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  1. #16
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by IamOzzy View Post
    What is the difference between a "False statement" (Misdemeanor) and "Materially False Statement" (Felony)? Also, he only made one statement so how can face two charges?
    It is not unusual for a criminal act to incur multiple charges each having differing criminal elements. The DA can subsequently trim down the charges or use some as a 'bargain chip' during plea dealing. He can also go to trial with multiple charges giving the jury the ability to convict on 'lesser' charges.

    In the instant case of Ralph Faivre the charges were:

    18 § 4904 §§ A1

    § 4904. Unsworn falsification to authorities.
    (a) In general.--A person commits a misdemeanor of the
    second degree if, with intent to mislead a public servant in
    performing his official function, he:
    (1) makes any written false statement which he does not
    believe to be true;


    (2) submits or invites reliance on any writing which he
    knows to be forged, altered or otherwise lacking in
    authenticity; or

    (3) submits or invites reliance on any sample, specimen,
    map, boundary mark, or other object which he knows to be
    false.
    (b) Statements "under penalty".--A person commits a
    misdemeanor of the third degree if he makes a written false
    statement which he does not believe to be true, on or pursuant
    to a form bearing notice, authorized by law, to the effect that
    false statements made therein are punishable.


    and

    18 § 6111 §§ G4II

    (4) Any person, purchaser or transferee commits a felony of the third degree if, in connection with the purchase, delivery or transfer of a firearm under this chapter, he knowingly and intentionally:

    (i) makes any materially false oral statement;


    (ii) makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or


    (iii) willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.
    I'm unclear as to the application of 4904(a)(1) as opposed to 4904(b) since a 'public servant' was not involved.
    Last edited by tl_3237; November 1st, 2014 at 12:29 PM.
    IANAL

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