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Thread: HB 1103 Criminal history record information check; making false statements; penalty.

  1. #1
    Regular Member TFred's Avatar
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    HB 1103 Criminal history record information check; making false statements; penalty.

    HB 1103: Criminal history record information check; making false statements; penalty.

    Criminal history record information check; making false statements; penalty.
    Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.


    I have no idea what the actual difference is between "willfully and intentionally" and "knowingly".

    TFred

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    HB 1103: Criminal history record information check; making false statements; penalty.

    Criminal history record information check; making false statements; penalty.
    Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.


    I have no idea what the actual difference is between "willfully and intentionally" and "knowingly".

    TFred
    Kinda hard to figure that one. I expect VCDL will be neutral.

  3. #3
    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    Kinda hard to figure that one. I expect VCDL will be neutral.
    The only thing that comes to mind is some kind of coercion. Seems like an odd change to make though. Would be interesting to hear the sponsor defend it in committee.

    TFred

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    Regular Member 2a4all's Avatar
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    Quote Originally Posted by TFred View Post
    HB 1103: Criminal history record information check; making false statements; penalty.

    Criminal history record information check; making false statements; penalty.
    Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.


    I have no idea what the actual difference is between "willfully and intentionally" and "knowingly".

    TFred
    It may be easier to prove "knowingly" v "willfully and intentionally" when prosecuting an offender?
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Regular Member TFred's Avatar
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    Quote Originally Posted by 2a4all View Post
    It may be easier to prove "knowingly" v "willfully and intentionally" when prosecuting an offender?
    That's the best I've heard so far!

    TFred

  6. #6
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    That's the best I've heard so far!

    TFred
    I suspect that's right TFred. It might be someone won their case using that as a technicality.

    West's Encyclopedia of American Law: This sort of supports that Idea.


    http://www.answers.com/topic/willful

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