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.
1 Answer from Attorneys
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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