Smith v. Commonwealth
57 Va. App. 319
Va. Ct. App.2010Background
- Smith was arrested in June 2006 for felony possession of marijuana with intent to distribute; the GDC continued the case and he remained free on bail.
- In September–November 2007, defense counsel notified Smith the charge had been certified to the grand jury and a trial date was set for January 2008.
- On November 15, 2007, Smith went to a pawnshop to buy a .40 caliber handgun and completed ATF Form 4473.
- On Form 4473, Smith answered “No” to the question about being under indictment or information for a felony or crime punishable by more than one year.
- The pawnshop declined to complete the sale after a background check revealed the pending felony charge.
- Smith was charged under Code § 18.2-308.2:2 for making a false statement on the firearm purchase form and was found guilty by the trial court on appeal for willfully and intentionally making a false statement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith’s statement was false and therefore violative of § 18.2-308.2:2(K). | Smith argues he lacked scienter because he did not know the meaning of ‘indictment.’ | Commonwealth contends a false statement requires only willful and intentional conduct, regardless of understanding the term ‘indictment.’ | False statement; willful and intentional conduct established. |
| Whether the willfulness standard parallels the federal statute requiring knowledge. | Smith claims lack of knowledge defeats willfulness. | Commonwealth asserts willfulness can be proved by deliberate disregard of truth despite possible lack of knowledge. | Virginia statute requires willful and intentional conduct; evidence supports this standard. |
| Whether the evidence supports the conviction under § 18.2-308.2:2(K). | N/A | N/A | Evidence shows Smith knowingly answered ‘No’ to a question he was aware applied to indictment/information, supporting conviction. |
Key Cases Cited
- Richardson v. Commonwealth, 21 Va.App. 93, 462 S.E.2d 120 (1995) (statutory knowledge and falsity in ATF Form 4473 context)
- Brogan v. United States, 522 U.S. 398, 118 S. Ct. 805 (1998) (false statement on form requires knowing falsity)
- Hester v. United States, 880 F.2d 799, 802 (4th Cir. 1989) (1989) (willfulness includes deliberate disregard for truth to avoid learning the truth)