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York man faces jail time because of gun law

YORK, Pa. — A York man could be facing jail time after making a mistake on his application to buy a gun. He is being charged with falsifying information i...

YORK, Pa. -- A York man could be facing jail time after making a mistake on his application to buy a gun.

He is being charged with falsifying information involving a purchase of a handgun, which is a felony.

Dennis McCleary was trying to buy a gun at Lanco Tactical LLC in Lancaster County in 2014, but he was denied.

He said he wanted the gun because he'd been diagnosed with renal failure and wanted to be able to defend his family. He answered "no" to a question on the application asking if he's every been convicted of a crime.

But McCleary had committed a crime when he was 16.

McCleary said, "Breaking and entering, burglary of a local store, and that was a charge."

Sixteen years later, he assumed it was expunged from his record.

"I'm 32 now, so I mean that's been a really long time. I think I've proved myself as a better human being since when I was 16," he said.

His declining health spurred the decision to purchase a firearm.

"I couldn't physically defend myself for my family anymore. I thought that that would be a good idea," he said.

Now with the charges he is facing, he is worried about fines or even jail time.

He said, "I'm pretty good at trying to be a mature human being and being there for my kid and do all this stuff. And now I'm looking at being a criminal all over again."

According to Pennsylvania law, a person can apply for a gun 15 years after they committed a crime as a juvenile, or once they reach the age of 30, whichever is earlier. But they have to check that, "yes," they did commit a crime on the application.

McCleary said he honestly thought the crime he committed as a juvenile was taken off his record.

He said, "It's been an overwhelming situation. I still don't know what to think about it. It's just been kind of weird."

Police were not available to comment, and the NRA declined to comment.

McCleary said he hasn't tried to purchase a gun since his application was denied in 2014.

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