Arrested for a Mistake on Your Gun Application in Ohio? Here’s What You Need to Know
Ohio doesn’t require a permit to purchase a firearm, but that doesn’t mean you’re free from legal risk when trying to buy a gun. Even an honest mistake on your ATF Form 4473—the federal background check form required to purchase a firearm from a licensed dealer—can lead to denial of your application, felony charges, and possible jail time.
If you’ve been arrested for a gun application mistake, it’s critical to speak with a knowledgeable weapons charges lawyer in Cincinnati as soon as possible. Call Luftman, Heck & Associates LLP at (513) 338-1890 for a free and confidential consultation.
What Is ATF Form 4473?
ATF Form 4473 is your Firearms Transaction Record. You must fill out this six-page form when you want to purchase a firearm or get a concealed handgun license. This is required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives when you visit a Federal Firearms License holder.
If you were to purchase a firearm from a private person, you are not required to complete ATF Form 4473.
Confusion With ATF Form 4473
It is more common than you might think for a person to make a mistake on a gun application. Some of the questions on ATF Form 4473 can be difficult to understand.
ATF Form 4473 Questions
Some of the most confusing questions on ATF Form 4473 include:
- “Have you ever been convicted in any court of a felony or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”
- “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
- “Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?”
- “Are you a fugitive from justice?”
Where Mistakes Can Be Made
These questions are more complex than they seem. For example, are you a fugitive if you don’t know that you have an arrest warrant against you?
Or do you say that you were committed to a mental institution even if you checked yourself into a facility voluntarily? What do you say if you have a medical marijuana card in Ohio?
Motives Behind Strict Penalties
It’s easy to see how it might be difficult to answer some of these questions. But when you make a mistake on your gun application, you shouldn’t be treated as a criminal. The increase in gun violence over the years has put law enforcement on high alert when it comes to lying on a gun application.
But this has also put an unnecessary spotlight on innocent people who made a mistake while exercising their Second Amendment rights.
Mistakes That Can Lead to an Arrest on a Gun Application
Many gun purchasers make honest errors on Form 4473, but even unintentional misstatements can trigger a criminal investigation. The most common mistakes include:
- Failing to disclose a prior felony or criminal conviction
- Incorrectly answering questions about drug use (including medical marijuana use in Ohio)
- Omitting mental health treatment or institutionalization
- Not disclosing active warrants or pending charges
- Using an outdated or invalid form of ID
- Mistakenly claiming eligibility when you are under a restraining order or protection order
Unfortunately, law enforcement often assumes these mistakes were intentional, leading to charges for making a false statement concerning a firearm purchase (a felony under both Ohio law and federal law).
Penalties for Gun Application Mistakes
You can face criminal charges when applying for the purchase of a gun or a concealed carry permit. For the state’s prosecuting attorney to obtain a conviction, they will need to prove beyond a reasonable doubt that you:
- Knowingly made a false statement on your gun or permit application
- Used fake documentation to obtain application approval
The details of your case will determine the severity of the charges you are facing. If you were charged with giving false information on your concealed carry application, you could be charged with a fourth-degree felony. This is punishable by a prison term of up to eighteen months and fines of as much as $5,000.
If you were charged with using false information on your gun application, you could be charged with a fifth-degree felony. This is punishable by up to twelve months in prison and fines of as much as $2,500.
Penalties for Convicted Felons
As a convicted felon, you can also expect to have your gun rights suspended and face other penalties such as:
- Trouble finding safe, affordable housing
- Difficulty finding gainful employment
- Trouble with child custody or visitation
- Suspension of professional licenses
- Issues with immigration or citizenship
When you didn’t intend to make a mistake on your gun application, you shouldn’t be subjected to penalties this severe. Your weapons charge lawyer will show the court your lack of intent or present another convincing defense to help you get acquitted.
What Should I Do If I’m Charged With a Gun Application Mistake?
If you’ve been charged with making a false statement on a gun application in Ohio:
- Do not speak to law enforcement without a lawyer.
- Avoid discussing the case on social media or with friends/family.
- Hire a criminal defense attorney with experience in federal and state firearm laws.
- Collect any documents or evidence showing your misunderstanding or mistake.
- Let your attorney handle all communication and build a defense based on lack of intent, mental state, or ambiguity in the questions.
Your lawyer may be able to get the charges dismissed, negotiate a plea to a lesser offense, or take the case to trial to prove your innocence.
Potential Defenses to Gun Application Charges
Your Ohio gun charges defense lawyer may use several defenses, such as:
- Lack of intent — You misunderstood the question or didn’t realize the answer was inaccurate.
- Ambiguous form language — The ATF form can be complex and confusing, even for well-intentioned applicants.
- Voluntary disclosure — If you corrected the mistake or disclosed the error before arrest, that may support your defense.
- No prior conviction or legal disability — You may have been wrongly flagged for a disqualifying factor that didn’t actually apply.
Can I Be Arrested for a Simple Mistake on My Gun Application?
Yes, if law enforcement believes the mistake was intentional, you may be arrested and charged—even if the error was honest. That’s why you need an experienced Ohio gun charges lawyer to help demonstrate your lack of intent and fight for a dismissal or reduction.
Is it Illegal to Use Medical Marijuana and Still buy a Gun?
Under federal law, any use of marijuana—including legal medical marijuana in Ohio—disqualifies you from purchasing or possessing a firearm. Answering “no” to the drug use question on ATF Form 4473 while using marijuana can lead to federal charges.
What If I Forget about an old Felony Conviction?
If you fail to disclose a prior felony (even an old or expunged one) on your gun application, you may face federal or state felony charges for providing false information. Your attorney can help you evaluate whether the conviction disqualifies you and defend against allegations of deceit.
Can I Own a Gun if I Was Hospitalized for Mental Health Reasons?
That depends. Voluntary hospitalization may not disqualify you, but being court-ordered or adjudicated as mentally defective will. Misunderstanding this question is common and should be carefully addressed with legal support.
Contact a Cincinnati Weapons Charges Lawyer Today
Have you been arrested after making a mistake on your gun application? You could be facing life-changing charges. You deserve an experienced Ohio criminal defense lawyer who can devote their time and energy to your case.
Choose Luftman, Heck & Associates to represent you at trial. Schedule a free, no-risk consultation when you call our office at (513) 338-1890. Or fill out our convenient contact form today so we can get started on your defense.
