NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to jail for false statement on gun form
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling criminal defense cases. Many of the cases we’re famous for handling – are cases that others say were unwinnable. Our managing partner represented Anna Delvey in the Netflix series case, handled the Ghislaine Maxwell juror misconduct case, and defended clients in the Alec Baldwin stalking case. If you’re facing federal gun charges for lying on ATF Form 4473, you need attorneys who understand how federal prosecutors build these cases – and how to defend against them.
This article explains what happens when someone makes a false statement on a gun purchase form, the federal penalties you’re facing, and why most people charged with this crime don’t understand how serious it is until they’re already indicted.
Yes, you can absolutely go to jail for a false statement on a gun form. The penalty is up to 10 years in federal prison under 18 U.S.C. § 922(a)(6). Federal prosecutors treat this as a serious felony – not a paperwork mistake.
ATF Form 4473 is the Firearms Transaction Record you fill out when buying a gun from a licensed dealer. Question 21.e asks if you’re an unlawful user of or addicted to any controlled substance. Question 21.b asks if you’re under indictment for a felony. Question 21.c asks about felony convictions. Question 21.i asks about domestic violence restraining orders.
Answer any of these questions falsely, and you’ve committed a federal crime. The law doesn’t care if you misunderstood the question or thought your old conviction didn’t count. If you knowingly provided false information – meaning you knew the truth and lied anyway – that’s enough for a conviction.
Hunter Biden’s 2024 conviction shows how seriously federal prosecutors take these cases now. He answered “no” to the drug use question on Form 4473 in October 2018 when he was, according to the government’s evidence, actively using crack cocaine. A federal jury in Delaware found him guilty of three felonies: making a false statement in the purchase of a firearm, making a false statement related to information required to be kept by a federally licensed firearms dealer, and possessing a firearm while being an unlawful user of or addicted to a controlled substance.
He faced up to 25 years in prison and $750,000 in fines before receiving a presidential pardon in December 2024. Most defendants don’t get pardons.
The statute requires prosecutors to prove you acted “knowingly” – that you were aware the information you provided was false when you provided it. This is different from making an honest mistake about the law. If you genuinely believed you weren’t prohibited from owning a gun, that’s a possible defense. But prosecutors will look at your conduct, your prior record, and whether you had any reason to know you were lying.
In cases involving drug use, they’ll pull your text messages, your bank records showing drug purchases, testimony from people who saw you using drugs around the time you bought the gun. The standard isn’t whether you were high at the exact moment you filled out the form – it’s whether you were an “unlawful user” during the relevant time period, which courts define as recent or regular use.
Straw purchases are the most common type of false statement prosecution. That’s when someone who can legally buy a gun purchases it on behalf of someone who can’t – a convicted felon, someone with a domestic violence history, someone under indictment. The actual buyer lies on Question 21.a, which asks: “Are you the actual transferee/buyer of the firearm(s)?”
Federal prosecutors love these cases because the evidence is straightforward. They prove the prohibited person couldn’t buy the gun. They prove you bought it. They prove you immediately gave it to that person. Then they show the jury the form where you checked “yes” saying you were the actual buyer.
Federal prosecutors in Oklahoma secured guilty pleas in multiple straw purchase cases in 2022 and 2023. Defendants faced up to 10 years on each count for lying on ATF forms about being the actual buyer.
Despite the harsh maximum penalties, actual prosecution rates remain extremely low. In fiscal year 2017, ATF referred about 12,700 denied purchases to field divisions for investigation. U.S. Attorney’s Offices prosecuted 12 of these cases as of June 2018. That’s 99.9% of investigated cases resulting in nothing more than a warning.
Why so few prosecutions? Resources. Federal prosecutors have limited time and focus on cases with aggravating factors – violent felonies, trafficking, multiple serious offenses in a short time period, cases where the defendant actually used the gun in a crime. A single false statement on a form, where the person was denied the gun and never obtained it, usually doesn’t get prosecuted.
But that doesn’t mean you’re safe if you lied on the form. It means you’re gambling. If you’re under investigation for something else – drug trafficking, fraud, another gun crime – prosecutors will add the false statement charge to increase your exposure and pressure you into a plea deal. If your false statement led to someone getting a gun who later committed a violent crime, you’re getting charged. If you made multiple false statements across different purchases, you’re getting charged.
The sentencing range depends on your criminal history and the offense level calculated under the federal sentencing guidelines. A basic false statement offense without aggravating factors typically results in a lower guideline range – possibly probation for a first-time offender. Add in prior felonies, use of the gun in another crime, or trafficking activity, and you’re looking at years in federal prison.
What do you do if you already made a false statement on Form 4473? Don’t compound it by trying to buy another gun or by possessing firearms while prohibited. Don’t talk to ATF agents without a lawyer – anything you say will be used to prove the “knowingly” element.
If federal agents contact you about a gun purchase, you need a criminal defense attorney immediately. These cases move quickly once ATF refers them for prosecution. By the time agents are interviewing you, they’ve already gathered most of their evidence – transaction records, background check denials, surveillance footage from the gun store, witness statements.
At Spodek Law Group, we’ve handled federal firearms cases across the country. Our criminal defense attorneys understand how ATF builds these investigations and where the government’s case has weaknesses. We’ve represented clients in cases involving alleged straw purchases, false statements about criminal history, and charges related to drug use prohibitions.
The worst thing you can do when facing a false statement charge is assume it will go away because prosecution rates are low. Once you’re indicted, you’re in the small percentage of cases the government decided to pursue – which means they believe they can win. Federal prosecutors don’t charge cases they expect to lose.
If you lied on ATF Form 4473 – or if you’re being investigated for making false statements during a gun purchase – call us. We’re available 24/7, and we handle cases nationwide. The stakes are too high to wait, and federal criminal cases move faster than most people expect.