Federal False Statements on ATF Forms Under 18 USC 922: What You Need to Know Before Its Too Late

Welcome to Spodek Law Group. If you're reading this, chances are you filled out an ATF Form 4473 and now you're worried. Maybe you answered a question wrong. Maybe you didn't realize what you were signing. Or maybe federal agents just showed up at your door asking questions about a gun purchase from years ago. Whatever brought you here, you need to understand something right now: that form you signed is sitting in a file like a loaded weapon, pointed at you, safety off, waiting for prosecutors to decide when to pull the trigger.

That sounds dramatic. It's not. The federal government treats false statements on firearms transaction records as serious felonies under 18 U.S.C. § 922(a)(6). We're talking up to 10 years in federal prison and fines reaching $250,000. And here's what most people don't understand: the crime is complete the moment you sign that form. The purchase doesn't have to go through. You don't have to walk out with a gun. You lie on the paper, you sign your name, and you've committed a federal felony. Period.

Todd Spodek and our team have defended clients facing exactly these charges. We've seen how prosecutors use these cases, and more importantly, we've seen how to fight them. But first you need to understand what you're actually up against.

What the Law Actually Says

OK so lets break down whats happening here. Under 18 USC 922(a)(6), it is a federal crime to knowingly make any false or fictitious statement intended to deceive a licensed firearms dealer about any fact thats material to the lawfulness of the sale. Theres alot packed into that sentence, so lets unpack it piece by piece.

First, the word "knowingly." This isnt about honest mistakes. The government has to prove you knew what you were writing was false when you wrote it. If you genuinly believed the information was accurate based on what you understood at the time, that matters. It matters alot.

Second, "material to the lawfulness." Not every lie counts. The false statement has to be the kind of lie that could have affected wether the sale should have happened. If you put the wrong middle initial, that probly wont trigger prosecution. But if you checked "no" on the felony question when you had a disqualifying conviction? Thats exactly what the statute is designed to catch.

The penalties under 18 U.S.C. § 924 are severe. Were talking up to 10 years in federal prison. And if your case involves aggravating factors like being connected to drug trafficking or violent crime, the sentencing guidelines push even higher.

The Questions That Trap People

Heres the thing most people dont realize until its too late. The Form 4473 isnt just paperwork. The form is a confession booth with 21 yes-or-no questions designed to catch prohibited persons trying to buy firearms. And some of those questions are absolutly designed to trip people up.

The marijuana question is a federal trap waiting to spring. Question 21.e asks if you are an unlawful user of marijuana or any other controlled substance. Note that word "unlawful." Under federal law, marijuana remains a Schedule I controlled substance. It dosent matter if you live in Colorado or California where recreational use is completly legal under state law. It dosent matter if you have a medical marijuana card. If you use marijuana in any form and you check "no" on that question, you have just committed a federal felony. Millions of Americans are walking around having unknowingly done exactly this.

The felony conviction question catches people who dont understand federal thresholds. Question 21.b asks about felony convictions. But what counts as a "felony" for purposes of federal firearms law isnt always what you think. The test is wether the offense is punishable by imprisonment for more than one year. State misdemeanors that carry potential sentences over 12 months can count as disqualifying offenses. People plead to charges all the time without understanding they've just lost their gun rights permanantly.

Mental health commitments, domestic violence restraining orders, being under indictment for serious crimes - each of these questions has caught people who didnt fully understand what they were answering. And every wrong answer is a seperate potential federal charge.

Why They Almost Never Prosecute (And Why That Should Terrify You)

This is were it gets realy interesting. And honestly, kind of terrifying when you understand whats actualy happening.

In fiscal year 2017, there were aproximately 112,000 firearms purchase denials where the buyer provided false information on their Form 4473. The ATF referred about 12,700 of those cases to field divisions for investigation. The number of cases that U.S. Attorneys Offices eventualy prosecuted? Twelve. Not twelve hundred. Not twelve thousand. Twelve cases out of 112,000.

Let that sink in for a minute.

Most people hear that statistic and think "great, they do not care about these cases, I'm probly fine." That is exactly the wrong conclusion. They're not ignoring the lies. They're filing them away until you give them a reason to use them. Your 4473 sits in that gun dealer's records, and those records are subject to ATF inspection. The information you provided is cross-referenced against criminal databases. The false statement you made is documented, dated, and signed in your own handwriting.

Think about it this way. Why would prosecutors waste resources on a standalone false statement case when they could wait for you to do something else, something bigger, and then stack the 4473 charge on top of whatever else they want to charge you with? That form becomes leverage. It becomes a guarenteed conviction they can use to pressure plea deals. It becomes the backup plan when other charges might be harder to prove.

When They DO Come After You

So who makes that short list of prosecuted cases? The GAO report on firearms prosecution tells us prosecutors prioritize cases with aggravating circumstances. This means violent felony histories, multiple purchase attempts, connections to ongoing federal investigations, and high-profile defendants where prosecution serves a deterrence message.

Look at Hunter Biden. Whatever you think about the politics of that case, the legal lesson is undeniable. He checked "no" on Question 21.e regarding unlawful drug use while purchacing a Colt Cobra revolver in October 2018. He was, at the time, addicted to crack cocaine. That form sat in a file for years. When federal prosecutors decided to pursue charges, his own signature became exhibit A in what ultimately was a federal conviction on three felony counts.

ATF officials and federal prosecutors have said openly that these cases require significant resources and may offer limited public safety value compared to cases involving actual gun violence. But that is exactly the point. When they do decide to prosecute, that means something about your situation made you worth the effort. And by then, the documentary evidence is already locked in. Your signature on that form. Your answers in your own handwriting. The date stamped right there for the jury to see.

Straw Purchases: The 25-Year Trap

A related charge carries even more devastating penaltys, and most people fail to realize how much the law changed recently.

A straw purchase happens when someone who can legally buy a firearm purchases it on behalf of someone who cant. Under the Bipartisan Safer Communities Act passed in 2022, straw purchases are now explicitly criminalized under 18 USC 932 with penaltys up to 15 years in federal prison. If the illegally purchased firearm is later used in a felony, act of terrorism, or drug trafficking crime, that sentence can increase to 25 years.

Buy a gun for the wrong person and your looking at 25 years. Thats not a typo. That is your life.

The Form 4473 asks directly in Question 21.a if your the actual transferee/buyer of the firearm. The form itself warns in bold text that you are not the actual buyer if you are acquiring the gun for someone else. People still lie on this question constantly, sometimes for family members, sometimes for friends, sometimes for money. The sentencing outcomes we're seeing now reflect the enhanced sentences: one Portsmouth man received 17 years for straw purchasing firearms as an armed career criminal. Others have received sentences ranging from probation to multiple years behind bars.

Defenses That Actually Work

If your facing these charges, you need to understand what defenses are truly viable. Not every strategy works, but the right defense can make the difference between conviction and acquittal, or at minimum can dramatically affect sentancing outcomes.

The knowledge requirement is your lifeline. The statute requires proof that you "knowingly" made a false statement. If you genuinly believed the information was accurate based on your understanding at the time, you may have a defense. Ambiguous questions, confusing legal standards, outdated information about your own record - these all create reasonable doubt about intent.

The materiality requirement is another critical defense angle that many lawyers overlook. The word "material" in 18 USC 922(a)(6) means the false statement has to be the kind that could have affected if the sale was lawful. Prosecutors must prove materiality. If your misstatement couldnt have influenced the transaction, you may have grounds to fight the charge.

Identity theft and procedural violations can also form the basis of defense strategies. If someone else used your information fraudulently, or if there were significant problems with how the investigation was conducted or charges were brought, these issues need to be examined carefully.

But heres the uncomfortable truth you need to face. Your defense is "I didnt know." Their proof is your signature. Guess which one the jury sees first. They're going to hold up that form with your answers and your signature and the date, and your attorney needs to be able to explain why what looks like a lie wasnt technicaly a lie, or wasnt the kind of lie that counts under federal law.

What Happens After Conviction

Lets talk about consequences, because they extend far beyond the prison sentence.

A conviction under 18 USC 922(a)(6) is a federal felony. That means permanent loss of the right to possess firearms under federal law. It means lifetime consequences for employment, particularly in fields requiring security clearances or positions of trust. It means potential immigration consequences for non-citizens, up to and including deportation. It means housing difficulties, professional licensing problems, and the social stigma that follows any felony conviction.

Something surprises many people about this: even if you beat the underlying charge, the false statement conviction can stand on its own. Get acquitted of whatever crime prompted the investigation, and they can still nail you for lying about it on the form. The 4473 violation is a seperate offense. The violation is not dependent on if you were realy a prohibited person. The crime is the lie itself.

Sentancing outcomes vary dramatically based on criminal history and prosecutorial discretion. The same offense can result in two years probation for a first-time offender or seventeen years in prison for someone with prior felonies. The federal sentencing guidelines are complex, and the difference between guideline ranges can mean decades of your life.

How Spodek Law Group Fights These Cases

At Spodek Law Group, we understand that federal firearms charges are some of the most serious cases a person can face. The stakes are enormous. The evidence is often documentary. And prosecutors have significant advantages when they can point to your own signed statements.

Our approach starts with a exhaustive examination of the governments case. We look at every element they need to prove. We examine if the knowledge requirement is actualy satisfied by the evidence. We analyze materiality. We look for procedural issues in how the investigation was conducted. We examine the Form 4473 itself and the circumstances under which you completed it.

We also understand that these cases often involve related charges or investigations. False statement charges frequently come bundled with other federal offenses, and the interaction between charges affects strategy at every level. Plea negotiations require understanding the full picture. Trial strategy requires understanding which charges are strongest and which have vulnerabilities.

If your facing federal charges related to ATF Form 4473 false statements, straw purchases, or any firearms offense under 18 USC 922, you need experienced federal defense counsel. Contact Spodek Law Group today at 212-300-5196 for a confidential consultation. The form you signed years ago may be sitting in a file right now, waiting. Dont wait for them to decide to use it. Get ahead of this situation while you still can.