Category Archives: Criminal Law

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

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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

Virginia courts currently have no power to restore firearm rights to those convicted of misdemeanor domestic violence

Earlier this year, I received an email from someone who claimed that they had successfully petitioned a circuit court to restore their firearm rights after having been convicted of misdemeanor domestic violence. There are three problems with this scenario: 1)  … Continue reading

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A gun rights restoration order with conditions is effectively a denial

Occasionally, during a gun rights restoration hearing, a Commonwealth’s Attorney will offer to drop their objection if certain conditions are placed upon the restoration. For example, if the petitioner has stated that their primary reason for seeking a restoration is … Continue reading

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Does the Castleman holding overrule White?

There seems to be some disagreement in the legal community here in Virginia as to whether or not the decision in United States v. Castleman handed down by the United States Supreme Court earlier this year overruled the 4th Circuit’s … Continue reading

Posted in 4th Circuit, ATF, BATFE, Criminal Law, Domestic Violence, Federal Law, Virginia Law, Virginia State Police | Comments Off on Does the Castleman holding overrule White?

Gun rights restoration is a state-by-state process

Since publishing my article about Virginia not recognizing out-of-state gun-rights restorations I have been inundated with questions. The first group of questions prompted a second article about whether a non-resident with a Virginia conviction could get their gun rights restored in … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Interstate Firearm Transfers, Interstate Move, Interstate Travel, Virginia Law | Comments Off on Gun rights restoration is a state-by-state process

Purchase, possession, and transportation of a firearm while under felony indictment in Virginia

A recent posting at OpenCarry.org reveals that, when asked by clients, many defense attorneys are themselves not completely sure of the effects of an indictment on the accused’s right to purchase, possess, or transport firearms. But an understanding of this … Continue reading

Posted in Criminal Law, Indictment, Interstate Travel, Virginia Law | Comments Off on Purchase, possession, and transportation of a firearm while under felony indictment in Virginia