Arrested in VA for trying to legally Purchase a Handgun
I wonder if his beating rendered him with a diagnosis of some sort of mental impairment. On the 4473 form there is a question asking if the applicant has ever been determined to be mentally defective or something like that.
I don't see entrapment. The charge was "willfully and intentionally make a materially false statement on the consent form, required by subsection B or C of 18.2-308.2:2"
According to the charge the crime was falsely filling out the form to purchase the hand gun. The police did not entice him to fill out the form. According to the post he did not remember the involuntary hospital stay, he truly believed that does not qualify within the definitions of the form, and, depending upon the facts of the involuntary commitment, may be able to legally purchase the firearm.
I have filled out these forms before, but not in VA. My recollection was that there was a question, have you ever been hospitalized without your consent? The box was obviously checked No, and the police are under the assumption it should have been Yes. The willfully and intentionally part of the crime does not seem to be established, but we are only getting one side of the story. What is especially damaging to the law enforcement’s claim of "willfully and intentionally" is that he was actively contacting the police questioning the denial.
If his side is true and there are no other facts, hopefully it will be dismissed before trial
If what he said is true, it will be dismissed and he has grounds for suit.
I don't think it is though.
In order to be disqualified you have to be confined in the hospital against your will. That takes an order by a Magistrate or Judge.
The state police wouldn't even know about it without the order.
Unfortunately, because of The Va Tech killings, involuntary commitment reporting is being pushed by the anti's....but n this case, there's more involved.