NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is lying to get gun dealer license
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal firearms cases, and we’ve built our reputation defending cases others won’t touch. You might know us from the Netflix series about Anna Delvey, or from our work on the Ghislaine Maxwell juror misconduct case, or the Alec Baldwin stalking matter. If you’re reading this, you’re probably facing questions about your FFL application – or you’re thinking about cutting corners to get one approved.
Lying on a Federal Firearms License application is a federal felony. ATF and federal prosecutors treat false statements on FFL applications as serious fraud that threatens public safety. You’re not just risking your business license – you’re risking years in federal prison.
This article explains what happens when you lie on an FFL application, the federal charges you’ll face, what prosecutors need to prove, and what you should do if ATF or the FBI shows up asking questions.
The Federal Crime – Up to 10 Years in Prison
Federal law makes it a crime to knowingly make false statements when applying for a Federal Firearms License. The statute is 18 USC 924(a)(1)(A), and it covers any false statement “with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability.”
If you lie on your ATF Form 7 application to get an FFL, you’ve committed a federal felony. The maximum penalty is 10 years in federal prison and fines up to $250,000. Ten years. Not probation, not a slap on the wrist – actual federal prison time.
ATF doesn’t mess around with FFL applications because they know licensed dealers have access to thousands of firearms. One bad dealer can flood entire cities with illegal guns. So when someone lies to get that license, federal prosecutors view it as a threat to public safety – and they charge accordingly.
What Lies Get People in Trouble
The most common lies on FFL applications involve prior criminal history. Applicants with felony convictions know they can’t get an FFL, so they leave convictions off the application or claim they were misdemeanors. ATF runs background checks. They find the convictions. Then you’re not just denied – you’re under federal investigation for fraud.
People also lie about their business location. ATF requires FFLs to operate from compliant premises – not your kitchen table, not a P.O. box. Applicants will claim they have a storefront when they’re really planning to run the business from home. When ATF conducts a pre-license inspection and finds no actual business location, that’s a false statement charge waiting to happen.
Some applicants lie about their intended business purpose. They claim they’re starting a legitimate gun store when they really just want an FFL to buy guns for personal use at dealer prices. ATF calls these “kitchen table dealers,” and they’ve cracked down hard on this in recent years.
License Revocation Plus Criminal Charges
If ATF discovers false statements after they’ve issued your license, they’ll revoke it immediately. ATF policy states they will initiate revocation proceedings for willful violations including falsifying records or making false statements.
Once your FFL is revoked, your business is done. You can’t possess the firearms in your inventory. You have to surrender every gun to another FFL within days. Your livelihood disappears overnight.
That’s just the administrative penalty. The criminal charges come next. Federal prosecutors don’t choose between revoking your license OR charging you criminally – they do both.
What Prosecutors Must Prove
The government has to prove you made a false statement knowingly – meaning you knew the information was false when you provided it. If you genuinely believed the information you provided was accurate, that’s a defense.
Let’s say you had an old conviction you thought was expunged, so you didn’t list it on your FFL application. If you honestly believed it was legally erased, you didn’t knowingly make a false statement. The conviction might still sink your application, but you didn’t commit the federal crime of fraud.
Prosecutors prove knowledge through documents, emails, text messages. If you told someone else you were hiding the conviction, that’s evidence. If you researched whether you needed to disclose it and then left it off anyway, that shows knowledge.
Don’t Talk to ATF or FBI Without a Lawyer
Do not try to explain your way out of it when federal agents show up asking questions. Do not provide statements without a lawyer present. Federal agents are skilled at interviews – they’ll make you feel comfortable, like you’re just clearing up a misunderstanding. But every word you say is evidence.
The most common mistake is thinking you can fix the problem by being cooperative. You can’t. If ATF or FBI is asking questions about your application, they already know something is wrong – they’re gathering evidence to prove you knew it was wrong when you submitted it.
Tell them you want to consult with an attorney before answering questions. They’ll pressure you – they’ll say it looks bad if you lawyer up, that innocent people don’t need lawyers. Ignore all of that. Your Fifth Amendment right to remain silent exists specifically for situations like this.
Actual Sentences in FFL Fraud Cases
The maximum penalty is 10 years, but actual sentences vary based on your case and criminal history. If you lied on your FFL application and then used that license to traffic firearms, your sentence will be much higher. Prosecutors will charge you with the false statement crime plus whatever you did with the license.
Even first-time offenders can face actual prison time in these cases if the false statements were egregious. Federal judges take firearms cases seriously – this isn’t an area where judges routinely give probation for first offenses.
Why Federal Prosecutors Prioritize These Cases
The government views FFL application fraud differently than tax fraud or bank fraud because of the public safety element. When someone lies to get a business loan, the victim is a bank. When someone lies to get an FFL, entire communities could be flooded with illegally trafficked firearms.
ATF and DOJ announced they’re aggressively pursuing anyone who lies in connection with firearm transactions. Federal prosecutors have been directed to prioritize these cases. This isn’t an area where the government is letting cases slide – they’re actively looking for these violations.
If you’re under investigation for false statements on your FFL application, you need a federal criminal defense lawyer who understands firearms law. At Spodek Law Group, we’ve handled federal firearms cases across the country. We understand how ATF conducts investigations, how federal prosecutors build these cases, and what arguments judges find persuasive at sentencing.
If ATF denied your FFL application and you think they found false information, contact an attorney now – before they refer the case for prosecution. If federal agents have contacted you about your application, you need representation immediately. These cases move fast once ATF makes a referral to the U.S. Attorney’s office.