Legal Question in Criminal Law in Virginia

I was trying to purchase a shot gun from a gun shop in VA. Filled out the background check form and was denied. I live in WV just across the state line. VA trooper called and asked me to come to the police station. I was charged with willfully and intentionally making a materially false statement of the consent form. Please advise the penalty.


Asked on 2/06/10, 9:07 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Virginia Code Sec. 18.2-308.2:2 K provides as follows: "Any person willfully

and intentionally making a material false statement on the consent form required

in subsection B or C or on such firearm transaction records as may be required

by federal law, shall be guilty of a Class 5 felony.

Virginia Code Sec. 18.2-10(e) specifies that a Class 5 felony may carry

a penalty of 1-10 years in the state penitentiary or up to 12 months in the local

jail in the discretion of a judge or jury and a fine of up to $2500, either or

both.

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Answered on 2/11/10, 9:56 am


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