Philadelphia Pennsylvania Jury Instruction - False Statement To Firearms Dealer

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Multi-State
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Philadelphia
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US-11CRO-30-3
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Philadelphia Pennsylvania Jury Instruction — False Statement to Firearms Dealer In Philadelphia, Pennsylvania, false statements made to firearms dealers are taken extremely seriously. This jury instruction pertains to cases where individuals are accused of knowingly providing false information while purchasing firearms from licensed dealers within the city limits of Philadelphia. Such false statements are considered illegal and subjected to prosecution under Pennsylvania state laws. Types of Philadelphia Pennsylvania Jury Instruction — False Statement to Firearms Dealer: 1. Genuine Intent Element: This type of jury instruction focuses on establishing the accused individual's intentions and state of mind at the time of making false statements to a firearms' dealer. The instruction outlines that the prosecution must prove beyond a reasonable doubt that the accused intentionally and knowingly provided false information, with the intention to deceive the dealer. 2. Materiality Element: This jury instruction emphasizes the significance of the false statement and its impact on the lawful acquisition of firearms. To establish guilt, the prosecution must demonstrate that the false statement was material, meaning that it had the potential to influence the firearms' dealer's decision to proceed with the sale or transfer of the firearm. 3. Prohibited Person Structure: This type of jury instruction addresses cases where the accused falsely claims or represents themselves as someone who is not prohibited from purchasing or possessing firearms. The prosecution must prove that the accused made such false statements, while knowing they were prohibited by law from possessing a firearm, thus circumventing the lawful firearms' acquisition process. 4. Prior Conviction Element: This instruction focuses on cases where the accused individual has previously been convicted of certain crimes that legally prohibit them from purchasing or possessing firearms. The jury is informed that if the prosecution establishes the existence of a prior conviction and the accused makes false statements regarding their eligibility, they may be found guilty under this instruction. 5. Use of Fraudulent Identification: This type of instruction highlights cases where the accused uses fraudulent identification documents, such as falsified identification cards or driver's licenses, to deceive firearms dealers during the purchase process. The jury is instructed to consider the accused's deliberate use of counterfeit identification as crucial evidence of guilt. Philadelphia Pennsylvania Jury Instruction — False Statement to Firearms Dealer aims to ensure that individuals cannot unlawfully obtain firearms by deceitfully providing false information. It is intended to safeguard the community and firearms market by holding accountable those who attempt to bypass background checks or other legal requirements related to the purchase or possession of firearms.

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FAQ

C.S. § 6109, a person is ineligible for a License to Carry Firearms if they're an individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

Falsifying information on a Pennsylvania gun permit application is a felony. A felony is a very serious charge that carries the potential for high fines, probation, and the potential for a prison sentence.

Errors on the 4473 can lead to real problems, including an inability to properly complete a background check, or simply to put your records out of compliance and make your next ATF audit a nightmare.

Here are the other restrictions on the ownership of a gun in PA: You are under 18 years old. Officially labeled a drunkard and/or a drug addict. Declared mentally ill by a court. Undocumented immigrant. Fugitive from justice. Convicted of three different DUI charges within a five year period. Subject to a restraining order.

A person may not possess a firearm in Pennsylvania if they: Have been convicted of certain criminal offenses or adjudicated delinquent for acts that would be certain criminal offenses if committed by an adult. Are a fugitive from justice.

Lying on Form 4473 is a felony punishable by up to ten year's imprisonment. For being a user of unlawful drugs in possession of a firearm, the punishment is up to five years in prison.

They go through state and federal background checks, and are rejected if they've had a mental health commitment, domestic violence history, protection from abuse order implicating firearms, conviction for robbery or violent or drug-related crimes, dishonorable military discharge, or three DUI's within five years.

State law generally provides PSP up to 10 days to complete this background check,6 and also authorizes PSP to issue a longer temporary delay in certain cases when additional time is needed to investigate whether a person has been convicted of a domestic violence misdemeanor that disqualifies the person from firearm

Williams says the process can take up to 45 days, depending on when the office hears back from State Police. Typically, he says, they hear back in one to two days. As far as getting your physical permit card with your photo, that is a quick process.

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Philadelphia Pennsylvania Jury Instruction - False Statement To Firearms Dealer