Kodak Black is facing weapons charges for lying on an official form while trying to buy a gun. Black faces both state and federal charges in relation to filling out false information on Form 4473 otherwise known as a Firearms Transactions Record. When asked if he was under indictment for any crime, Black checked ‘no’ which was the wrong answer.
Black is currently under indictment for the rape of a high school student in South Carolina. His defense attorney maintains that Black became confused over the word ‘indictment’. Black has been charged in the crime directly by South Carolina prosecutors and was never ‘indicted’ by a grand jury.
Taking a Look at Form 4473
While it remains unclear what Black did or did not know, the form in question can be cause for some confusion. Where it’s not confusing, it’s quite offensive. Among the basic information concerning the name and Social Security number of the applicant, the form requires that every applicant supply their “ethnicity” and “race”. In terms of choices for “ethnicity,” you can either be “Hispanic/Latino” or, you know, not Hispanic or Latino. Races include white, black, Asian, American Native, and Hawaiian/Pacific Islander. The form also asks petitioners to answer whether or not they are a ‘mental defective’.
The question that’s at question here can be found under 11b of the form: Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year? The form also supplies information on how to answer this question properly, but that information uses the exact same terminology found in the above question: Furthermore, section 922(n) prohibits the shipment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.
In other words, the form uses unclear legalese and is open to interpretation as to whether or not the clause requires an indictment from a grand jury. However, the inclusion of the definition of “an information” may be enough to convict Black on these charges.
Kodak Black Has Had Serious Legal Problems
Aside from the rape and weapons charge, Kodak Black has faced charges related to the unlawful possession of firearms and drug charges related to a party that he hosted at his Broward County home. Those charges were eventually dropped. However, at the time of the rest, Black was facing other charges related to robbery and false imprisonment.
Despite that, he and his attorney have a point concerning the form. Those who apply for the possession of weapons are not attorneys and may not be aware of some of the nuances of certain terminology. Even attorneys can be confused by ambiguity which is why legal documents have clearly defined terms.
Talk to a West Palm Beach Criminal Attorney Today
If you’ve been charged with a crime in West Palm Beach, you need a defense attorney who knows the law and won’t let you be railroaded by sloppy police work, witnesses who aren’t credible and a weak case. Talk to the West Palm Beach criminal attorneys at the Skier Law Firm P.A. and we can begin working on your defense immediately.