Duncan, OK Man Sentenced: Lied On Form 4473

[alsaqr]

Chad Kaspereit was sentenced to ten years in federal prison for lying on form 4473. He purchased two firearms while under restraining orders from two ex wives.

Added:

Kaspereit was found guilty of lying on the form 4473 and possession of a firearm while under a restraining order. Don't stop, go to club fed for ten years.

https://www.kswo.com/2019/12/18/duncan-man-sentenced-owning-guns-while-under-protective-order/

The case:

https://www.morelaw.com/verdicts/case.asp?s=OK&d=129649

 

[BlueHeelerFl]

I'm amazed he got prosecuted. The feds never go after anyone that lies on those forms

 

[dogtown tom]

I'm amazed he got prosecuted. The feds never go after anyone that lies on those forms

Never heard of Bruce Abramski?
While its not common, USAO's will take such a case when local DA's really want to put the screws to a dirtbag.

 

[alsaqr]

I'm amazed he got prosecuted. The feds never go after anyone that lies on those forms

My statement was wrong. He was convicted of possession by a person subject to a restraining order.

This federal prosecutor goes after gun owners who have restraining orders or domestic violence convictions. Oklahoma has a horrible problem with domestic violence and violations of restraining orders. The federal prosecutor teamed up with the BATFE, state and local law enforcement in going after violators.

"The U.S. Attorney's Office for the Western District of Oklahoma says it realized federal laws were stronger when it comes to offenders carrying firearms.

Someone who is caught with a gun and has a protective order against them, or a previous domestic violence misdemeanor can face 10 years in federal prison.

“We know that as domestic violence escalates typically an individual, an abuser will bring a firearm into the violence," said Lori Hines, from the U.S. Attorney's Office. "When that happens, the chances go up for the victim being killed by a firearm.”

So far, Lori Hines says the U.S. Attorney's Office has indicted 84 people for those crimes.

Early statistics show, on average, those people spent more than 80 months in prison."

https://okcfox.com/news/local/law-e...harges-to-lock-up-domestic-violence-offenders

 

[jmorris]

Never heard of Bruce Abramski?

I wonder how many people they could send to prison come the 25th of this month?

 

[dogtown tom]

I wonder how many people they could send to prison come the 25th of this month?

Buying a firearm as a bonafide gift is completely legal. The instructions on the Form 4473 clearly state such.
Abramski didn't gift the gun he bought for his uncle.....thats how he got caught.

 

[Frank Ettin]

...The feds never go after anyone that lies on those forms

And how do you know this? What evidence do you have to support your claim? In fact it's not true.

I did a quick search of a legal database I subscribe to. I found 145 federal court of appeals cases involving lying on the 4473. Those are just the cases that went on to the court of appeals. Charges resolved with a plea deal or trial court decisions that weren't appealed aren't included in that number.

If one violates a law one can't necessarily count on not being prosecuted. The prisons are full of people who didn't think they'd get caught or prosecuted.

 

[boom boom]

Buying a firearm as a bonafide gift is completely legal. The instructions on the Form 4473 clearly state such.
Abramski didn't gift the gun he bought for his uncle.....thats how he got caught.

Abramski was also the suspect in a bank robbery which is why they were scrutinizing him. Don't know if he ever got jail time for that one as the state bank robbery charges were dismissed apparently and the feds never charged him. He also had the uncle write a reimbursement check and gave a receipt to the uncle for the firearm. The check was sent and dated before Abramski bought the firearm from the dealer. That is not a gift by any stretch of the imagination--uncle did it so that he could get Abramski's supposed leo discount on the firearm. In fact, Abramski had been fired as a police officer two years ago.

Link to amicus brief disclosing some of the facts, https://www.oregonfirearms.org/wp-content/uploads/2013/10/Abramski_Amicus.pdf

 

[whughett]

OP got High jacked. My head spins sometimes trying to keep the thread straight.

 

[BlueHeelerFl]

And how do you know this? What evidence do you have to support your claim? In fact it's not true.

I did a quick search of a legal database I subscribe to. I found 145 federal court of appeals cases involving lying on the 4473. Those are just the cases that went on to the court of appeals. Charges resolved with a plea deal or trial court decisions that weren't appealed aren't included in that number.

If one violates a law one can't necessarily count on not being prosecuted. The prisons are full of people who didn't think they'd get caught or prosecuted.

The last couple of years there have been stories written on the tens of thousands (it was about 90,000) in a single year firearms background checks that are denied due to Some form of lying on the form.

Most would not result in as long of a sentence as outlined in the original article, which stated a year I believe. Due to this most cases are not prosecuted.

 

[Thibaut]

The last couple of years there have been stories written on the tens of thousands (it was about 90,000) in a single year firearms background checks that are denied due to Some form of lying on the form.

Most would not result in as long of a sentence as outlined in the original article, which stated a year I believe. Due to this most cases are not prosecuted.

I read that in the past decade, FDLE denied over 100,000 applications. GAO highlights report that few are prosecuted. Not sure about their parameters for prosecution.

 

[Frank Ettin]

The last couple of years there have been stories written on the tens of thousands (it was about 90,000) in a single year firearms background checks that are denied due to Some form of lying on the form.....

First, while applications do get denied we know that many are false positives. People appeal denials, and errors get corrected.

Second, not all of those denials are the result of people lying. In the case of a false positive, the buyer probably filled out the form honestly but was mistaken for someone else in the course of the records check.

 

[Trey Veston]

Reminds me of one particular gun forum in which every time the issue of marijuana use comes up, several posters admit to being users and lying on the 4473 with no fear of being prosecuted.