OK...everyone take a pause and follow the bouncing ball.
1. You are innocent until proven guilty.
2. If I sign ATF Form 4473 on April 19th and smoke my "first joint" April 20th (next day), then everything on that form is still "truthful".
3. If I sign something under "penalties of perjury", the other party has the burden of proof in court to prove that I knowingly committed perjury.
4. If I plead guilty to "marijuana charge" on April 18th and sign the form April 19th, then I am fucked (evidence you committed perjury).
5. Oh, I hear a question in the crowd...I don't think everyone heard it so let me repeat it: "If there is no proof that I smoked cannabis (no pics of me doing bong hits on social media, no prior arrests, no medial marijuana card (state database), no admission of use in depositions, etc) then how can the folks at ATF prove I broke the law by smoking pot prior to signing the document?" Exactly my point and thank you for the question. It is incredibly hard to prove things that never happened.
Of course if you are talking to a DA or AG attorney about falsifying ATF Form 4473....you're fucked anyway. I refer you to Rule #1: You have the right to remain silent...and think of why you are in an "interview room" having this particular discussion regarding your signature on ATF Form 4473. There probably is another reason for you being summoned.
DISCLAIMER: Not suggesting anyone violate Federal law...just discussing a hypothetical situation where a person signs ATF Form 4473 and then smokes their first joint the following day. Of course being a good citizen, I am also reiterating the right not to testify against oneself and that the burden of proof lies with the government in situations discussed above.
1. You are innocent until proven guilty.
2. If I sign ATF Form 4473 on April 19th and smoke my "first joint" April 20th (next day), then everything on that form is still "truthful".
3. If I sign something under "penalties of perjury", the other party has the burden of proof in court to prove that I knowingly committed perjury.
4. If I plead guilty to "marijuana charge" on April 18th and sign the form April 19th, then I am fucked (evidence you committed perjury).
5. Oh, I hear a question in the crowd...I don't think everyone heard it so let me repeat it: "If there is no proof that I smoked cannabis (no pics of me doing bong hits on social media, no prior arrests, no medial marijuana card (state database), no admission of use in depositions, etc) then how can the folks at ATF prove I broke the law by smoking pot prior to signing the document?" Exactly my point and thank you for the question. It is incredibly hard to prove things that never happened.
Of course if you are talking to a DA or AG attorney about falsifying ATF Form 4473....you're fucked anyway. I refer you to Rule #1: You have the right to remain silent...and think of why you are in an "interview room" having this particular discussion regarding your signature on ATF Form 4473. There probably is another reason for you being summoned.
DISCLAIMER: Not suggesting anyone violate Federal law...just discussing a hypothetical situation where a person signs ATF Form 4473 and then smokes their first joint the following day. Of course being a good citizen, I am also reiterating the right not to testify against oneself and that the burden of proof lies with the government in situations discussed above.