Lied on Form 4473 – Federal Charges

Lied on Form 4473 – Federal Charges

The federal crime happens the moment your pen leaves the paper. Not when you walk out with the gun. Not when the background check comes back denied. Not when ATF shows up at your door months later. The crime is complete the instant you sign a false statement on ATF Form 4473. Even if the sale is denied. Even if you change your mind and walk away. Even if nobody ever finds out. You’ve already committed a federal felony punishable by up to 10 years in prison and a $250,000 fine.

Welcome to Spodek Law Group. We created this page because Form 4473 cases are deceptive – the statistics suggest you’ll never be prosecuted, but when prosecutors decide to care about your case, they have everything they need to convict you. Your signature. Your handwriting. A form that explicitly warned you it’s a federal crime to lie. Most people who lie on Form 4473 will never face charges. But some will. And there’s almost nothing random about who gets targeted.

The question everyone asks is “what are my chances of getting caught?” That’s the wrong question. Out of 112,000 denied transactions in 2017, the federal government prosecuted exactly 12 people. One out of every 9,333 liars. But when they DO prosecute, they win. The conviction rate on these cases approaches certainty because the evidence is literally your own signed statement.

The Crime You Commit Before You Walk Out the Door

Heres what most people dont understand about Form 4473. The crime isnt completing the purchase. The crime isnt even getting approved when you shouldnt have been. The crime is making a false statement with intent to deceive – and that crime is complete the moment you finish filling out the form.

Under 18 U.S.C. § 922(a)(6), its illegal to make any false statement “in connection with” a firearms purchase thats material to the lawfulness of the sale. Courts have interpreted this broadly. Your name. Your address. Your date of birth. Your answers to the prohibited person questions. Any false statement on any of those questions is a federal felony.

And heres the part that surprises people. You can be prosecuted for lying on Form 4473 even if the sale was denied. The denial dosent save you. You lied. You submitted a false statement to a Federal Firearms Licensee. The statute dosent require that you successfully obtained a gun – it just requires that you made a false statement in connection with the purchase attempt.

Think about what that means. You walk into a gun store. You fill out the form. You lie about your felony conviction. The background check flags you. The dealer tells you sorry, your denied. You leave empty-handed.

Guess what? Youve still committed a federal felony. The lie was the crime. The denial just means you didnt get away with it. And that denial goes into a database that ATF can access whenever they want.

The Numbers That Don’t Make Sense

OK so heres were Form 4473 law gets genuinely confusing. The government says lying on this form is a serious federal crime – up to 10 years imprisonment, $250,000 fine. The form itself warns you in bold text that false statements are punishable as a felony. You sign acknowledging these warnings.

But then almost nobody gets prosecuted.

In fiscal year 2017, there were approximately 112,000 denied firearms transactions where the buyer provided false information. ATF referred about 12,700 of those cases to field divisions for investigation. U.S. Attorneys Offices prosecuted 12 of them. Twelve. Out of 112,000.

By 2019, the numbers hadnt improved much. Federal prosecutors recieved 478 referrals for lying on Form 4473 and filed 298 cases – out of approximately 27 million background checks that year.

If you lie on Form 4473, your odds of federal prosecution are statistically microscopic – less than one hundredth of one percent.

So why does the government even bother having a 10-year penalty for a crime they almost never prosecute? And why would YOU ever face charges when thousands of others dont? Those are the real questions.

Why Most Liars Never Get Charged

The Executive Office for United States Attorneys has been remarkably honest about why they dont prosecute these cases. According to official statements, Form 4473 prosecutions “can require significant effort and may offer little value to public safety compared to other cases involving gun violence.”

Translation: its alot of work to prove someone intentionally lied (as opposed to made a mistake), and convicting them dosent stop violent crime. Prosecutors would rather spend there resources on people who actually committed violence with guns.

Officials have also said these cases “lack jury appeal.” Juries are sympathetic to defendants who say they didnt understand the questions, didnt know about an old conviction, or made an honest mistake. Without evidence of clear intent to deceive, convictions can be difficult even when the false statement is obvious.

So what DOES trigger prosecution? ATF field divisions and U.S. Attorneys Offices have been clear: they prosecute when “aggravating circumstances exist.” That means:

• Your a violent felon. If your prior conviction was for a serious violent crime and you tried to buy a gun, prosecutors care.
• You have multiple serious offenses. Pattern behavior gets attention.
• Theres a connection to another crime. If your Form 4473 lie is discovered during investigation of something else – drug trafficking, domestic violence, robbery – prosecutors will add it to the charges.
• Your case is high-profile. Political considerations matter. When charging you makes a statement or sends a message, prosecutorial priorities shift.
• Enhanced charges available. If your Form 4473 lie can be combined with other charges to increase your total exposure, prosecutors are more likely to pursue it.

The disturbing truth is that prosecution has almost nothing to do with weather you lied. Everyone who gets denied lied. What matters is weather the government has a reason to care about YOUR lie specifically.

The Questions That Destroy People

Form 4473 asks a series of questions designed to determine if your prohibited from possessing firearms. Most people who lie do so on one of these questions.

Question about felony convictions. This is the most common lie. People think there old conviction was expunged. They think it was “just a misdemeanor.” They think enough time has passed. They think state law restored there rights. None of that matters if the conviction was punishable by more than one year imprisonment under federal law.

Question about drug use. Heres the trap that catches people who think there being clever. The question asks if your an “unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” Marijuana is specificly listed. And marijuana remains a Schedule I controlled substance under federal law.

It dosent matter that your state legalized it. It dosent matter that you have a medical card. It dosent matter that your use is “occasional.” If you use marijuana and you answer “no” to that question, youve committed a federal felony. Millions of Americans have done exactly this. Most will never face consequences. Some will.

Question about mental health. This one trips up people who dont understand the specific wording. The question asks if youve been “adjudicated as a mental defective” or “committed to a mental institution.” Voluntary outpatient treatment dosent count. But involuntary commitment – even briefly – does.

Question about domestic violence. Both felony and misdemeanor domestic violence convictions make you prohibited. People often forget about old cases, especially if they pled to something that had a different name on the state level.

Question about restraining orders. Certain qualifying restraining orders make you prohibited. People dont realize this until there already denied.

The actual buyer question. This is the straw purchase question – “are you the actual transferee/buyer?” If your buying for someone else who gave you the money, the answer is no, even if that person could legally buy the gun themselves.

What Triggers Prosecution – The Aggravating Factors

If your sitting here thinking “probly wont happen to me,” your probly right. Statisticaly. But heres who DOES get prosecuted.

Violent criminal history. If your denied because of a serious violent felony – assault, robbery, weapons offenses – prosecutors pay attention. The combination of violence plus attempted gun acquisition triggers concern.

Multiple attempts. If you lied on one Form 4473 and got denied, then tried again at another store, the pattern looks like intent to arm yourself despite the prohibition. That gets prosecuted.

Connection to ongoing investigation. This is huge. Prosecutors often discover Form 4473 lies while investigating something else entirely. Your under investigation for drug trafficking. They subpoena records. They find your denied gun application. Now they add federal gun charges to whatever else there building.

High-profile defendant. Todd Spodek will tell you that who you are matters in prosecution decisions. When your case would generate media attention – positive or negative for the government – that changes the calculation. Prosecutors become more willing to pursue charges when theres public interest in the outcome.

Enhanced charges available. If your Form 4473 lie can be combined with other charges to increase your total exposure, prosecutors are more likely to pursue it. Stacking charges is standard federal practice.

The pattern is clear. The government dosent prosecute Form 4473 lies because lying is wrong. They prosecute when theres a strategic reason to use the lie against you. The form becomes a weapon, not for public safety, but for prosecutorial leverage.

Hunter Biden – When They Decide to Care

In June 2024, a federal jury convicted Hunter Biden on three felony charges related to lying on Form 4473. The charges stemmed from his October 2018 purchase of a Colt Cobra revolver. He answered “no” when asked if he was an unlawful user of or addicted to controlled substances. He was, at the time, addicted to crack cocaine.

The prosecution introduced devastating evidence. Text messages. Testimony from his ex-wife. Testimony from a former girlfriend. Evidence of crack use during the exact period when he bought and possessed the gun. He was convicted on all three counts and faces up to 25 years in prison – though first-time offenders rarely recieve anywhere near the maximum.

Heres the thing about Hunter Biden’s case. It proves that when the government wants to prosecute Form 4473 lies, they can do it effectively. They have the tools. They have the evidence (your signed statement plus whatever else they can find). They have the legal framework.

The question is always weather they WANT to. In Hunter Bidens case, political pressures created unique circumstances. The Special Counsel needed to demonstrate that the Presidents son wasnt above the law. That created prosecution where statistics would suggest it normaly wouldnt happen.

Does that mean the prosecution was unfair? Not necessarily. He did lie. He did possess a gun while addicted to drugs. Those are crimes. But thousands of people commit the same crimes and never face charges. Spodek Law Group sees this constantly. Selective prosecution is the norm, not the exception.

The Form 4473 as a Weapon Against You Later

Even if your never prosecuted for the Form 4473 lie itself, that lie creates permanent vulnerabilities. The form dosent dissapear. The FFL keeps it for at least 20 years. When dealers go out of business, those records go to ATF. Your lie is documented forever.

Heres how it becomes a weapon later. Your under investigation for something completely unrelated – tax fraud, drug distribution, whatever. Prosecutors are building a case. They subpoena records. They discover you purchased a firearm years ago. They pull the Form 4473. They see you answered “no” to a question you should have answered “yes” to.

Now they have an additional federal charge to add to whatever else there bringing. Its an easy conviction – your signature is on the form. And it adds years to your potential sentence. Federal gun charges stack with other offenses and make plea negotiations much more difficult.

This happens constantly. Prosecutors call it “paper charges” – charges that come from documents rather then witness testimony. Form 4473 lies are perfect paper charges. Impossible to dispute. Easy to prove. Devastating at sentencing.

The lie you told five years ago becomes leverage against you today. And theres no statute of limitations cleanup – federal gun crimes have a five-year statute of limitations, but it dosent start running until the offense is discovered. Prosecutors can argue they didnt “discover” your lie until the current investigation.

The Marijuana Question – A Trap Hiding in Plain Sight

This deserves its own section because its catching more people then any other question on the form. Marijuana use.

The question reads: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” The warning underneath says: “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

That warning is right there on the form. Most people either dont read it or dont beleive it applies to them. But it does.

If you use marijuana – recreationally, medicinaly, occasionally, regularly – and you answer “no” to that question, youve committed a federal felony. It dosent matter that your state has legalized it. It dosent matter that you have a prescription. It dosent matter that the dispensary is licensed and pays taxes. Federal law still classifies marijuana as a Schedule I controlled substance. And federal law governs Form 4473.

Millions of Americans are in this situation right now. They live in legal states. They use marijuana products. They own firearms. They answered “no” on the form. Technically, they’ve all committed the same federal crime Hunter Biden was convicted of.

The enforcement is selective – almost nobody gets prosecuted for this specifically. But the crime exists. The evidence exists (your signed form plus any evidence of marijuana use that could surface later). And if prosecutors ever have a reason to come after you for something else, that Form 4473 lie becomes an easy additional charge.

At Spodek Law Group, weve seen clients genuinely shocked to learn that there legal, regulated, taxed marijuana use makes them federal criminals every time they touch a firearm. The federal government hasnt reconciled gun laws with state marijuana legalization. Until they do, the trap remains.

The Honest Mistake Defense – Does It Work?

People ask whether they can claim the lie was an honest mistake. “I didnt know about that old conviction.” “I thought expungement cleared my record.” “I misunderstood the question.”

Heres the reality. The honest mistake defense exists in theory but rarely works in practice.

The statute requires that the false statement be made “knowingly” – meaning you knew what you were writing was false. If you genuinely, honestly beleived your statement was true, thats a defense. But prosecutors dont have to take your word for it. They get to present evidence about what you knew.

Did you go through a criminal trial? Then you knew you had a conviction. Did you read the warning about marijuana? Then you knew federal law still prohibits it. Did you sign the certification that says you understand the questions? Then you cant claim confusion.

The form itself is designed to eliminate mistake defenses. Every question has explanatory text. The certification requires you to confirm you “understand” the questions. Your signature acknowledges that false statements are federal crimes.

Prosecutors argue that anyone who signs Form 4473 has acknowledged understanding the questions and the consequences of lying. That signature undermines almost any mistake defense you could raise.

Where mistake defenses occasionally work is in genuinely ambiguous situations. Maybe your conviction was in a state that uses different terminology. Maybe the question about mental health commitment dosent clearly cover your specific situation. Maybe theres a legitimate legal dispute about whether your prior offense qualifies as a prohibiting conviction.

But “I forgot” or “I didnt think it counted” almost never works. Courts assume that people who went through the criminal justice system remember it.

What To Do If You’ve Already Lied

If youve already submitted a Form 4473 with false information, heres the reality. You cant undo it. You cant go back and correct it. The crime is complete. What you CAN do is understand your exposure and plan accordingly.

First, dont compound the problem. If you lied once and got denied, do NOT try again at a different store. Multiple attempts dramatically increase prosecution risk. One denied transaction might be ignored. A pattern of attempts looks like intentional effort to arm yourself illegally.

Second, understand that your primary risk isnt standalone prosecution for the Form 4473 lie. Your risk is that the lie gets discovered during some other investigation and used against you. If your involved in any activity that might attract federal attention, that old Form 4473 is a ticking bomb.

Third, if federal agents contact you about firearms purchases – past or present – stop talking immediatly. Dont explain. Dont clarify. Dont try to help them understand what happened. Anything you say becomes evidence, and agents are trained to elicit incriminating statements.

Call Spodek Law Group at 212-300-5196 before you answer any questions. We handle federal firearms cases and understand how prosecutors build them. The consultation is confidential.

Your situation might not be as bad as you fear. Statistically, prosecution is unlikely. But that dosent mean you should talk to federal agents without an attorney. The government has your signed statement. Dont give them anything else.

Call us at 212-300-5196. Let us evaluate your actual exposure before you make decisions that could make things worse.