Innocent Mistakes on Gun Applications Can Lead to Criminal Charges in PA
In Pennsylvania, an incorrect answer on an application to purchase a firearm - even if it is the result of an innocent mistake - can lead to serious felony and misdemeanor charges. For this reason, it is extremely important to consult an attorney before attempting to buy a gun if you believe there is any reason why you might be prohibited from purchasing a firearm (such as an old criminal conviction, involuntary mental health commitment, etc.).
Process for purchasing a firearm
Whether you want to purchase a firearm for personal protection or for sporting purposes, the process for buying a gun in Pennsylvania is pretty simple.
Go to a gun store and choose a firearm. (There are more than 2,500 federally licensed firearm dealers in PA)
Fill out an application. The application, which is pictured below, asks for some basic personal information before posing several complex and potentially confusing questions regarding the buyer’s legal eligibility to purchase a firearm. It is these eligibility questions - which require an understanding of legal terms and principles - that inevitably lead to incorrect answers and then criminal charges.
The seller conducts a background check. The firearm dealer will plug the information provided in the application into the Pennsylvania Instant Check System, or PICS, to determine if you are legally allowed to own a gun. In most cases, the check goes through within minutes. However, if there is an issue that pops up (meaning if one of the answers provided is contradicted by the results of the background check), the gun dealer is instructed to call the Pennsylvania State Police to report the matter and cannot complete the sale. Under these circumstances, the buyer leaves the store empty handed and - weeks later - usually receives notice that criminal charges have been filed against them.
If the background check is successful, the firearm is transferred and the sale is completed.
Classes of people who are ineligible to purchase a firearm
The following people cannot buy a gun in Pennsylvania because they are prohibited from owning a firearm under Pennsylvania and/or Federal law:
Minors (anyone under 18 years old);
Undocumented immigrants;
Fugitives from justice (any person with an active warrant for their arrest);
Any person with an active Protection from Abuse Order (“PFA”)
Any person who has been involuntarily committed to a mental hospital in the past (colloquially referred to as being “302’d”);
Any person who unlawfully uses - or is addicted to - drugs or alcohol (this includes marijuana because it has not been decriminalized under federal law yet);
Any person convicted of a misdemeanor crime of domestic violence;
Any person currently charged with - or previously convicted of - a crime punishable by more than one year imprisonment, regardless of the sentence that was actually imposed (this means that a person previously convicted in PA of any crime graded as a misdemeanor of the second degree or higher cannot purchase a gun - even if that person was only sentenced to probation as a result of the conviction);
Any person dishonorably discharged from the U.S. military.
Two most common charges stemming from an incorrect answer
When a person completes a gun application but answers one of the eligibility questions incorrectly, the Pennsylvania State Police will undoubtedly file criminal charges against them. The two most common crimes charged in these instances are:
Unlawful Sale or Transfer of Firearms, 18 Pa.C.S. Section 6111(g)(4)(ii), graded as a felony of the third degree; and
Unsworn Falsification to Authorities, 18 Pa.C.S. Section 4904(b), graded as a misdemeanor of the third degree.
The more serious crime, Unlawful Sale or Transfer of Firearms, is committed when a prospective firearm purchaser knowingly and intentionally makes a false written statement on the gun application. In other words, a person commits a felony offense when they purposefully provide an incorrect answer on the application. This crime is punishable by up to seven years imprisonment.
The less serious crime (although still a misdemeanor offense), Unsworn Falsification to Authorities, is committed when a person makes a written false statement which he does not believe to be true on a gun application. This crime is punishable by up to one year imprisonment and a mandatory $1,000 fine.
Call Bishop Law if you have been charged
If you have been charged with a crime stemming from an unintentional incorrect answer on a gun application, DO NOT PLEAD GUILTY. Instead, you should persist in your not guilty plea and force the Commonwealth to present their case at trial. This is the recommended course of action because it is extremely difficult for the prosecution to prove that an incorrect answer on a gun application was made intentionally unless they have an incriminating statement from the defendant themselves.
At Bishop Law, we have successfully defended countless individuals charged under these circumstances throughout Western Pennsylvania. So if you have been charged with Unlawful Sale or Transfer of Firearms or Unsworn Falsification to Authorities, call or text us today at (412) 589-9422 for a free consultation and case evaluation. We are available 24/7.
