NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is lying on gun purchase form
|Thanks for visiting Spodek Law Group. If you’re reading this, you’re probably facing serious federal weapons charges – or you know someone who is. At Spodek Law Group, we’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling the kinds of cases other attorneys won’t touch. We’ve represented clients in cases that made national headlines – from Anna Delvey’s fraud case that became a Netflix series, to the Ghislaine Maxwell juror misconduct case, to defending against stalking allegations involving Alec Baldwin. When federal prosecutors come after you for lying on a gun purchase form, the stakes are as high as any case we’ve handled.
This article explains what happens when you lie on ATF Form 4473, the federal penalties you’re facing, and why the gap between what the law says and what actually happens creates a dangerous trap for defendants.
Lying on Form 4473 is a federal felony under 18 U.S.C. § 922(a)(6). The statute is clear – up to 10 years in federal prison for making false statements when purchasing a firearm from a licensed dealer. That’s the law on paper. The reality is far more complicated, and that’s exactly what gets people into trouble.
What Form 4473 Actually Is
Every time you buy a gun from a licensed dealer, you fill out ATF Form 4473 – the Firearms Transaction Record. The form asks direct questions. Are you a convicted felon? Are you an unlawful user of controlled substances? Are you buying this gun for someone else? The form itself warns you in bold letters that lying is “a crime punishable as a felony under Federal law.”
The questions aren’t suggestions. Federal prosecutors don’t need you to actually get the gun to charge you – lying on the form is the crime, even if the background check denies you. Even if you never walk out of that gun store with a firearm, you’ve committed a federal felony the moment you sign a form with false information.
Hunter Biden learned this in 2024. He checked “no” when asked if he was a drug user, bought a Colt Cobra revolver in October 2018, and a jury convicted him on three felony counts related to that single false statement. The case became a national spectacle – not because the law was unusual, but because prosecution for this specific crime is actually rare.
The Penalties Are Brutal
Federal law authorizes up to 10 years in prison for violating 18 U.S.C. § 922(a)(6). Fines can reach $250,000. You lose your gun rights permanently. These aren’t technical violations with slap-on-the-wrist consequences – this is serious federal time.
The materiality requirement matters here. Prosecutors must prove your lie was “material” – meaning it could have affected whether the dealer would complete the sale. Courts have ruled that minor mistakes don’t count, but anything touching the core eligibility questions does. Lying about drug use? Material. Denying felony convictions? Material. Claiming you’re the actual buyer when you’re purchasing for someone prohibited? Absolutely material.
Straw purchases – buying guns for prohibited persons – fall under the same statute. In 2022, Congress passed the Bipartisan Safer Communities Act, which added specific straw purchase and trafficking provisions with penalties up to 15 years, or 25 years if the gun is used in violent crime or drug trafficking.
Enforcement Is Rare But Devastating When It Happens
Here’s what the ATF won’t tell you in their press releases – actual prosecutions are incredibly rare unless you’re connected to other criminal activity. According to Justice Department records, only about 12 people were prosecuted nationally for Form 4473 violations in 2017, despite over 25 million background checks performed that year.
The gap between threatened penalties and actual enforcement is massive. ATF runs a “lie and try” program specifically targeting prohibited persons who attempt purchases, yet prosecutions remain selective. The reality? Federal prosecutors have limited resources – they focus on cases involving violence, trafficking, or defendants with serious criminal histories.
When someone does get prosecuted, actual sentences run far below the 10-year maximum. In 2019, Everette Alexander got 10 months for falsely claiming he wasn’t a felon when trying to buy a gun. That’s still federal prison, that’s still a felony conviction, but it’s nowhere near the decade the statute authorizes.
When Federal Prosecutors Actually File Charges
Prosecution happens in predictable patterns. You’re buying guns that show up at crime scenes. You’re making multiple straw purchases for a trafficking network. You’re a prohibited person with a violent criminal history attempting to arm yourself. You’re part of a broader federal investigation where the gun charge becomes leverage.
Since the 2022 law changes, the Department of Justice has charged more than 60 people for trafficking and straw purchase violations, seizing hundreds of firearms. The numbers are still small compared to the volume of gun transactions, but enforcement is increasing in specific contexts – particularly where guns connect to violent crime or organized trafficking.
Geographic factors matter too. Some U.S. Attorney’s offices prioritize these cases more than others. If you’re in a district running a gun crime initiative, you’re at higher risk even for conduct that might get ignored elsewhere.
The Danger of Assuming You Won’t Be Prosecuted
The worst mistake is thinking low prosecution rates mean you’re safe. Federal prosecutors have complete discretion over who to charge. The fact that most Form 4473 violations go unprosecuted doesn’t protect you if they decide to make you the exception.
High-profile cases prove this point. Hunter Biden faced charges that most defendants never see – not because his conduct was unique, but because prosecutors chose to bring the case. That discretion cuts both ways. You could be the defendant they use to send a message, the case that becomes a press release, the example that warns others.
One false answer destroys your gun rights forever – even if you’re never prosecuted. A felony conviction for this offense means you’re prohibited from possessing firearms for life under federal law. There’s no coming back from that.
What This Means If You’re Facing Charges
If federal agents or ATF are investigating you for Form 4473 violations, the prosecution is already serious – they wouldn’t waste resources on a case they plan to drop. Prosecutors often use gun charges as leverage in broader investigations, offering to drop them in exchange for cooperation on other matters.
The defenses exist but they’re narrow. Lack of knowledge that a statement was false, good faith mistakes on complex questions, immateriality of the false statement – these work in limited circumstances. Far more often, the fight is over sentencing, not guilt.
This is where our experience with high-stakes federal cases matters. We’ve handled cases that others said were unwinnable – that’s why clients choose us. Our managing partner Todd Spodek is a second-generation criminal defense lawyer who has successfully handled hundreds of federal cases. We understand how federal prosecutors think because we have former federal prosecutors on our team.
Don’t assume the low prosecution rates mean you’re safe. The gap between the law’s severity and actual enforcement creates confusion – but that confusion won’t help you in federal court.