UNLAWFUL SALE & TRANSFER AND ILLEGAL PURCHASE OF FIREARMS LAWYER

If you apply for a concealed firearms carry permit or complete an application to purchase a firearm, you cannot afford to answer questions without being 100% sure of the answer. Any inaccurate responses made on these forms can lead to you being charged with serious felony and misdemeanor charges, even if you have no prior criminal record and had no intent to lie on the application.

The Pennsylvania State Police are filing charges on firearm applications cases at a record pace. The two most common charges associated with firearms application cases are:

Sale or Transfer of Firearm – 18 Pa.C.S. 6111(g)(4) – Punishable by up to 7 years in prison: any person, purchaser or transferee commits a felony of the third degree if, in connection with the purchase, delivery or transfer of a firearm under this chapter, he knowingly and intentionally: (i)  makes any materially false oral statement; (ii)  makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or (iii)  willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.

Statement Under Penalty – 18 Pa.C.S. 4904(b) – Punishable by up to 1 year in prison and a minimum $1,000 fine: A person commits a misdemeanor of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

COMMON REASONS YOU CAN BE CHARGED FOR LYING WHILE TRYING TO PURCHASE A FIREARM

If you answer questions incorrectly on either the ATF Form 4473 or SP4-113 forms, the Pennsylvania State Police will be asked to “investigate” the matter. Typically, the investigation will involve running your background check, obtaining mental health or conviction records, and case referrals to local law enforcement. The investigating officer will assume that you lied on the application, even if you believe you made an oversight or honest mistake.

If you answered questions incorrectly, and any of the following apply to you, then you may end up facing criminal charges:

  • You are technically a fugitive from justice by having active arrest, traffic or non traffic warrants;

  • You have convictions under the Controlled Substance, Drug, Device and Cosmetic Act;

  • You have a prior felony conviction

  • You have a prior conviction for a domestic violence crime

  • You have a prior conviction for a state misdemeanor offense punishable by possible imprisonment of up to 2 years or more, even if you received no jail time whatsoever;

  • You have a 2nd offense DUI conviction; or if you have 3 total DUI convictions within a 5 year period;

  • You have been adjudicated as incompetent, or have been committed to a mental hospital or institution for inpatient care and treatment under the Mental Health Procedures Act;

  • You are present in the US unlawfully (i.e. illegal immigrants);

  • You are subject to an active Protection From Abuse (PFA) order;

  • Anyone who is adjudicated delinquent of certain offenses as a juvenile, including, but not limited to homicide related offenses, felony assault offenses, sexual assault offenses, arson, robbery, and extortion.

  • An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety;

  • An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug;

  • An individual who is a habitual drunkard;

If you answer questions regarding these issues incorrectly on your firearms purchase or permit application, you may very well be charged with the offenses discussed above.

COMMON ERRORS AND MISREPRESENTATIONS ON FIREARMS APPLICATIONS

Even if your mistake was innocent, you don’t want to have to explain yourself before a judge or jury on an unlawful sale or transfer of firearms case. Some of the most common mistakes, include:

  • “I didn’t know my juvenile record counted.”

  • “That case happened years ago, I thought it was automatically expunged from my record.”

  • “I didn’t know my commitment was classified as involuntary.”

  • “I forgot that a conviction was on my record.”

  • “I didn’t know I had an active warrant for my arrest.”

  • “I didn’t think my conviction carried a maximum sentence of a year or more.”

  • “Nobody went over the form with me.”

In other cases, the offender simply had such an extensive criminal record, that there was no way they could have been mistaken about their checkered past when they completed the application.

The bottom line is this: if you answer an eligibility question inaccurately for any reason, the police and the local District Attorney’s office will likely assume that you intended to deceive the agency reviewing your application. 

HOW ZLF CAN HELP

If you are uncertain about the answers to any of the questions listed in a firearms purchase or carry permit application, it is highly recommended that you hold off until you run both state and FBI criminal background checks. You should also retain counsel to review the application with you step by step, to insure that your answers are truthful and accurate.

If you have already been denied the right to purchase a firearm, or obtain a carry permit, you should immediately consult with an attorney about filing a PICS challenge.

If it is too late, and you are charged with the Sale or Transfer of a Firearm or Unsworn Falsification, call ZLF today at 412-447-5580 for a free, confidential consultation.