A Souderton Borough woman who attempted to buy a firearm at a borough business has been charged with lying on a Pennsylvania Instant Check System application due to her criminal background and United States residency status.
Iris Guadalupe Pinto Cueva, 43, of the 30th block of North Main Street, was charged July 17 by Souderton Borough Police with felony providing false information for firearm ownership and misdemeanor giving a false statement under penalty of law, according to court records.
Police allege Pinto Cueva cannot own a firearm under state and federal law because she is a Honduran national that is in the country illegally and has a criminal record.
On June 4, 2024, police received an email from the Pennsylvania State Firearms Division regarding an attempted purchase of a gun nine months ago on Sept. 11, 2023, by Pinto-Cueva at Wellington Sporting Goods Inc., 43 N. Main St., Souderton, police said. The state division also provided police with Pinto-Cueva’s instant check challenge form, an instant check response letter, and Pinto-Cueva’s federal criminal history, per the affidavit.
Police said the Pennsylvania Instant Check System explains everything that would make someone prohibited from possessing a firearm. One question, police said, asked “Are you a person who: being an alien, is illegal unlawfully in the United States?” and ends with a warning of unsworn falsification to authorities. Pinto-Cueva, police said, dated and signed this part of the form.
Police said Pinto-Cueva was attempting to purchase a .380 Auto Beretta Pico 380, per the affidavit.
Another part of the form asked for personal information, where Pinto-Cueva filled in her address and Honduras as her country of birth, police said. Under “Country of Citizenship,” Pinto-Cueva checked the box for “United States of America,” per the complaint.
A third question asked “Are you an alien illegally or unlawfully in the United States?” and Pinto-Cueva, police allege, checked “NO.” A fourth question asked “Are you an alien who has ben admitted to the United States under a nonimmigrant visa?” and “NO” is checked off, police said.
Police said FBI records show Pinto-Cueva was arrested by Customs and Border Patrol in Texas on June 28, 2019.
Pinto-Cueva is free on 10% of $5,000 cash bail, according to court records. A preliminary hearing is scheduled for Sept. 11 at 2:30 p.m. before Magisterial District Judge Adam T. Katzman.
All suspects and defendants are innocent until proven guilty. This story was compiled using public court records.