Man arrested for lying on the form when purchasing firearm

[tommy610]

The link:
http://www.dailylocal.com/articles/2...0008877499.txt

The story:

EAST CALN Police have charged a man with providing false information for firearm ownership and related offenses on July 15.

Shawn P. DeFiore, 31, of Parkesburg, attempted to purchase a firearm at Dick's Sporting Goods in the Brandywine Square Shopping Center, according to police.

While doing so, police allege DeFiore supplied false information when completing an ATF form for firearm ownership.

DeFiore was also charged with providing unsworn falsifications to authorities.

[daschnoz]

This is bad news (if you're an anti). It proves that the background check system actually works. Coupled with the fact that law enforcement is following through and arresting this guy; this is good. Now, if every story that begins like this one also ends like this one (with an arrest), we would be in good shape.

My fear is that the DA will allow this dude to plea down the charge to something like "improper use of a writing implement"....

[anonymouse]

I think this actually happens more than people realize.

http://www.pottsmerc.com/articles/20...0008082838.txt

Firearm charges

SKIPPACK — State police arrested Joseph Daniel Dolan on sale or transfer of firearms charges after he attempted to purchase a shotgun and was denied.

State police said that they were notified last month that Dolan, 75, of New Britain, attempted to purchase a shotgun on March 13.

The investigation into the matter determined that Dolan went to the American Arms and Ammunition, Bethlehem Pike, in Hatfield on March 13 and filled out the required paperwork to purchase a Mossberg 12-gauge shotgun. Dolan answered one of the questions fraudulently in order to attempt to purchase the firearm, state police said.

The Pennsylvania Instant Check System caught the fraud attempt and denied the purchase.

Dolan was charged with sale or transfer of firearms and unsworn falsification to authorities.

On April 14, Dolan was arraigned before District Judge Albert J. Augustine, Schwenksville. Dolan's bail was set at $5,000 unsecured bail and he paid and was released.

http://www.pottsmerc.com/articles/20...0007946859.txt

Firearms charges

SKIPPACK — State police arrested Matthew Manning on Tuesday on sale or transfer of firearms charges after he attempted to purchase a rifle and was denied.

State police said that they were notified last month that Manning, 35, of Claymont, Del., attempted to purchase a rifle around 10:45 a.m. March 15. The investigation into the matter determined that Manning went to the Valley Forge Convention center and filled out the required paperwork to purchase a Russian rifle. Manning answered one of the questions fraudulently in order to attempt to purchase the firearm, state police said.

The Pennsylvania Instant Check System caught the fraud attempt and denied the purchase.

http://www.pottsmerc.com/articles/20...s/19818727.txt

Pottstown man arrested on gun purchase charges

EAST PIKELAND - Police arrested a Pottstown man Monday after he allegedly attempted to purchase a firearm twice, in March and April, despite his having been prohibited from owning or possessing firearms.

Robert James Harding, 43, of the first block of South Franklin Street, was charged with two counts of sale or transfer of firearms; and unsworn falsification to authorities.

According to court documents, Officer Rick Fagley Sr. said he received a report from the Pennsylvania State Police on Monday, May 18, regarding Harding.

The report, according to Fagley, indicated that Harding did attempt to purchase a firearm on March 9, and again on April 10, at French Creek Outfitters, 270 Schuylkill Road.

The report also states that Harding provided false written statements to authorities, and is prohibited from owning or possessing firearms.

Fagley said he conducted an investigation and determined that around March 9, 2008, Harding attempted to purchase a Ruger model P89, nine millimeter semi-automatic handgun from French Creek Outfitters, 270 Schuylkill Road.

Fagley said he received documentation of a photocopied Pennsylvania drivers license belonging to Harding, and conducted an interview with a gun salesman from French Creek Outfitters.

Harding filled out a Federal Firearms Transaction Record Part I - Over The Counter form at French Creek Outfitters. A question on the form asks, "Have you ever been adjudicated mentally defective (which having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?" to which Harding answered, "No."

Fagley said that on April 10, 2008, Harding attempted to purchase a Keltec, model P-11, 9-millimeter semi-automatic handgun, from French Creek Outfitters.

Harding filled out another Federal Firearms Transaction Record Part I - Over The Counter form at French Creek Outfitters. A question on the form asks, "Have you ever been adjudicated mentally defective (which having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?" to which Harding answered, "No."

Fagley said Harding completed both forms, which identifies him as Robert J. Harding, from the (1st block of) South Franklin Street.

"Harding's date of birth is July 17, 1964, and other personal identifiers matched the confidential medical records that were provided by the Montgomery County 302 court records for an involuntary commitment," Fagley said.

Harding was arraigned Monday before District Judge Ted Michaels. He was remanded to Chester County Prison after Michaels set his bail at 10 percent of $15,000 cash bail.

Who knows if they'll actually be convicted though.

[ImminentDanger]

I think this actually happens more than people realize.

(A)
http://www.pottsmerc.com/articles/20...0008082838.txt

(B)
http://www.pottsmerc.com/articles/20...0007946859.txt

(C)
http://www.pottsmerc.com/articles/20...s/19818727.txt

Who knows if they'll actually be convicted though.

The status of these three events are as follows:

Charge...........Grade....Description............. ..........................Disposition
(A)
18 § 6111 §§ G4II.F3......SALE/TRANSFER FIREARM: FALSE WRITTEN STATEMENT......Dismissed
18 § 4904 §§ B....M3......WRITTEN FALSE STATEMENTS MADE "UNDER PENALTY".......Held for Court
(B)
18 § 6111 §§ G4II.........SALE/TRANSFER FIREARM: FALSE WRITTEN STATEMENT......Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Withdrawn
18 § 4904 §§ B....M3......WRITTEN FALSE STATEMENTS MADE "UNDER PENALTY".......Held for Court
(C)
18 § 6111 §§ G4...F3......FIREARM OWNERSHIP-PROVIDING FALSE INFO..............Held for Court
18 § 6111 §§ G4...F3......FIREARM OWNERSHIP-PROVIDING FALSE INFO..............Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Held for Court

...

[anonymouse]

The status of these three events are as follows:

Charge...........Grade....Description............. ..........................Disposition
(A)
18 § 6111 §§ G4II.F3......SALE/TRANSFER FIREARM: FALSE WRITTEN STATEMENT......Dismissed
18 § 4904 §§ B....M3......WRITTEN FALSE STATEMENTS MADE "UNDER PENALTY".......Held for Court
(B)
18 § 6111 §§ G4II.........SALE/TRANSFER FIREARM: FALSE WRITTEN STATEMENT......Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Withdrawn
18 § 4904 §§ B....M3......WRITTEN FALSE STATEMENTS MADE "UNDER PENALTY".......Held for Court
(C)
18 § 6111 §§ G4...F3......FIREARM OWNERSHIP-PROVIDING FALSE INFO..............Held for Court
18 § 6111 §§ G4...F3......FIREARM OWNERSHIP-PROVIDING FALSE INFO..............Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Held for Court
18 § 4904 §§ A1...M2......UNSWORN FALSIFICATION: WRITTEN FALSE STATEMENT......Held for Court

...

(C) was from 2008. It looks like he got ARD.

http://ujsportal.pacourts.us/DocketS...R-0002383-2008

[Brick]

Help me out on this a bit please.

Supplying false information or false identification on a Form 4473 is a FEDERAL offense, perjury IIRC and worth 5 years in federal stir. So why aren't these handled as a Federal matter?

[gnbrotz]

Help me out on this a bit please.

Supplying false information or false identification on a Form 4473 is a FEDERAL offense, perjury IIRC and worth 5 years in federal stir. So why aren't these handled as a Federal matter?

Because the PSP can't levy federal charges, and they're either to lazy to involve the feds, or the feds aren't interested in prosecuting?*

*Just a guess.

[Brick]

I appreciate your guess. And I admit my question was somewhat satirical.

But, we all know that in certain instances, with special training for state level DAs federal charges can be brought against lawbreakers. Wasn't that the basis for state/federal partnerships under Project Exile years ago? Those who violated GCA '68 would be arrested and tried by state authorities then do the time in federal stir.

Or is ignoring the enforcement of law now vogue?

[gnbrotz]

Or is ignoring the enforcement of law now vogue?

Let's see...

*Sheriff's imposing their own requirements for LTCFs
*Sheriff's charging whatever they want for LTCFs
*Federal non-enforcement of drug laws for medical marijuana
*Federal non-enforcement of immigration laws
*Local municipalities enacting measures to regulate firearms
*Local municipalities refusing to rescind illegal measure, even after acknowledging they are illegal


Sure seems like a growing trend to me. Everybody's doing it!

[wa3ra]

Two attempts in two months...that guy must be mentally defective or something....