Category Archives: Criminal Law

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

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 old wives’ tale about black powder firearms and felons

UPDATE:  As of July 1, 2017 this article no longer accurately reflects current Virginia law. See my updated article for more details. It seems like I hear the question at least once a week. “Can convicted felons possess black powder firearms?”  … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Purchasing Firearms, Virginia Law | Comments Off on The old wives’ tale about black powder firearms and felons

Are folding stocks legal in Virginia?

Every so often I get an email or a phone call from someone who is convinced that folding stocks are illegal in Virginia. Just to be clear … these people are wrong. Folding stocks are certainly legal in Virginia! So … Continue reading

Posted in Criminal Law, Virginia Concealed Handgun Permit, Virginia Law | Comments Off on Are folding stocks legal in Virginia?

Does ASAP count as ‘mandatory outpatient treatment’ when applying for a Virginia CHP?

I received an email today from someone who was confused by the language on the Virginia Concealed Handgun Permit application.  For simplicity sake I will call her Terry (not her real name) throughout the rest of this article. Terry had been … Continue reading

Posted in Criminal Law, Virginia Concealed Handgun Permit, Virginia Law, Virginia State Police | Comments Off on Does ASAP count as ‘mandatory outpatient treatment’ when applying for a Virginia CHP?

Understanding expungements in Virginia

In the 80’s cult-classic movie The Princess Bride, Wallace Shawn, playing Sicilian criminal mastermind Vizzini, keeps saying that things are “inconceivable” despite the fact that they are both conceivable and happening with alarming frequency. After observing this silently for a … Continue reading

Posted in Criminal Law, Expungement, Virginia Law | Comments Off on Understanding expungements in Virginia

Applying for a Virginia Concealed Handgun Permit after your gun rights have been restored

I recently wrote an article in which I described how to complete the ATF Form 4473 and the accompanying Virginia state form when purchasing a firearm after having your gun rights restored. In that article I noted that the instructions … Continue reading

Posted in Criminal Law, Gun Rights Restoration, Interstate Travel, SP-248, Virginia Concealed Handgun Permit, Virginia Law, Virginia State Police | Comments Off on Applying for a Virginia Concealed Handgun Permit after your gun rights have been restored

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