Category Archives: 4473

Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

Occasionally I will receive a call from a thoroughly confused potential client who has been denied a firearms purchase and doesn’t understand why. They were able to honestly answer all of the questions on the ATF Form 4473 in the … Continue reading

Posted in 4473, Administrative Law, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Prohibited Persons, Purchasing Firearms, Regulatory Rulemaking | Comments Off on Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

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?

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

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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

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Completing a Form 4 after your gun rights have been restored

A number of my clients who have succeeded in having their gun rights restored have since made full use of their restored rights. They have successfully purchased one or more Title I firearms, applied for a concealed carry permit, and are now ready to add … Continue reading

Posted in 4473, ATF, BATFE, Form 4, Gun Rights Restoration, NFA Transfers, NFA Trusts, Purchasing Firearms, Tax Stamp, Virginia Concealed Handgun Permit | Comments Off on Completing a Form 4 after your gun rights have been restored

Is a background check required when picking up NFA items from a dealer for a trust?

Over the last two days I have been asked this question multiple times.  It seems that there is a great deal of confusion over this issue among both NFA owners and dealers. However, I do not say this to disparage … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, Background Checks, BATFE, Federal Law, FFL 03, FFL Issues, NFA Transfers, NFA Trusts, SP-65, Virginia State Police | Comments Off on Is a background check required when picking up NFA items from a dealer for a trust?