Weapons, Guns, Firearms Lying on Gun Application

[LittleOne56]

Jurisdiction

Pennsylvania

My fiance in November went to get a shotgun at Walmart and checked the 'no' box for having prior felonies, I was not with him but he claims he rushed through it and it was an accident. He has prior felonies, including weapons charges. They just called him yesterday and pressing charges for a felony offense of Sale or Transfer of firearms under 18 Pa.C.S. § 6111(g)(4)(ii) for "knowingly and intentionally" making a background check materially false written statement in connection with the purchase, delivery, or transfer of a firearm. Making a false statement includes completion of the gun application form. The other charge is a misdemeanor offense of Unsworn Falsification to Authorities and he had his arraignment today. His preliminary is going to be on March 15th. What can I expect? I am pretty sure it will go to trial, but will I get lucky and him not get jail time? They are 3rd degree felony and a misdemeanor.

This is being tried in Cumberland County with Judge Silcox and yes, he did retain an attorney but not sure what to expect or if this will get dismissed or get lesser charges, the attorney called to talk to the detective but he did not return her call yet, can anyone give me any indication of how much jail time he could get, if any? Thank you so much.

 

[army judge]

All felons KNOW their felony conviction DESQUALIFIES them from ever buying any kind of firearm.

I've never seen one of these cases where the felon got jail time upon conviction for trying to legally buy a firearm.

They all received at least 18 months in prison.

Anyway no need to guess what your guy will receive, you'll just have to wait to find out!

 

[mightymoose]

Arguing that he accidentally checked the wrong box is pointless. He will have to explain why he was filling out the form to purchase the shotgun in the first place.

Whether he serves any time or not, if convicted, depends a lot on other factors regarding his history.

 

[adjusterjack]

he claims he rushed through it and it was an accident.

Bull____.

He went into the store with the intent of making a prohibited purchase.

Him going to prison may be the best thing that could happen to you. It'll give you a much needed opportunity to review and adjust your standards in picking boyfriends.

Or is your self-esteem so low that you can't do any better than marry a criminal.