Virginia False Statement on Firearm Form Lawyers
Millions of firearms are sold every year. Most sales are made by firearm dealers. Firearm dealers are in the business of selling guns. These firearm transactions by gun dealers require federal ATF Form 4473 to be executed. Virginia SP Form 65 must also be executed when purchasing a firearm from a gun dealer. The forms are similar. If you wish to purchase a firearm from a gun dealer, then you will be required to fill out these forms. Important questions on these forms pertain to felony convictions, mental capacity, protective orders, and domestic violence among other matters. Contact a lawyer immediately before you start a firearms transaction if you have any doubts about the lawfulness of your actions.
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Firearm Dealer Applications for Gun Sales Investigated by State Police
The Virginia Firearms Transaction Center is the entity that conducts firearm purchase background checks when gun dealers submit the required paperwork before a sale can be completed. The transaction center is part of the Virginia State Police. Prospective buyers receive one of three results: APPROVED, DELAYED, DENIED. Willfully and intentionally making a materially false statement on this form is a felony pursuant to Va. Code § 18.2-308.2:2(K). A DENIED result visit will most likely be followed up by a visit from a State Trooper. There is a process to appeal a wrongful DENIED firearms transaction.
Virginia Top Rated Attorneys for Gun Application Mistakes
Experienced Defense Counsel for Virginia Gun Form Cases
Riley & Wells Attorneys-At-Law is an experienced Virginia law firm with over 60 years of combined criminal law trial experience. Our lawyers know firearms law. We wrote the Virginia Gun Law book. We are a recognized “Best Law Firm” according to U.S. News & World Report. Our attorneys routinely represent clients who have been accused of this offense before Virginia Courts. An additional charge of attempt to possess a firearm offense by a prohibited person often accompanies the false firearm on a firearm transaction form case. Let us review your case. We can help!
Skilled Representation for VA False Statement on Firearm Form Cases
Our firearm attorneys are licensed to practice law in all Virginia Courts
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Legal Representation for Virginia Gun Show Violations
Virginia hosts many gun shows every year. Virginia law requires the State Police to be at all gun shows to ensure that no firearm transaction violates the law. All firearm show transactions with a licensed gun dealer will trigger an instant background check. A State Trooper is dispatched to investigate for law violations when the background check reveals a discrepancy between ATF Form 4473, Form SP-65, and the applicant’s criminal history. You are the target of an investigation if you are visited by a State Trooper during the process of your firearms purchase. Any answers you provide during this investigation will be used against you in court.
Top Rated Virginia Firearm Violation Defense Attorney
Super Lawyers is a legal rating service comprised of outstanding lawyers from over 70 practice areas including criminal defense attorneys who defend firearm law cases. A lawyer must attain a high-degree of recognition and professional achievement to be recognized as a Virginia Super Lawyer. This organization recognizes the top rated lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. We have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. Retain a firearm attorney who has been recognized with this award.
Felony Firearm Charges from Meadow Event Park Gun Show Dropped
Our firearm law attorneys represented a client who was accused of making false statements on the gun application forms at the Meadow Event Park gun show in Caroline County. State Police charged our client with two felony violations. False statement on firearm consent form and felon attempting to possess a firearm. The cases came down to whether the prosecution could prove beyond a reasonable doubt that our client knew he lied on the gun forms. Our position was that a mistake was made and that our client did not knowingly and intentionally falsify background check forms. Click on image for case result.
Falsifying a Firearm Application Requires A Great Defense Attorney
Making a false statement on purchase application ATF Form 4473 or Form SP-65 will not only stop the firearm sale, but you will likely face criminal prosecution by the Commonwealth Attorney for at least one felony if not two. Clients are frequently shocked to learn they are being charged with a serious felony for making a paperwork accident on a confusing government form. Many find this excessive for a mistake, but the law enforcement community is serious about enforcing this law. Contact an experienced Virginia firearms law attorney immediately if you find yourself in this situation.
Lying on Gun Application Forms is a Serious Criminal Offense
The federal Gun Control Act of 1934 created Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473. It is also called the Firearms Transaction Record. The Commonwealth Attorney prosecutes cases of lying on this firearms application form. The answers provided to questions on the firearms application for purchase ATF Form 4473 and Form SP-65 will be the backbone to the prosecution’s case. Our lawyers will be reviewing your answers on these forms in great detail along with any documents from old cases regarding your status. [Click on Image for Form 4473]
Attempt to Possess Firearm By Convicted Felon
An “attempt to possess a firearm” violation typically refers to an individual’s intent to acquire or possess a firearm unlawfully. The actual possession or acquisition of the firearm does not occur. This violation often accompanies a false statement of firearms transaction form cases. These cases often hinge on the individual’s intent. If there is evidence to suggest that you had the intent to possess a firearm unlawfully, it may lead to charges. Your prior criminal record and legal history may impact the severity of charges and potential penalties. Cases involving convicted felons can lead to mandatory minimum jail sentences. If you’re facing such charges, it’s essential to consult with a firearms law criminal defense attorney experienced in firearms-related cases.
Private Sales And Firearm Application Forms
Federal law and Virginia law prohibit the transfer or sale of a firearm to any prohibited person whether the sale or transfer is conducted by a federally licensed firearms dealer or a private citizen. The private sale or transfer of a firearm conducted in Virginia by Virginia residents is permissible but a background check must still be completed. According to Va Code 18.2-308.2:5, no person shall sell a firearm for money or anything of value unless a successful background check has been conducted by a gun dealer. This law mentions nothing about the gifting of a firearm during a private transaction.
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5/28/2021 | Updated 10/6/2024