Can I be charged with False Swearing after being denied a firearm purchase?
In filling out any application, it is important to be truthful. However, there are times when you can struggle with the right answer because the questions is unclear, your situation has changed, or you are simply given bad advice. If you respond inaccurately to a question on a firearm or other official application, there is a chance you will be accused of the crime of false swearing.
"A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false."
Under ORS 162.075, False Swearing is a Class A Misdemeanor.
This charge often comes up when people attempt to purchase firearms, though it can apply in many other contexts, such as filling out an application to be a licensed hunting guide.
Firearm Purchase Denials
If you are denied a firearm purchase after submitting to a background check, expect to be contacted by a trooper from the Oregon State Police (OSP). Every firearm purchase denial is investigated, though it does not necessarily result in criminal charges. Police responding to a denial are usually investigating the crime of false swearing.
Expect to be asked questions about your application, sometimes over the phone. The trooper will usually forward a report to the District Attorney’s office if there is any suspicion that a crime has occurred. Sometimes the individual is arrested or given a criminal citation. Many investigations seem to result in no further action being taken once a report is completed.
An important factor in avoiding criminal liability is honesty on your application and avoiding any intentional attempt to purchase a firearm illegally. It is always a good idea to contact an attorney before speaking with the police when you are the subject of an investigation.
Lohrke Law is ready to handle Your False Swearing or Firearm Denial case.
Jesse and Elizabeth Lohrke are experienced firearm rights attorneys who have successfully defended False Swearing charges for clients.
If you were denied a purchase or if you have questions or concerns about your eligibility to lawfully purchase firearms, contact Lohrke Law.
One of the best attorneys in town hands down
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Hands down the best attorney
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Review on Google – February 2018
A tireless attorney who earned my highest recommendation.
Mr. Lohrke did a fantastic job of representing me. His initial recommendations to me were fair and suitable to my situation. When I explained to him my specific needs and the extenuating circumstances he went to bat for me tirelessly. It took a while and he never slowed down or suggested to me that I needed to compromise. I give Mr. Lohrke my highest recommendation and I believe you are in very good hands if he is representing you.
Review on Avvo – September 2014
Above and Beyond
I was arrested on 12/3/12 on some serious criminal charges. I was assigned a court appointed attorney that wasn’t interested or capable of defending me. I was going to spend the next two years of my life in prison! I called Jesse and he intervened on my behalf. He traveled 300 miles round trip to represent me on court appearances. He sent people to search the archives in Multnomah County to disprove my past criminal history. He wasn’t afraid to question police procedures. He offered positive suggestions on things I could do to help myself, which I was more than happy to do. The fact is that he worked harder for me than any lawyer I’ve ever known.
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Review on Avvo – December 2014
Best lawyer a man could ask for.
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Review on Avvo – August 2014
Peace of Mind!
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Review on Avvo – December 2015
My experience with Jesse was great
I moved to Oregon 7 months ago and came to Oregon at the age of 53yrs old, And i was an avid bowhunter but due to some disabilities i have a very hard time bow hunting , so i seen an add that said get your Gun rights Back to which i never thought would happen, but I hired Jesse and his Law firm and six months later i received my Gun rights back here in Oregon so now im able to Own and buy guns Now i cant wait to go hunting with my son with a rifle for the first time ever Thank you very Much Jesse
Review on Google – June 2017
Jesse Lohrke: Holistic Attorney
Until Jesse represented me, I had no idea there was (or even could be) such thing as a holistic attorney! (disclaimer: my description of him, not sure how he feels about it:) ) Throughout my case, which came at an already very difficult time in my life, Jesse was not only highly professional and knowledgeable but personally respectful and caring. He explained everything completely (several times in fact!); presented me with all possible options; answered my questions to satisfaction and researched those he was not certain about. He answered my calls personally or returned them promptly. I came to trust him immensely throughout this time. In fact, I credit Jesse Lohrke greatly with the successful outcome of my case as well as my personal life situation during that time. He is not only a great lawyer – he is a wonderful person!
Review on Avvo – May 2014
Cleaning up my criminal record and getting back my gun rights.
I came to Jesse because I was trying to get a better job and I was concerned that I would be discriminated against because of my criminal record. He quickly researched the relevant facts and informed me. He then introduced me to an exciting specialty of his: reducing felony charges to misdemeanors, restoring gun rights, and expunging criminal records entirely. He has done some amazing work for me over the last few months and it has been surprisingly affordable. I am super excited about my future now. Anyone with a criminal record should be talking to Jesse about fixing it.
Review on Avvo – December 2014
Jesse is the best at what he does
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Review on Google – May 2018