Fib on fed form wasn’t perjury under Illinois statute

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 11, 2023 11:25 AM

Because of pending felony charges in Galesburg, a federal law made it unlawful for Max D. Matiala to purchase a Mossberg MC1 9-millimeter pistol from a local Illinois retailer. But in answering question 21(d) in Sec. B on ATF Form 4473, he allegedly denied being under indictment for a felony. And he signed under the statement: “I certify that my answers in Section B are true, correct, and complete.”The question for the Illinois Appellate Court when Matiala appealed from a perjury conviction was whether this false statement …

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