Brooks v. Commonwealth

Opinion

BRAY, J.

Barry E. Brooks (defendant) was convicted of making a “materially false statement on a consent form” incidental to the purchase of a firearm, in violation of Code § 18.2-308.2:2, and sentenced to ten years imprisonment. Defendant now appeals, complaining that the statement in issue came in response to an inquiry not authorized by the statute and, therefore, not subject to its criminal sanctions. We agree and reverse the conviction.

The record discloses no substantive dispute in the evidence. On October 2, 1992, defendant entered “Jim’s Pawn Shop” in Emporia, Virginia, intending…