Jury Convicts Jefferson City Man of False Information in 2 Attempts to Purchase Guns

Form 4473
Overlay for New Form 4473 Now Available from NSSF

JEFFERSON CITY, Mo. – -(AmmoLand.com)- A Jefferson City, Missouri, man has been convicted by a federal jury of providing false information in two unsuccessful attempts to purchase firearms.

Joshua Michael Lehman, 35, was found guilty on Monday, Dec. 9, 2019, of two counts of making false statements in a federal record provided to a licensed firearms dealer.

Lehman attempted to purchase a Ruger 9mm pistol at Bob’s Guns on Dec. 29, 2017, and attempted to purchase a Smith & Wesson 9mm handgun at Dunham’s Sports on Feb. 15, 2018. In each instance, Lehman claimed, in a federal firearms transaction record, that he had not been adjudicated to be mentally defective and committed to a mental institution, which he knew was false.

Both purchases were denied by the National Instant Criminal Background Check System (NICS) because Lehman had been civilly committed as mentally defective.

On March 20, 2018, Lehman’s mother (through an attorney) contacted the Cole County Sheriff’s Department because she believed her son was a danger to others and had been attempting to purchase a firearm.

Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for approximately 40 minutes before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a one-day trial.

Under federal statutes, Lehman is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Aaron M. Maness. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cole County, Mo., Sheriff’s Department.

Project Guardian

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms, and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

Kansas City Field Division


Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF )Bureau of Alcohol, Tobacco, Firearms and Explosives

ATF is the federal law enforcement agency responsible for investigating violations of the federal firearms and explosives laws and regulations. More information about ATF and its programs can be found at www.atf.gov.

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toomanyhobbies
toomanyhobbies
7 months ago

WOW how many actual criminals try this every year and basically less than 1% are prosecuted? Kinda looks like the DA cherry picked this case to pad his resumé yes they do just that….

CourageousLion
CourageousLion
7 months ago

How insane is that? Talk about needing to be in a mental institution. How about the psychopathic control freaks that have their edicts that if you don’t follow you face 10 years in a cage? For putting something on a piece of paper that wasn’t the truth? Like when was the last time ANYONE in the government told the truth?? About ANYTHING?

RoyD
RoyD
7 months ago
Reply to  CourageousLion

When I was a part of the government I did it all the time. I wasn’t very popular. Did it anyway!

donfranko
donfranko
7 months ago

For those not sure about his mental state or how he got into the mental institute,…. from the article: “adjudicated to be mentally defective and committed to a mental institution, which he knew was false.” Adjudicated means found NOT COMPETENT in a court of law by a judge and/or jury. Not bureaucrats deciding to throw the guy in an institution. If he was adjudicated mentally ill and not competent, as much as I am a big proponent of the 2A rights, he should NOT have a gun. Period. He can always hire a lawyer, and try to have his classification… Read more »

John
John
7 months ago

So a man adjudicated mentally deficient and committed, thereafter lies on a government form and is prosecuted by the very government which previously declared him as mentally deficient.

It would seem resources could have been better spent getting him medical assistance and enforcing existing gun laws on those who have not been adjudicated mentally incompetent, unless of course he had a full recovery, notwithstanding his Mother’s assertions!

Just doesn’t pass the smell test!

jack mac
jack mac
7 months ago

Citizens who demand the rights of freedom are making the greatest error by allowing other free citizens to be denied rights. The infringement procedures of Form 4473 along with background checks would not exist if this error had not been made. This is an intentional act, not an error, of those attempting to oppress all private citizens. By public servants being allowed to establish the prohibited person underclass of free citizens is allowing and encouraging further oppression of all private citizens. By signing Form 4473, we have signed the death warrant for freedom. No law will physically prevent any free… Read more »

donfranko
donfranko
7 months ago
Reply to  jack mac

Freedom comes with rights, but also RESPONSIBILITIES. Criminals are “denied their right to freedom” when they commit a crime. We as a society have decided that certain behaviors are not appropriate, oh, like MURDER, RAPE, ROBBERY, ASSAULT, etc etc. Total freedom would mean no laws and anarchy. Is that what you are really proposing?

Whatzit
Whatzit
7 months ago

Okay, on the surface, this sounds legit. A guy with known mental health issues tries to buy a gun and is refused. How is this different from the red-flag laws that are so popular now? His mom reports him, says he’s dangerous, and boom. All gun laws that seek to control who gets a gun are patently illegal. This is an extremely slippery slope – hard to say what’s a bogus red-flag and what’s a “legitimate” danger. This stinks somehow.

Tionico
Tionico
7 months ago
Reply to  Whatzit

I want more details about why and how he was taken in to a mental institutioni. Has he been cured? What was the original reason for commitment? Is he truly a danger to the community around him? Yes, he lied on the form…. but I’d like to dig more deeply and know WHY he was disabled…. is he truly a danger, or is this a mere technicality, and they’re making an example of him> Sure, his Mum turned him in…. perhaps she did so rightly, I’d bet she knows about his real mental state. Until we know more, this one… Read more »

Ryben Flynn
Ryben Flynn
7 months ago

One prosecution out of how many thousands of lying on the form every year that are ignored.

jack mac
jack mac
7 months ago
Reply to  Ryben Flynn

The prohibited have already be subjugated into the sub-citizen class of free citizens. The purpose of the form is to identify those not yet prohibited to be subjugated. That is why the prohibited are ignored. Effort is applied to prohibit more.

RicktheBear
RicktheBear
7 months ago
Reply to  Ryben Flynn

That’s where I went. This was a gimme as the guy’s mother turned him in.

Tionico
Tionico
7 months ago
Reply to  RicktheBear

she did not turn him in for being a danger to society, she turned him for the tecnhicality of a false entry on the form. Operaant question: IS he truly adanger to society, and thus must be debarred the use of arms? Or was his involuntery commitment a sham in the first place? I ope the jury was fully informed, and had opportunity to evaluate whether the guy IS a danger to society.
My question is, however, if he IS such a danger to society, WHY is he allowed to freely move about in society without a qualified custodian?

donfranko
donfranko
7 months ago
Reply to  Tionico

IF he were no longer mentally ill, he could have gone to see an attorney, and file for his 2A rights back in court. He didn’t to that which leads me to believe he’s not thinking with a completely competent mind.

KDude
KDude
7 months ago

Yeah, 4473 is illegal to begin with. Forcing firearms dealers to keep gun owner info is illegal. It’s an end run around the basic text of the 2nd Amendment to the Bill Of Rights. It also goes against numerous court rulings. Fact is, all gun control is illegal.

Heed the Call-up
Heed the Call-up
7 months ago
Reply to  KDude

The government is prohibited from making a list. Companies maintain all sorts of data on their customers. With or without a 4473, you don’t believe that company has your name and address and what when you purchased items from them?

The questionable part is when the ATF takes those records from an FFL dealer that retired, went out of business or seized for whatever reasons they come up with.

joefoam
joefoam
7 months ago

So they have to initiate a new initiative to enforce the laws on the books? What were they doing before?

Deplorable Bill
Deplorable Bill
7 months ago

According to the 2A, any free American citizen of proper age, who is not in jail or the loony farm, has the right to keep and bare arms. IF this guy is mentally unstable, what is he doing out in public? I have SEEN crooked federal agents, sheriffs, police and judges. Not heard about them, SEEN THEM. I have SEEN them steal firearms, falsely arrest/convict people even beat people already hand cuffed. I have seen proof of atfe led kill orders. LOTS of us watched what happened in Waco. A large part of the 93 men women and children who… Read more »

Terry
Terry
7 months ago

If they’re too crazy to be trusted with a gun they’re too crazy to be walking around.

Ryben Flynn
Ryben Flynn
7 months ago

bare arms are sleeveless shirts.

Green Mtn. Boy
Green Mtn. Boy
7 months ago

@ DB Actually Bill I fail to find those exclusions in the 2 nd. amendment it’s self,those came out of subsequent infringements to the 2 nd..

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Will
Will
7 months ago

ABOLISH THE ATF !

jack mac
jack mac
7 months ago
Reply to  Will

Abolish the laws the ATF enforce as well.

Dubi Loo
Dubi Loo
7 months ago

Notice they do not go after Kamala Harris who publicly states she smokes marijuana and owns a gun? Ok for me but not for thee!

Wild Bill
Wild Bill
7 months ago
Reply to  Dubi Loo

@DL, Apparently Kamala did not self identify on the proper form! Merry Christmas and Many Happy New Bullets!

Tionico
Tionico
7 months ago
Reply to  Wild Bill

then SHE lied on the same form………….
oh, SHE must be SOOOOOoo Speshull