Author Archives: John Pierce

Do I lose my right to possess firearms if I live with a prohibited person?

This is a question that arises quite frequently.  “If my (husband / wife / boyfriend / girlfriend / parent / roommate) is a prohibited person does that mean I can’t have my legally owned firearms in my own home?” The … Continue reading

Posted in Criminal Law, Domestic Violence, Federal Law, Felons, Gun Rights Restoration, Mental Health, Prohibited Persons | Comments Off on Do I lose my right to possess firearms if I live with a prohibited person?

Do I lose my gun rights if I voluntarily seek mental health treatment?

The criteria for which types of mental health issues might give rise to a gun rights prohibition under either state or federal law is staggeringly complex. For the average citizen, unfamiliar with researching and parsing legal language, the task of understanding this … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, BATFE, Criminal Law, Federal Law, Mental Health, Purchasing Firearms, Virginia Law | Comments Off on Do I lose my gun rights if I voluntarily seek mental health treatment?

Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration

In 1994, Paul Anthony Leone was convicted of felony possession of marijuana in Virginia.  This conviction stripped him of both his political rights and his right to possess firearms. Years later, in 2012, Mr. Leone, now living in North Carolina, … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Mental Health, Virginia Law | Comments Off on Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration

Do you have to register for ITAR if you are only manufacturing AR-15 uppers?

In my last post I answered the question of whether or not an FFL is required if one is only manufacturing and selling AR-15 uppers. Almost immediately I was asked a follow-up question about whether or not a person who … Continue reading

Posted in AR-15, ATF, BATFE, Federal Law, ITAR, Manufacturing, Uppers | Comments Off on Do you have to register for ITAR if you are only manufacturing AR-15 uppers?

Do you need an FFL to manufacture and sell AR-15 uppers?

I was recently asked whether an FFL is required to manufacture and sell AR-15 uppers. The answer is ‘no‘ but I want to caution readers that this would not necessarily be the case if the upper in question was for a … Continue reading

Posted in AR-15, ATF, BATFE, Federal Law, FFL Issues, Manufacturing, Uppers | Comments Off on Do you need an FFL to manufacture and sell AR-15 uppers?

Can felons hunt with crossbows in Virginia?

I have written before about the rampant confusion surrounding the issue of whether or not felons can possess, and hunt with, black powder firearms in Virginia. Spoiler alert … they cannot. But there is a separate question that comes up almost … Continue reading

Posted in Bows, Criminal Law, Crossbows, Federal Law, Felons, Gun Rights Restoration, Virginia Law | Comments Off on Can felons hunt with crossbows in Virginia?

You no longer need to print ATF Form 1’s and Form 4’s double-sided

I received an email today from a client who had noticed that the latest downloadable versions of both the Form 1 and the Form 4 now have new instructions regarding the printing of the forms. Prior versions of both forms … Continue reading

Posted in 41F, ATF, BATFE, Form 1, Form 4, NFA Transfers | Comments Off on You no longer need to print ATF Form 1’s and Form 4’s double-sided

Understanding the Virginia ban on ‘street sweeper’ shotguns

A question that arises quite frequently concerns the interpretation of the ‘like kind‘ language in the Virginia ban on Striker 12 Street Sweeper shotguns. With the popularity of semi-auto shotguns such as the Saiga and Vepr 12, these questions are … Continue reading

Posted in Street Sweeper, Virginia Law | Comments Off on Understanding the Virginia ban on ‘street sweeper’ shotguns

In honor of our nation’s veterans

As a nation we tend to talk about ‘rights’ and ‘freedoms’ as if they were something inevitable.  But a quick look around the world will demonstrate the folly of that assumption.  The ‘freedoms’ we enjoy and the ‘rights’ we claim … Continue reading

Posted in Opinion, Second Amendment | Comments Off on In honor of our nation’s veterans

Picking up a firearm from consignment

I received a call earlier today from one of my FFL clients asking about this topic. Specifically, they wanted me to verify whether or not the owner of a consignment firearm needs to complete a 4473 and NICS check in order to … Continue reading

Posted in 4473, ATF, BATFE, Consignment, Federal Law, FFL Issues | Comments Off on Picking up a firearm from consignment