Author Archives: John Pierce

May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

I have written before about the differences between Virginia law and federal law where the age to acquire, possess, and carry handguns is concerned. In that article I note that FFL’s are prohibited under 18 USC § 922(b)(1) from ‘selling or delivering‘ … Continue reading

Posted in Age To Possess, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Range Issues, Virginia Law | Comments Off on May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

Does putting a bipod on a pistol make it an AOW?

I received an email this morning from a client asking whether or not they could add a bipod to their pistol without making it an AOW. As I have pointed out on more than one occasion, the answer to almost … Continue reading

Posted in Administrative Law, AOW, AR Pistols, ATF, ATF Guidance Letters, BATFE, Criminal Law, Firearms Technology Branch, Stabilizing Brace | Comments Off on Does putting a bipod on a pistol make it an AOW?

Virginia Gun Rights Restoration Failures

If you call me with a tax law question, I am going to refer you to an attorney who practices tax law.  The same is true with all the other areas of law that are outside my wheelhouse. The reason … Continue reading

Posted in ATF, BATFE, Criminal Law, Federal Law, Gun Rights Restoration, US Supreme Court, Virginia Law, Virginia State Police | Comments Off on Virginia Gun Rights Restoration Failures

The current application form for a Virginia CHP misstates the requirements for certain restoration scenarios

In assisting one of my clients I have discovered several errors in the current version of the Application for a Concealed Handgun Permit (SP-248) that I believe need to be corrected. The issues are on page 2 in the Form … Continue reading

Posted in CHP, Concealed Handgun Permit, Gun Rights Restoration, SP-248, Virginia Law, Virginia State Police | Comments Off on The current application form for a Virginia CHP misstates the requirements for certain restoration scenarios

Governor McAuliffe announces he will ‘expeditiously’ sign individual restoration orders

Following Friday’s decision by the Virginia Supreme Court striking down Governor McAuliffe’s blanket restoration of political rights, Governor McAuliffe was quick to issue an official response. For those clients who need their voting rights restoration in order to apply for restoration … Continue reading

Posted in Executive Orders, Gun Rights Restoration, Virginia Law, Virginia Supreme Court | Comments Off on Governor McAuliffe announces he will ‘expeditiously’ sign individual restoration orders

The Virginia Supreme Court has struck down Governor McAuliffe’s blanket restoration of political rights

In a ruling issued late today, the Virginia Supreme Court has struck down the Governor’s blanket restoration of the political rights of over 206,000 convicted felons who had completed their sentences and been released from supervised probation or parole. The 63 … Continue reading

Posted in Executive Orders, Gun Rights Restoration, State Constitutional Provisions, Virginia Law | Comments Off on The Virginia Supreme Court has struck down Governor McAuliffe’s blanket restoration of political rights

The complete guide to the new Form 4

You swore that you would not be buying any more NFA items after 41F went into effect. But now they have that great new suppressor down at the gun store and you have been hearing people talk about how the … Continue reading

Posted in 41F, 41P, BATFE, CLEO Notification, Fingerprinting, Form 23, Form 4, NFA Transfers, NFA Trusts | Comments Off on The complete guide to the new Form 4

Purchasing a firearm after your gun rights have been restored following a mental health adjudication

In Virginia, there are a number of mental health adjudications that can lead to a prohibition on the right to purchase, possess, and transport firearms. These include the following: Persons acquitted of a crime by reason of insanity Persons adjudicated … Continue reading

Posted in 4473, ATF, BATFE, Criminal Law, Federal Law, Gun Rights Restoration, Mental Health, Virginia Law | Comments Off on Purchasing a firearm after your gun rights have been restored following a mental health adjudication

Can you own body armor after having your gun rights restored?

Because of the imperfect intersection of local, state, and federal laws, there are a number of legal questions that arise when a felon has their gun rights restored. Today’s question is whether a person who was convicted of a felony and … Continue reading

Posted in Body Armor, Criminal Law, Federal Law, Gun Rights Restoration, Virginia Law | Comments Off on Can you own body armor after having your gun rights restored?

The complete guide to the new Form 1

It’s time to submit a new Form 1 but July 13th has come and gone, 41F is fully in effect, and eForms, despite its tendency to crash every 15 minutes, is now nothing more than a cherished but fading memory. … Continue reading

Posted in 41F, 41P, ATF, BATFE, CLEO Notification, Form 1, Form 23, NFA Trusts, Responsible Persons | Comments Off on The complete guide to the new Form 1