Marshall v. Commonwealth (P)

The defendant was properly convicted of violating Code § 18.2-308.2:2 by making a false statement on a federal Alcohol Tobacco & Firearms Form 4473 in his attempt to obtain a firearm from a licensed Virginia dealer. He indicated on the form that he hadn’t been convicted of a misdemeanor crime of domestic violence despite his prior conviction for assault and battery against a family member in violation of Code § 18.2-57.2.

The court holds that any conviction for violating Code § 18.2-57.2 involves a sufficient use of physical force to qualify as a conviction for a “misdemeanor crime of domestic violence” as that term is used in 18 U.S.C. § 921(a)(33). Accordingly, the defendant’s prior conviction order, coupled with his statement that the incident involved his former spouse, established that he’d previously been convicted of a misdemeanor crime of domestic violence. Therefore, the evidence was sufficient to support his conviction.

Affirmed.

Marshall v. Commonwealth (P), No. 0270-18-3, Jan. 15, 2019. CAV (Russell) from Campbell (Cook).



Categories: Court of Appeals of Virginia, Opinions, Published

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