Category Archives: Federal Law

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

Posted in 4473, ATF, BATFE, Consignment, Federal Law, FFL Issues | Comments Off on Picking up a firearm from consignment

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?

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

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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

What’s going on with 41p now?

UPDATE:  The final rule has been released ————————————————— Since the comment period for 41p ended on December 9th, 2013, we have been waiting to see how the ATF would respond to the record breaking number of comments they received, which … Continue reading

Posted in 41P, Administrative Law, AOW, ATF, BATFE, CLEO Sign-Off, Federal Law, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns, Tax Stamp | Comments Off on What’s going on with 41p now?

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

Posted in Criminal Law, Domestic Violence, Federal Law, Gun Rights Restoration, Virginia Law | Comments Off on Virginia courts currently have no power to restore firearm rights to those convicted of misdemeanor domestic violence

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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What to do if you inherit firearms located in another state

A client contacted me recently and asked how a Virginia resident would legally take possession of firearms (non-NFA) that had been left to him in a will by someone who lived in another state. He specifically asked whether or not … Continue reading

Posted in Federal Law, Inheriting Firearms, Interstate Firearm Transfers, Interstate Travel, Virginia Law | Comments Off on What to do if you inherit firearms located in another state