United States v. Anthony D. Menna

A federal grand jury indicted Anthony D. Menna on four counts charging, respectively, that on four occasions in 1969 and 1970, Menna acquired firearms by making false statements likely to deceive a licensed dealer, in violation of 18 U.S.C. § 922 (a) (6). After a jury trial, Menna was found not guilty on counts one and two. The jury deadlocked on count four and that count was dismissed. He was convicted on count three and sentenced to a term of imprisonment of one year and one day. This appeal followed.

In count three, the grand jury-charged that, on December 19, 1969, in connection with the purchase of a Marlin .30-30 caliber rifle, serial number 69-6132Z, from a licensed dealer in firearms, Menna had willfully and knowingly made a false and fictitious statement, likely to deceive the dealer with respect to a material fact as to the lawfulness of the sale pursuant to Chapter 44, Title 18, United States Code. According to count three, this statement consisted of his certification on Form 4473, “Firearms Transaction Record,” that he had not been convicted of a crime punishable by imprisonment for a term exceeding one year, knowing in fact that he had been convicted of such a…