An Olean N.Y. man was arraigned in Bradford Monday on allegations that he attempted to purchase a firearm despite being prohibited to do so because of an active Protection from Abuse (PFA) order.
Nicholas A. Smith, 40, is charged with materially false written statement — purchase, delivery, transfer of firearm, a third-degree felony; and statement under penalty, a third-degree misdemeanor.
According to a criminal complaint, at approximately 12:50 p.m. on June 13, 2020, Smith attempted to purchase an Anderson Rifle from Keystone Tactical Firearms while prohibited to do so due to an active PFA order. Smith allegedly completed the Firearms Transaction Record, ATF Form 4473, at which time he checked “no” for Block H, which states “Are you subject to a court order restraining you from harassing, stalking or threatening your child or an intimate partner or child of such partner?”
Smith was personally served a PFA order at court, dated May 25, 2019 through Nov. 25, 2019, according to the complaint. Smith was then issued an order which was personally served at court for a PFA dated Aug. 13, 2019, which was to remain in force until and including Aug. 13, 2020.
Smith was arraigned before District Judge Richard W. Luther and his bail was set at $20,000.
A preliminary hearing before Luther is scheduled for Aug. 11.
