Category Archives: Background Checks

Virginia convictions which meet the federal definition of ‘misdemeanor crime of domestic violence’

Perhaps the least-understood federal firearms prohibitions are those codified at 18 U.S.C. 922(d)(9) and (g)(9). These two sub-sections generally prohibit the acquisition, possession, and transportation of firearms by any person “who has been convicted in any court of a misdemeanor … Continue reading

Posted in ATF, Background Checks, BATFE, Criminal Law, Domestic Violence, Federal Law, Prohibited Persons, Purchasing Firearms, SCOTUS, US Supreme Court, Virginia Law, Virginia State Police | Comments Off on Virginia convictions which meet the federal definition of ‘misdemeanor crime of domestic violence’

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?

Understanding 41P / 41F

The other shoe has finally dropped … As many have been predicting since the action date was moved to January last month, yesterday the Attorney General signed a final version of 41P (now known as 41F). The final rule, which … Continue reading

Posted in 41F, 41P, ATF, Background Checks, BATFE, CLEO Notification, CLEO Sign-Off, eForms, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns | Tagged | Comments Off on Understanding 41P / 41F

Purchasing a firearm after your gun rights have been restored following a felony conviction

In Virginia, anyone convicted of a state-level felony who has had his or her political rights restored by the Governor or other appropriate authority may petition the circuit court where they reside for restoration of their gun rights. If you … Continue reading

Posted in ATF, Background Checks, BATFE, Criminal Law, Gun Rights Restoration, Purchasing Firearms, Virginia Law, Virginia State Police | Comments Off on Purchasing a firearm after your gun rights have been restored following a felony conviction

Virginia now recognizes the gun rights restorations of all other states

Back in August of last year I wrote an article entitled “Will Virginia honor a gun rights restoration from another state?” In that article I noted that the answer was “unfortunately … a resounding ‘no!’” But thanks to legislation introduced … Continue reading

Posted in Background Checks, Gun Rights Restoration, Non Resident Issues, Virginia Law, Virginia State Police | Comments Off on Virginia now recognizes the gun rights restorations of all other states

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?