United States v. Pierotti, No. 13-3096 (7th Cir. 2015)
Annotate this CaseBefore the 2012 Wisconsin deer-hunting season, Pierotti bought a Remington rifle at Walmart. A clerk asked him to use a computer to complete ATF form 4473. The form asks whether the purchaser has ever been convicted of a misdemeanor crime of domestic violence. Pierotti’s initial response was “Yes.” In 2011, he was convicted of misdemeanor battery against his then-fiancée. When Pierotti clicked to submit his completed form, a window popped up advising him to review his answers. He then changed his response to only that question and submitted the form again. He did not seek further information, although he could have clicked a link providing instructions for the question. Had he clicked, he would have seen that his prior offense was a misdemeanor of domestic violence. Pierotti was charged under 18 U.S.C. 922(a)(6), for making false statements in connection with the purchase of a firearm. The district court instructed the jury on the definition of “knowingly” in section 922(a)(6), including (over Pierotti’s objection) the ostrich instruction, which informs the jury that the defendant acted “knowingly” if he strongly suspected his statement was false and deliberately avoided the truth in making it. The jury found Pierotti guilty. The Seventh Circuit affirmed.
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