Bail has been revoked and forfeited by a Falconer, N.Y., man who has pleaded guilty to making a false written statement in the purchase, delivery or transfer of a firearm.

Brent Frary had withdrawn a guilty plea he had made in October prior to sentencing in November by Judge Gregory Hammond in the Court of Common Pleas. The Warren County Public Defender’s Office made a motion to withdraw the guilty plea, which Hammond then granted. Frary then pleaded guilty during a motions hearing in May to third-degree felony making a false written statement in the purchase, delivery or transfer of a firearm and misdemeanor statement under penalty. The misdemeanor charge wasn’t prosecuted in 2025 when Frary initially pleaded guilty.

In Pennsylvania, making a materially false written statement on a firearm application – typically ATF Form 4473 or PA SP4-113 – is punishable by up to seven years in prison and $15,000 in fines. Those charged with false written statements typically have allegedly knowingly and intentionally made false oral or written statements, or shown a false ID, when purchasing, delivering, or transferring a firearm. Common falsehoods in these investigations, according to the Goldstein Mehta LLC law firm’s website, include lying about criminal history, mental health commitments or acting as a straw purchaser. While seven years in prison is the maximum penalty, another New York man was sentenced to two years of probation after pleading guilty in 2025 to third-degree felony materially false written statement – purchase, delivery, transfer of firearm.

Sentencing on Frary’s May guilty pleas was to have taken place in late June in the Court of Common Pleas in front of Judge Todd Woodin. Sentencing was originally scheduled for May 12 but was continued. Woodin issued an order revoking Frary’s bail on June 29 and then, on Monday, Woodin issued an order revoking Frary’s release and forfeiting bail.

Pennsylvania courts can issue a revocation of release with an order, or capias/bench warrant, revoking release. The defendant is usually ordered to show cause as to why their release should not be revoked. A notice of intent to forfeit bail is served to the defendant and the surety or bondsman. Under state law, not appearing in court permits forfeiture, which becomes a final judgment 90 days after the notice is served, barring any remission. If the defendant is apprehended and returned to custody before the 91st day, the court will typically set aside the revocation and forfeiture, and bail can be reinstated.