Are gun applications confusing?
Answer: Yes.
For most people, to legally purchase a gun in Pennsylvania, the rules are confusing. To apply to purchase a gun, an applicant must complete a questionnaire. The questionnaire asks whether an applicant has ever been convicted of a crime that could result in prison time greater than one year. Because this question is poorly worded, applicants are often confused.
How are gun applications confusing?
Answer: See below.
For example, if a person was convicted of a misdemeanor and received a sentence of six months to one year of probation. Should this applicant answer “Yes” or “No” on the forms? An applicant may assume that they can answer “No”. Or often, an applicant will ask the gun store employee who then encourages an applicant to answer “No”. But in this scenario, if you were to answer “No”, this would not only be incorrect, but it would also be a serious crime.
If an applicant mistakenly or intentionally lies on a gun application, that is considered fraud in Pennsylvania.
Will I still be charged with crimes even if I made an “innocent” mistake on the application?
Answer: Yes.
Even if the mistake on the gun application was made unknowingly, it does not matter. Even if the gun applicant mistakenly provides an incorrect answer on a gun application, the applicant can be charged and convicted of these crimes.
If I have questions about the gun application, should I consult with a lawyer before submitting the application?
Answer: Yes.
Since there are no “harmless mistakes” when filling out a gun application, and because the consequences can be serious, before you fill out a gun application, always consult with a lawyer.
If you do not consult with a lawyer before you fill out a gun application, and you are subsequently criminally charged with lying on the application, you will certainly need a lawyer to represent you for the serious felony and misdemeanor crimes that you have been charged with.
If I have a clean record, and I buy a gun for another person, is that considered a crime?
Answer: Yes, this is known as a Straw Purchase.
Pennsylvania’s Legislature enacted the firearm statutes to prevent people with criminal records from being able to purchase guns. The gun laws also prohibit people becoming a Straw Purchaser.
A Straw Purchaser is a person who is legally allowed to buy a gun themselves, but actually purchases a gun for another person. When filling out the gun forms, a buyer must swear or affirm that the purchase is for themselves. However, with a Straw Purchaser, their actual intent is to purchase the gun and then sell it to another person. But this is a crime. Because society views Straw Purchasers as a conduit to illegal gun possession, which adds to our gun epidemic, this is a far more serious crime.
Conclusion
We have vast experience representing people who have innocently, but mistakenly, filled out gun applications. If you find yourself in this situation, you should not be convicted of a misdemeanor, and you certainly should not be convicted of a felony. If you have been accused of being a Straw Purchaser, you could be facing serious jail time. ThePhillyLawyers has considerable experience in defending all types of gun charges. Please call us for a free consultation.
