American citizens are afforded the right to bear arms, but there are several restrictions to regulate legally purchasing a firearm.
In Pennsylvania, buying a gun often begins with a Federal Firearms Transaction Record Form (4473 form) and a Pennsylvania State Police Application/Record of Sale Form (SP 4-113).
As straightforward as completing a few forms seems, the details required and the wording of certain questions can create a lot of confusion. A misstep can not only result in being denied a firearm, but it can also land you in significant legal trouble and facing a gun charge.
If you have been accused of making false statements on a firearm application, call Philadelphia defense attorney Michael Fienman at (215) 839-9529 right away. He will review the situation, help protect your gun rights, and most importantly work to keep a firearms conviction ff your record.
False Statements on Gun Applications in Pennsylvania
If you live in Pennsylvania and want to buy a firearm from a dealer, you must first fill out an application. This in-depth form includes questions about your criminal history and is cross-checked against law enforcement records.
If you make any false statements on your gun purchase application, you won’t just have your request denied. You may also face criminal prosecution for a felony.
This may seem excessive for a mistake on a government form, but this system is in place to keep guns out of the wrong hands. Therefore, abuses of the application system are not treated lightly.
For this reason, you should always consult with a Pennsylvania gun law attorney if you think your previous criminal record may prevent you from buying a firearm.
Common Mistakes on Gun Applications
The most common mistakes people make on gun purchase applications concern ownership limitations mandated by federal law. Specifically, under 18 U.S.C. § 922(g), you are not allowed to own a firearm if you have a felony conviction or any of the following on your record:
Felony Convictions or Disqualifying Misdemeanors
Federal law, 18 U.S.C. § 921(a)(20), prohibits firearm ownership by anyone with a felony conviction or certain misdemeanors. Specifically, misdemeanors punishable by more than two years (like a first-degree misdemeanor in Pennsylvania) are disqualifying, even if your sentence was lighter.
It’s important to note that the it’s not about the sentence you received, but what the maximum possible sentence could have been.
Active Protection from Abuse (PFA) Order
Many people answer this question incorrectly on the gun purchase application because it does not explicitly ask about a “PFA.” Instead, the form asks about whether you are subject to a “court order” restraining you from contacting or harassing someone. Technically speaking, they are one and the same, but many people are unaware of this.
Misdemeanor Domestic Abuse Conviction
You may be barred from owning a firearm for a prior domestic violence conviction. Domestic violence consists of assault, battery, abuse, rape, or other violent conduct against a member of your family or household.
Unsure About Your Record?
If you have doubts about whether any of the above applies to you, contact a lawyer before filling out any of the following forms:
- Federal Firearms Transaction Record Form (the 4473 form)
- Pennsylvania State Police Application/Record of Sale Form (SP 4-113)
- Application for Pennsylvania License to Carry Firearms
Can You Be Charged for a Mistake on a Gun Form?
Yes. Many applicants are surprised to learn that even innocent mistakes can result in criminal charges.
Prosecutors often bring charges regardless of whether the applicant made a false statement by accident, or in a deliberate attempt to obtain a firearm. As a result, many well-meaning citizens find themselves in court after making an innocent mistake on a gun purchase application form that many people find confusing.
How Investigations Start & Why You Should Call a Lawyer
The gun dealer runs the application against the state police computer database. If there is any inconsistency between the two, the gun purchase will be denied.
The gun dealer must then notify the state police. When the state police receive a copy of the gun application form, they can easily see where you made the misstatement or omission. At this point, the police will call and ask for an interview.
This interview might seem like a simple part of the application process; easily cleared up with a conversation. But it is actually quite serious – taken at your own risk.
If you do talk to the police, you will essentially be giving them crucial evidence in their case against you–even if you do not confirm that you made a misstatement. This alone can give a prosecutor enough to bring charges, as your false statement is already evident from the conflict between the gun purchase application form and the police records.
Instead of voluntarily admitting guilt or complicating the situation further, you should hold tight and exercise your right to remain silent. Speaking with a lawyer first is your best option to deal with things quickly and effectively.
Criminal Penalties for False Gun Applications
If the police have evidence that you made a false statement on a gun purchase form, the prosecutor will probably charge you with violating these laws:
Unsworn Falsification to Authorities
Title 18 § 4904
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Making a false statement to mislead a public servant
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Misdemeanor of the second degree
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Penalty: Up to 2 years in jail and a $5,000 fine
Sale or Transfer of Firearms
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Knowingly using false ID or making false oral/written statements during a gun purchase
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Felony of the third degree
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Penalty: Up to 7 years in prison and $15,000 in fines
Even if your goal was simply to buy a hunting rifle and you misunderstood the questions—or forgot a past plea deal disqualified you—these charges can have devastating consequences.
Do not plead guilty and do not answer questions related to your application without talking to a skilled defense lawyer.
Contact Fienman Defense Today
If you are charged with making a false statement on a gun application or if the State Police has called you about a mistake on your purchase form, you need to talk to a lawyer now. Attorney Michael Fienman knows this can seem like a hassle for a mix-up, but by not taking this situation seriously, you’re only putting yourself at risk.
Attorney Fienman has considerable experience dealing with gun application disputes and charges stemming from false applications. We have successfully helped clear up confusion, avoid formal charges, and protected our clients’ ability to buy firearms. If you have questions about your application or eligibility, call (215) 839-9529 today to schedule a free consultation.
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