C.F.R. » Title 27 » CHAPTER II—BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE › SUBCHAPTER B—FIREARMS AND AMMUNITION › PART 478—COMMERCE IN FIREARMS AND AMMUNITION › Subpart H—Records

27 C.F.R. § 478.128

False statement or representation

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(a) Any person who knowingly makes any false statement or representation in applying for any license or exemption or relief from disability, under the provisions of the Act, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.

(b) Any person other than a licensed manufacturer, licensed importer, licensed dealer, or licensed collector who knowingly makes any false statement or representation with respect to any information required by the provisions of the Act or this part to be kept in the records of a person licensed under the Act or this part shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.

(c) Any licensed manufacturer, licensed importer, licensed dealer, or licensed collector who knowingly makes any false statement or representation with respect to any information required by the provisions of the Act or this part to be kept in the records of a person licensed under the Act or this part shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.

[T.D. ATF-270, 53 FR 10505, Mar. 31, 1988]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2017–2024 · leading case: Fairmont Cash Mgmt, L.L.C. v. Tanarra James, 858 F.3d 356 (5th Cir. 2017).
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Fairmont Cash Mgmt, L.L.C. v. Tanarra James, 858 F.3d 356 (5th Cir. 2017). “§ 923 (m) and 27 C.F.R. § 478.128 (c); • Selling a firearm without recording the transaction in violation of 18 U.”
Heartland Outdoor, Inc. v. Miller (D. Kan. 2023). “§ 923 (a)(1)(A) and 27 C.F.R. § 478.128 (c) on one occasion  Violation 7: Incomplete/Inaccurate ATF Form 4473, violating 18 U.”
Bencivenga Corp. d/b/a OFM Corp. v. Bureau of Alcohol, Tobacco, Firearms & Explosives (S.D. Tex. 2024). “§ 924 (a)(1) and 27 C.F.R. § 478.128 (a). • Having Aronstein, a prior willful violator of the GCA, as an unlisted responsible person for OFM, in violation of 18 U.”
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