a teenager in the 1970's, the client was convicted of a drug offense for possessing marijuana, and answered a question about prior drug crimes convictions incorrectly.

The court dismissed the charges at the preliminary hearing, concluding that the Defendant made an error on the form, and did not act knowingly with the intent to mislead a public servant. Specifically, since the guilty plea to this charge happened over 40 years ago, the Court found that there was insufficient evidence to demonstrate that the client had any recollection of the charge at the time the application was completed.

ZLF is now working on a full expungement petition for the client, which is expected to be ordered within the next 90 days.

If you have ever had any involvement whatsoever with the criminal justice system, you should not attempt to buy a gun or apply for an open carry permit without reviewing your own criminal history with a lawyer.