BURLINGTON — A Barre resident from India, who authorities say is in the United States illegally, is now charged in federal court with lying during an attempt to buy a semiautomatic pistol at a Washington County firearms shop, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Hartamal Singh, 34, of West Street appeared in U.S. District Court in Burlington late Thursday for a federal criminal complaint for making false statements about his immigration status during the attempted purchase of the Ruger at R & L Archery on Smith Street in Barre on Oct. 12, 2023, the ATF reported.

Federal Magistrate Judge Kevin Doyle granted a request by the government for Singh to be held until a detention hearing next Wednesday afternoon. The U.S. Border Patrol said it apprehended Singh in Essex Junction about 6:20 a.m. Thursday for being unlawfully present in the country.

Special Assistant U.S. Attorney Charles W. Kirkham said in court papers that Singh is a danger to the community and there are no known conditions that will ensure his appearance at future court hearings.

“The prospect of a felony conviction and time in prison now confront the Defendant before he is deported,” he wrote. Singh is facing an estimated 10 to 16 months in prison under the federal sentencing guidelines, if convicted at a trial, Kirkham said.

There are conflicting court records on whether Singh has one or two convictions for felony robbery in New York. He also was involved in a burglary and at least two domestic assault complaints, including one with a weapon in Barre, but they were all eventually dropped at the request of his estranged wife in October 2022, records show.

Vermont State Police also arrested him for driving while under the influence following a complaint that he almost hit a few vehicles on Interstate 89 in Richmond about 9:30 a.m. Aug. 11, 2021. He was eventually stopped on Vermont 117 in Jericho and had an alcohol breath test more than twice the legal limit two hours later, State Trooper Michelle Archer reported. The Chittenden County State’s Attorney’s office reduced the DUI charge to negligent operation and let Singh pay only a fine with no probation in May 2022.

“The ATF Form 4473 that the Defendant filled out to purchase a firearm contains clear and material misstatements of fact by the Defendant. That form contains explicit warnings about the potential for felony criminal prosecution as a consequence of making a false statement on that form,” Kirkham wrote in his detention motion.

Kirkham added U.S. Customs and Immigration Service (USCIS) had put the defendant on notice of his unlawful status in the United States prior to his attempt to buy the gun.

The gun purchase was ultimately rejected during a background check that showed Singh was illegally in the United States and subject to removal proceedings, the ATF said in court papers.

Singh answered at least three immigration questions “no” on the federal gun purchase form, including when asked if he was “an alien illegally or unlawfully in the United States?” court records show. Singh later admitted that he knew he had answered the questions falsely, the ATF said.

The federal gun purchase form made clear that false answers could lead to a new felony charge, court records noted.

A U.S. Border Patrol Agent, assigned to the ATF Task Force in Vermont, said when he researched Singh’s background, he learned he had entered the country at John F. Kennedy Airport in New York City on Dec. 3, 2002 using a K-2 nonimmigrant visa (child of the fiancé of a U.S. citizen).

Singh was authorized to stay until March 2, 2003, but his mother, who was born in India, never got married to the U.S. citizen, court records show. Singh never departed the U.S. and he and his mother were ineligible to adjust their immigration status, the Border Patrol Agent said.

Singh has been involved in numerous criminal incidents since he arrived in the country, court records show.

His criminal record shows one or two robbery charges and eventually he was sentenced to 6 months in prison as a “Youthful Offender.” He was issued an immigration detainer while serving his sentence in Queens County and eventually taken into custody on the immigration order on May 25, 2008, records show.

Removal proceedings got underway and Singh was released. Five years later, an Immigration Judge administratively closed his case on March 3, 2013, to allow him to apply for Deferred Action for Childhood Arrivals (DACA).

His application was rejected, and Singh was told it could not be further appealed or re-opened, records show. Singh still reapplied in July 2023, but USCIS sent him a denial notice Feb. 28, 2024. He has remained in the United States despite the court removal order, records note.

Following his arrest this week, Singh told investigators that he knew he was in the country unlawfully and that his request to stay had been denied, a court affidavit noted.

Singh said he believed the denial of the gun purchase was due to his immigration status.