18 U.S.C. § 924(a) – False statements in acquisition of firearms

18 U.S.C. § 924(a) – False Statements in Acquisition of Firearms

18 U.S.C. § 924(a) makes it illegal to make false statements in connection with acquiring a firearm from a licensed dealer. This law is an important tool for preventing dangerous people from obtaining guns, but it also ensnares some well-intentioned citizens in legal trouble. Let’s break down what §924(a) says, what prosecutors have to prove, and what defenses you might have if charged under this law.

What the Law Says

Under 18 U.S.C. § 924(a)(1)(A), it’s a federal crime “knowingly to make any false statement or representation with respect to the information required by this chapter to be kept in the records” of a federally licensed gun dealer. This basically means it’s illegal to lie on the forms you have to fill out when buying a gun from a licensed dealer.

Specifically, you commit this crime if you give false info on ATF Form 4473 – the Firearms Transaction Record that captures your name, address, etc. Lying on this form, even on small details, can land you in legal jeopardy.

What Prosecutors Have to Prove

For you to be convicted under §924(a)(1)(A), prosecutors must prove these elements beyond a reasonable doubt:

• You knowingly made a false statement in connection with acquiring a firearm from a licensed dealer
• The false statement was made on the required ATF forms
• You knew the statement was false when you made it

“Knowingly” is the key word here. The government has to show you intentionally lied, not just made an honest mistake. But they don’t have to prove why you lied.

Prosecutors also don’t have to prove the lie was about a “material” issue. In other words, any false statement on the ATF forms – even if minor – can constitute a crime.

Maximum Penalties

If convicted under 18 U.S.C. §924(a)(1)(A), you face:

• Up to 5 years in federal prison
• Up to a $250,000 fine

Judges have discretion in sentencing and will consider factors like your criminal history and the circumstances of the offense.

Defenses

There are several legal defenses if you’ve been charged under §924(a)(1)(A):

You Didn’t Knowingly Lie

If you can show the false statement was a mistake or misunderstanding, not an intentional lie, then you should be found not guilty. For example, maybe you accidentally checked the wrong box or misremembered something minor from your past.

The Statement Wasn’t Material

Arguably, §924(a)(1)(A) should only criminalize lies that are “material” i.e. significant or relevant. Lying about your middle name or hair color shouldn’t be punishable. However, most courts have ruled any false statement on the ATF forms violates the law, no matter how trivial.

You Were Entrapped

If you can show law enforcement pressured or induced you into making false statements, you may have an entrapment defense. This is tricky to prove, however.

Your Rights Were Violated

If police violated your rights in their investigation – such as by using illegal wiretaps or coercing a confession – the evidence against you may be suppressed. This could result in the charges being dismissed.

Why People Get Charged

There are a few common reasons people get charged with violating §924(a)(1)(A):

• Lying about criminal record – Failing to disclose a prior felony or domestic violence conviction
• Straw purchases – Lying about being the “actual buyer” when you’re really acquiring the gun for someone else
• Lying about drug use – Falsifying your answers about illegal drug use
• Lying about other details – Giving wrong name, birthdate, address, etc. on the ATF forms

Often, the goal is to hide information that would prohibit someone from buying a gun. But sometimes, the lies aren’t for a nefarious purpose. For instance, lawful gun owners have been charged for mistakes as minor as getting their own birthdate wrong.

Avoiding False Statements

The best way to avoid violating 18 U.S.C. §924(a)(1)(A) is simple – be 100% truthful when filling out the required forms to purchase a firearm. Even the smallest lie, if knowingly made, could be a federal offense.

If you’re unsure about how to answer certain questions, discuss it with the gun dealer first. Ask for clarification so everything you put on the forms is accurate.

Buying a gun is a big responsibility. Taking the time to provide honest, complete information shows you’re taking it seriously.

For additional guidance, consult an attorney if you have concerns about your situation. An experienced lawyer can advise you on how to lawfully acquire a firearm without running afoul of §924(a)(1)(A) or other federal laws.

The Bottom Line

Lying on ATF forms when purchasing a firearm is a federal crime under 18 U.S.C. §924(a)(1)(A). Any false statement – even unintentional or on minor details – could lead to prosecution. However, with an honest mistake defense or by showing violations of your rights, it may be possible to fight the charges and avoid conviction. When buying a gun, answer all questions completely and accurately.