Elma Man Sentenced For Lying On An ATF Firearms Form

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that David Polak, 48, of Elma, New York, who was convicted of knowingly causing a licensed firearms dealer to fail to make an appropriate entry in required firearms transfer records, was sentenced to serve one year probation by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Misha A. Coulson, who handled the case, stated that in 2017, the defendant won two rifles in a charity raffle. On January 11, 2018, a six month restraining order was issued against Polak in Buffalo Family Court. Later, on the same day the restraining order was issued, the defendant went to The Gun Locker LLC to fill out paperwork related to him taking possession of the two rifles he previously won. When completing an ATF Firearms Transaction Record form 4473, Polak was asked “Are you subject to a court order restraining you from harassing, stalking, or threatening your child or intimate partner or child of such partner?” The defendant inaccurately marked “NO” on the form, and then dated and signed the form, which includes a warning that it is a federal crime to answer “NO” if the buyer is subject to a restraining order.

The sentencing is the result of an investigation by Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.