Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
norristown >> “No guns,” a Montgomery County judge made it perfectly clear to an Upper Darby man who admitted to lying about his criminal background when he tried to purchase a handgun at an Upper Providence gun show.
“You basically lied on the form. It’s a serious charge,” Judge Wendy Demchick-Alloy addressed Belayet Hossain after he pleaded guilty Tuesday to a misdemeanor charge of unsworn falsification to authorities in connection with the Oct. 6, 2013, incident at a gun show at the Greater Philadelphia Expo Center in Upper Providence.
Accepting a plea agreement, the judge sentenced Hossain, 30, of the first block of Overhill Road, to two years’ probation. As a condition of the sentence, Demchick-Alloy warned Hossain he is not to purchase or possess any firearms.
“No weapons. No guns. You are not to possess any weapons sir. Do you understand?” Demchick-Alloy sternly addressed Hossain.
“Yes,” responded Hossain, who was represented by defense lawyer Saul Solomon.
When the judge inquired if Hossain currently had guns in his household, Hossain added he does not. The judge warned that probation officials can visit his home during the probationary period to determine if he’s being truthful.
The case was prosecuted by Assistant District Attorney Mark Antonacio.
Hossain, according to a criminal complaint filed by state police at Skippack, attended the Eagle Arms Gun Show at the expo center and attempted to purchase a Jimenez Arms Model JA 32 .32-caliber handgun from a licensed firearms dealer. Prior to completing the transaction, Hossain was required to complete federal and state firearms background check forms.
When completing the forms, Hossain answered “No” to questions which inquired if he had ever been convicted of a crime for which a judge could have imprisoned him for more than one year.
However, when state police conducted the background check it indicated Hossain was convicted in December 2004 of failure to appear in a Connecticut case, which was punishable of one to five years in prison, and convicted of violating a Connecticut law, “which was a crime of domestic violence,” according to testimony and court papers.
By pleading guilty to the unsworn falsification charge, Hossain admitted that he intended to mislead a public servant by making a written false statement which he knew was not true.