Purchasing a firearm in Florida requires completing a background check and submitting accurate information on official forms. However, knowingly providing false information on a gun application is a serious criminal offense that can result in felony charges, heavy fines, and imprisonment. Florida law takes a firm stance against falsified gun applications, and both state and federal authorities prosecute these cases aggressively.
If you are accused of providing false or fraudulent information on a firearm purchase application, you need immediate legal representation to protect your rights. The experienced criminal defense lawyers at Metcalf Falls, Criminal Defense Attorneys, P.A. can help you fight these charges, build a strong defense, and work toward the best possible outcome in your case.
What Are Florida’s Laws on False Information in Firearm Applications?
Under Florida Statute 790.065(12)(a), it is a third-degree felony to “willfully and knowingly” provide false information or fraudulent identification when attempting to purchase a firearm.
This law applies when a person provides inaccurate details on the required firearm purchase form, which includes:
- ATF Form 4473 – A federal document that requires truthful answers regarding criminal history, mental health status, and other disqualifying factors.
- State-Mandated Background Check Forms – These forms verify whether an individual is legally allowed to own a firearm under Florida and federal law.
What Counts as False Information on a Gun Application?
Common examples of false information that can lead to felony charges include:
- Using fake or altered identification to buy a firearm.
- Lying about a prior felony conviction.
- Failing to disclose a domestic violence restraining order.
- Providing false information about mental health commitments.
- Omitting prior drug-related offenses or illegal drug use.
- Attempting to purchase a firearm on behalf of another person (straw purchase).
Even if the firearm transaction does not go through, providing false information alone is a crime and can result in prosecution.
What Are the Penalties for Providing False Information on a Firearm Purchase Application
In Florida, submitting false information on a gun application is a third-degree felony, which carries severe penalties:
- Up to five years in prison
- Up to five years of probation
- Fines up to $5,000
- Permanent criminal record
Can I Get In Federal Trouble for False Statements on a Gun Application?
In addition to state charges, individuals may also face federal prosecution under 18 U.S.C. § 922(a)(6), which prohibits knowingly making a false statement to a firearms dealer. Federal penalties may include:
- Up to 10 years in federal prison
- Substantial fines
- Lifetime firearm possession ban
A conviction under federal law can have devastating consequences, particularly for individuals in professions that require security clearances, law enforcement officers, and military personnel.
How Do I Defend Against False Information Charges on a Gun Application?
At Metcalf Falls, Criminal Defense Attorneys, P.A., we aggressively defend individuals charged with firearm-related offenses. There are several potential defenses that may apply to your case:
1. Lack of Intent
To be convicted under Florida Statute 790.065(12)(a), the prosecution must prove that the false statement was made willfully and knowingly. If you made an honest mistake or misunderstood a question on the form, you may not be guilty of a crime.
2. Mistaken Identity
If another person used your identification or falsely attributed a firearm purchase to you, we can challenge the evidence and work to prove you were not the one who submitted the false information.
3. Lack of Knowledge of a Disqualifying Condition
Many individuals do not realize that past legal issues, such as:
- A withheld adjudication for a felony,
- A prior domestic violence misdemeanor conviction, or
- A voluntary mental health commitment
could disqualify them from firearm ownership. If you did not knowingly provide false information, this may be a valid defense.
4. Unlawful Search and Seizure
If law enforcement illegally obtained evidence, we may be able to file a motion to suppress the evidence, potentially leading to a dismissal of the charges.
5. Entrapment
In some cases, law enforcement encourages or pressures individuals into committing a crime they would not have otherwise committed. If we can prove entrapment, the case against you could be dismissed.
Are There Other Consequences of a Conviction?
A conviction for providing false information on a firearm application can have serious long-term consequences, including:
- Loss of firearm rights – A felony conviction means you cannot legally own or possess a firearm.
- Employment consequences – Many employers conduct background checks, and a felony conviction could prevent you from securing a job.
- Loss of professional licenses – If you hold a license for certain professions (law enforcement, security, legal, medical), a conviction could lead to suspension or revocation.
- Immigration consequences – If you are not a U.S. citizen, a conviction could result in deportation or visa revocation.
Given these serious consequences, you must act quickly to fight the charges and protect your future.
Why You Need a Florida Gun Charge Defense Attorney
If you have been charged with providing false information on a firearm application, you cannot afford to face these charges alone. Prosecutors in Florida aggressively pursue firearm-related offenses, and a conviction can change your life forever.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we have extensive experience defending individuals accused of gun-related offenses. Our legal team will:
- Review the evidence to identify weaknesses in the prosecution’s case.
- Challenge the legality of the investigation and arrest.
- Build a strong defense strategy to fight for reduced charges or case dismissal.
- Negotiate aggressively to minimize potential penalties.
FAQs About False Information on Gun Applications in Florida
1. What if I didn’t know I was disqualified from buying a firearm?
Even if you were unaware of a disqualifying condition (such as a past felony, restraining order, or mental health commitment), the prosecution must still prove intent. An attorney can argue that you lacked the intent to deceive.
2. Can I expunge my record if I’m convicted of providing false information on a firearm application?
Felony convictions cannot be expunged or sealed in Florida. This means a conviction will remain on your permanent record, making it crucial to fight the charges.
3. What should I do if I’m being investigated for providing false information?
Do not speak to law enforcement without an attorney present. Contact a criminal defense lawyer immediately to protect your rights.
4. Can I still own a gun if I was charged but not convicted?
If you are not convicted, you may still be eligible to own firearms. However, if charges are pending, it is best to consult with an attorney before attempting to purchase another firearm.
5. What happens if I was trying to buy a gun for someone else?
This is known as a straw purchase, which is a separate crime under federal and state law. If you attempted to purchase a firearm for someone who is legally prohibited from owning one, you could face additional criminal charges.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a conviction is the surest way to protect your gun rights. Working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging your charges and preserving your freedom. A firearms conviction could strip you of your rights and get you time behind bars. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Call a Tampa Gun Charge Lawyer for a Free Consultation
If you are facing charges for false information on a firearm application, you need experienced legal representation. Call Metcalf Falls, Criminal Defense Attorneys, P.A. today at (813) 258-4800 to schedule a free consultation and start building your defense.