Convicted felon faces charges after attempting to purchase firearm

Staff Writer

A convicted felon is facing new charges after attempting to purchase a firearm earlier this year.
According to an affidavit of probable cause filed on Monday, June 18, 2018 in the office of Magisterial District Judge Mark S. Jacob of St. Marys, David Joseph Heindl, 55, of 12531 Bennetts Valley Highway, Penfield, faces charges after attempting to purchase a firearm from Elk County Ammo & Arms, 246 Brusselles Street, St. Marys, in March and providing incorrect information regarding his status as a convicted felon.
On June 6 at 1:15 p.m., City of St. Marys Police Officer Drew Lehman received an email from Chief Thomas Nicklas which he had received from the PSP Firearms Division requesting an investigation of Heindl.
On March 2, Heindl allegedly went to Elk County Ammo & Arms and attempted to purchase a Winchester Model 94, 30-30 rifle. However, according to the affidavit, Heindl had checked “No” in block 11.c on the ATF 4473 form and it was a lie.
ATF 4473 form question 11.c reads: “Have you ever been convicted in any court of a felony, or any other crime for which judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See instructions for question 11.c.)” Heindl reportedly answered “no” when he should have answered “yes.”
According to the affidavit, Heindl has been convicted of multiple felony charges dating back to 1984.
On April 9, 1984, Heindl was charged with burglary, a Felony 1, and received four years probation.
On June 13, 1985, Heindl was charged with theft by unlawful taking or disposition, a Felony 3, and received 18 months to 36 months incarceration at a regional correction facility.
On July 15, 1985, Heindl was charged with theft by unlawful taking or disposition, a Felony 3, and received 18 months to 36 months incarceration at a regional correction facility.
On April 12, 1987, Heindl was charged with criminal trespass, a Felony 3, and received 12 months to 36 months incarceration at a regional correction facility.
A felony of the first degree is punishable by a maximum imprisonment of 20 years. A felony of the third degree is punishable by a maximum imprisonment of seven years.
Heindl faces a third-degree felony charge of materially false written statement - purchase, delivery, transfer of firearm; a third-degree misdemeanor charge of statement under penalty; and a summary charge of disorderly conduct.
A preliminary hearing for Heindl is scheduled for July 31 at 11 a.m. in the courtroom of Judge Jacob in St. Marys.

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