Category Archives: Federal Law

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

It seems like I hear the question at least once a week. “Can convicted felons possess black powder firearms?”  And often when I answer the question for a client, I will get a call back from their friend/brother/cousin who will … 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

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Virginia Law | Comments Off on A gun rights restoration order with conditions is effectively a denial

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

Crossing state lines with inherited and gifted firearms

I received an email today from a client who had a question about receiving firearms from an out-of-state relative. He wanted to make sure that the transfer was conducted legally under federal law as well as the laws of both … Continue reading

Posted in Estate Planning, Federal Law, Gifting Firearms, Interstate Firearm Transfers, Interstate Travel, Virginia Law | Comments Off on Crossing state lines with inherited and gifted firearms

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?

Is the $200 tax on an NFA item deductible on your federal return?

It is the start of a new year, and many of us are reluctantly turning our attention to the filing of taxes. That was certainly the case for the client who emailed me this morning and asked whether or not … Continue reading

Posted in ATF, BATFE, Federal Law, IRS, NFA Transfers, Tax Stamp | Comments Off on Is the $200 tax on an NFA item deductible on your federal return?

Who can ask to see my tax stamp?

I tell all of my clients to keep a copy of both their approved tax stamps and their NFA trust on them at all times they are in possession of their NFA items.   But if you follow that advice … Continue reading

Posted in Federal Law, Machine Guns, NFA Trusts, SBR, Short Barreled Rifles, Short Barreled Shotguns, Tax Stamp, Virginia Law | Comments Off on Who can ask to see my tax stamp?