Com. v. Coll, K., Jr.
1928 MDA 2016
| Pa. Super. Ct. | Nov 2, 2017Background
- On March 13, 2015, Kevin J. Coll, Jr. attempted to purchase a firearm and completed ATF Form 4473, answering “No” to Question 11.i (whether he had been convicted of a misdemeanor crime of domestic violence).
- Coll failed the background check, submitted a challenge form (admitting prior arrest), and received notice from the Pennsylvania State Police rejecting the challenge due to a prior domestic-violence-related crime.
- The PSP referred the matter to local police; Coll told the investigating officer he had pled guilty in 2009 to one count of misdemeanor simple assault against his then-girlfriend.
- A jury convicted Coll of making a materially false statement in connection with a firearm purchase (18 Pa.C.S. § 6111(g)(4)) and unsworn falsification to authorities (18 Pa.C.S. § 4904(b)).
- Coll was sentenced to 1 year less 1 day to 2 years less 2 days imprisonment plus 1 year probation; he appealed, arguing insufficient evidence because his victim was a “girlfriend” and not within the listed relationship categories on the form.
- The trial court and Superior Court examined whether the evidence supported that Coll’s victim was “similarly situated” to a spouse under the ATF form’s definition and whether his written denial was therefore materially false.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for materially false statement (ATF Form 4473) | Commonwealth: Coll knowingly answered falsely; ATF’s definition controls and evidence showed he lived with the victim so she qualified as “similarly situated” to a spouse | Coll: His victim was a “girlfriend,” not a spouse or listed relation, so his “No” answer was not false under the form’s relationship categories | Affirmed — sufficient evidence; jury could find Coll lived with victim and was “similarly situated” to a spouse, making his denial materially false |
| Sufficiency of evidence for unsworn falsification to authorities (§ 4904(b)) | Commonwealth: the written false statement on a form bearing the required penalty notice supports § 4904(b) conviction | Coll: same defense — no domestic-violence conviction as defined, so not a false written statement under the penalized form | Affirmed — sufficient evidence to convict under § 4904(b) based on the false response on ATF Form 4473 |
Key Cases Cited
- Baxter v. Commonwealth, 956 A.2d 465 (Pa. Super. 2008) (materially false statements in connection with firearm purchase subject to § 6111(g)(4))
- Buster v. United States, 447 F.3d 1130 (8th Cir. 2006) (live‑in girlfriend can be “similarly situated” to a spouse for purposes of federal domestic‑violence firearm prohibition)
- Rodriguez v. Commonwealth, 141 A.3d 523 (Pa. Super. 2016) (standard of review for sufficiency claims)
- Tarrach v. Commonwealth, 42 A.3d 342 (Pa. Super. 2012) (same evidentiary sufficiency principles)
- D’Alessandro v. Pennsylvania State Police, 937 A.2d 404 (Pa. 2007) (Pennsylvania simple assault statute lacks a relationship element)