What do you think is the consequence if one lies on the background form? (Which is what Kelly would've done if he followed through with giving the gun to the PD)
Yes, but did he violate the law? Those who argue that the government is not prosecuting him because he is a member of the protected class (apart from arguing that he should be prosecuted for political purposes) disregard the fact that any self-respecting defense attorney could drive a bus through the government's case.