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.
I Feel Incredibly Lucky
Jesse guided me through a very messy and challenging DHS dependency case, and I feel incredibly lucky to have had him represent me. He helped me win one of my kids back during the case itself and then, looking toward the appeal, preserved my rights and set me up perfectly to win in the appeal process.
Throughout the entire case, Jesse was respectful of me and my wishes for my family, and how I wanted to approach my case, which was in some ways unconventional. In some instances, he didn’t agree with my approach, but he respected my preferences and fought for it just as hard. He’s not afraid to take a case to trial, and he’s good at it. He knows what to expect, can easily navigate the sometimes rapid-fire pace of the courtroom, and knows what to do to protect his client’s rights. His experience as a criminal defense attorney clearly shows.
Additionally, Jesse was very responsive and organized throughout the entire process, even while his office was moving in the midst of my case. Maybe most importantly, Jesse is honest and genuine, and he truly cares about you and your family.
To put it simply, Jesse Lohrke is a badass attorney, and I wish anyone going through a legal case could have an attorney like him.
T.G. — Bend, Oregon
2019 Dependency Client
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.
As a result of Jesse’s hard work, on February 14, 2013, I was given three years probation instead of two years in prison. And, thanks to Jesse’s suggestions on how I could prove myself a changed person, I’m on reduced supervision at this time and scheduled to be off paper next June.
I honestly owe my life to Jesse Lohrke!
Review on Avvo – December 2014
Only Regret is I Didn’t Pursue This Earlier
I would like to express to you and your staff my gratitude for your help in restoring my gun rights. In December I was able to purchase my first legal handgun, and tonight in the mail I received my concealed carry license for the state of Oregon.
My only regret is I didn’t pursue this further at an earlier date, apparently though God had a different path that led me to you.
I have passed on your name and website to a few individuals, explaining how you helped me.
Again, thank you very much.
J.H. Union County, Oregon
2019 Rights Restoration Client
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
Peace of Mind!
I am grateful for finding Jesse Lohrke. I live out of state and my college sophomore son was charged with a crime. He received a false ID/underage drinking citation. Mr. Lohrke listened and calmed me down. He then took care of everything and communicated directly with my son. He formed a strategy and was able to negotiate a fair outcome. My son did not have to fly back and forth to Oregon in order to resolve the matter. I would highly recommend Jesse Lohrke. His fees were quite reasonable and I felt he was honest and forthright.
Review on Avvo – December 2015
Best lawyer a man could ask for.
Jesse Lohrke is the best lawyer a man could ask for. He got my sentence reduced on several occasions and minimized the amount of money I had to pay. He genuinely cares about his clients and always has their best interest in mind. He shows up ready to go and is the man you want to go to bat for you.
Review on Avvo – August 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
One of the best attorneys in town hands down
Jesse Lohrke is one of the best attorneys in town hands down. He represented my case accordingly and proved to the DA and the judge that there was circumstantial evidence of my innocence. Jesse Lohrke.. if not the best.. he’s definitely one of em. Jesse Lohrke cares. Thanks Jesse Lohrke.
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
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
Jesse is the best at what he does
Jesse is the best at what he does I know I could trust him if my life depended on it he takes pride at what he does and when you meet him you know he genuinely cares about your situation
Review on Google – May 2018
Hands down the best attorney
I enjoy Jesse and his wife very helpful people hands down the best attorney. Very open minded and he doesn’t beat around the bush about stuff he gets to the point! Thank you Jesse and Elizabeth for all your both help.
Review on Google – February 2018