Defendant was charged and convicted of perjury when he attempted to purchase a firearm and falsely certified on a federal form that he did not have any pending felonies when in reality he had two pending felony charges. The issue on appeal was whether a knowingly false statement on a form issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives was sufficient to support a conviction for perjury under Illinois law where the form only required the applicant to “certify” the truth of their responses. The appellate court found that it was not and reversed defendant’s conviction outright, explaining that the language of the form did not require an oath or affirmation as it is narrowly defined under Illinois perjury law. (HARRIS and LANNERD, concurring)
Illinois Appellate Court
Criminal Court
Perjury