False Statements On ATF Forms Or During Purchase Of Firearms 18 USC Section 922(a)(6)
What Does the Law Say?
The relevant portion of 18 USC 922(a)(6) states:
“It shall be unlawful for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.”
This law applies to purchases from federally licensed firearms dealers. The government must prove the defendant:
- Knowingly made a false statement as charged
- Was trying to acquire a firearm or ammunition from a licensed dealer
- The statement was intended or likely to deceive the dealer
- The statement related to a fact material to the lawfulness of the sale
The government does not need to prove the defendant knew they were breaking the law. A reckless disregard for the truth is enough to satisfy the “knowingly” requirement.
Typical Scenarios
Some common scenarios that violate 18 USC 922(a)(6) include:
- Lying about criminal history on ATF Form 4473
- Providing false identity documents
- Falsely claiming to be the actual buyer when acquiring the gun for someone else (“straw purchase”)
- Stating you are not an unlawful user of controlled substances if you are
- Claiming residence in a state you don’t live in
There are several potential defenses to 18 USC 922(a)(6) charges, such as:
- You did not knowingly make a false statement. For example, you may have misunderstood the question or made an innocent mistake.
- The statement was not material to the lawfulness of the sale. If the alleged false statement would not have actually prohibited you from buying the gun, it may not be material.
- You did not intend or it was not likely to deceive the dealer. If you can show the statement was not meant to or capable of deceiving the dealer, it may not meet the requirements of 18 USC 922(a)(6).
- Entrapment. If you can demonstrate that law enforcement induced you to commit the offense you otherwise would not have, entrapment may apply.
An experienced criminal defense lawyer can assess the strength of any defenses in your specific case.