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Federal- False Statement to a Firearm Dealer

Statute
18 USC 922(a)(6). Unlawful Acts

(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant acquired or attempted to acquire a firearm from a Federally licensed firearms dealer, as charged;
  2. That in so doing the Defendant knowingly made a false or fictitious statement, orally or in writing or knowingly furnished or exhibited a false or fictitious identification, intended to deceive or likely to deceive such dealer; and
  3. That the subject matter of the false statement or identification was material to the lawlessness of the sale

The term “firearm: means any weapon which is designed to, or may readily be converted to, expel a projectile by the action of an explosive; and the term includes the frame or receiver of any such weapon, or any firearm muffler or firearm silencer.

A statement or identification is “false or fictitious” is it was untrue when made or used and was then known to be untrue by the person making it or using it.

A false statement or identification is “likely to deceive” if the nature of the statement or identification , considering all the surrounding circumstances at the time, would probably mislead or deceive a reasonable person of ordinary prudence.

The “materiality” of the alleged false statement or identification is not a matter which you are concerned, but rather is a question for the Court to decide. You are instructed that the alleged false statement or identification described in the indictment, if proved, did relate to a material fact.