What is the penalty for lying on a gun application

Understanding the gravity of falsifying information

Providing false information on a firearm application is a serious offense under both federal and state law. When applying to purchase a firearm, individuals are required to complete various forms, most notably the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473. This form asks a series of questions designed to determine whether the applicant is legally eligible to own a gun. Lying on this form can lead to significant legal repercussions.

Federal penalties for lying on form 4473

Under federal law, specifically 18 U.S. Code § 922(a)(6) and 18 U.S. Code § 1001, knowingly making any false statement or representation with respect to any information required by law to be kept in the records of a licensed firearm dealer is a crime. The penalties for violating these laws can include:

• Imprisonment: A term of imprisonment for up to 10 years.
• Fines: Substantial financial penalties, potentially reaching hundreds of thousands of dollars.
• Loss of Gun Ownership Rights: Being permanently prohibited from owning or possessing firearms.

For example, if an individual claims they have never been convicted of a felony when, in fact, they have, they are in direct violation of federal law.

State-level penalties and variations

to federal laws, many states have their own laws regarding false statements on firearm applications. These state laws can vary in severity, but generally mirror the federal penalties. The specifics of these laws differ by state, meaning what constitutes a crime and the potential punishment can change depending on where the offense occurs.

For instance, some states may have stricter penalties for certain types of false statements, such as lying about a history of domestic violence. Others might consider lying on a state-specific form, even if it mirrors the federal form, as a separate offense, potentially doubling the penalties.

Who is prohibited from owning a firearm?

The ATF Form 4473 includes questions designed to identify individuals who are prohibited from owning firearms under federal law. Some of the categories of individuals who are prohibited include:

• Convicted felons
• Individuals convicted of a misdemeanor crime of domestic violence
• Individuals subject to a restraining order
• Individuals who have been adjudicated as mentally defective or committed to a mental institution
• Individuals who are unlawful users of or addicted to any controlled substance
• Fugitives from justice
• Individuals who have been dishonorably discharged from the Armed Forces

Answering "no" to any of these questions when the truthful answer is "yes" constitutes a false statement and can trigger the penalties discussed earlier.

Real-world examples and consequences

There are numerous cases where individuals have faced prosecution for lying on a gun application. These cases often involve individuals with criminal histories or mental health issues attempting to circumvent the background check system. For instance, in 2023, a man in Texas was sentenced to five years in prison for falsely claiming on a Form 4473 that he had not been convicted of a felony. He had multiple prior convictions and was attempting to purchase a firearm illegally.

Another example involves a woman in California who was prosecuted for lying about a domestic violence restraining order. She received probation and was prohibited from owning firearms for life. These examples highlight the real-world consequences of providing false information on a gun application and the commitment of law enforcement to prosecute such offenses.