Category Archives: Virginia Law

Do I lose my gun rights if I voluntarily seek mental health treatment?

The criteria for which types of mental health issues might give rise to a gun rights prohibition under either state or federal law is staggeringly complex. For the average citizen, unfamiliar with researching and parsing legal language, the task of understanding this … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, BATFE, Criminal Law, Federal Law, Mental Health, Purchasing Firearms, Virginia Law | Comments Off on Do I lose my gun rights if I voluntarily seek mental health treatment?

Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration

In 1994, Paul Anthony Leone was convicted of felony possession of marijuana in Virginia.  This conviction stripped him of both his political rights and his right to possess firearms. Years later, in 2012, Mr. Leone, now living in North Carolina, … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Mental Health, Virginia Law | Comments Off on Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration

Can felons hunt with crossbows in Virginia?

I have written before about the rampant confusion surrounding the issue of whether or not felons can possess, and hunt with, black powder firearms in Virginia. Spoiler alert … they cannot. But there is a separate question that comes up almost … Continue reading

Posted in Bows, Criminal Law, Crossbows, Federal Law, Felons, Gun Rights Restoration, Virginia Law | Comments Off on Can felons hunt with crossbows in Virginia?

Understanding the Virginia ban on ‘street sweeper’ shotguns

A question that arises quite frequently concerns the interpretation of the ‘like kind‘ language in the Virginia ban on Striker 12 Street Sweeper shotguns. With the popularity of semi-auto shotguns such as the Saiga and Vepr 12, these questions are … Continue reading

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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

The current application form for a Virginia CHP misstates the requirements for certain restoration scenarios

In assisting one of my clients I have discovered several errors in the current version of the Application for a Concealed Handgun Permit (SP-248) that I believe need to be corrected. The issues are on page 2 in the Form … Continue reading

Posted in CHP, Concealed Handgun Permit, Gun Rights Restoration, SP-248, Virginia Law, Virginia State Police | Comments Off on The current application form for a Virginia CHP misstates the requirements for certain restoration scenarios

Governor McAuliffe announces he will ‘expeditiously’ sign individual restoration orders

Following Friday’s decision by the Virginia Supreme Court striking down Governor McAuliffe’s blanket restoration of political rights, Governor McAuliffe was quick to issue an official response. For those clients who need their voting rights restoration in order to apply for restoration … Continue reading

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The Virginia Supreme Court has struck down Governor McAuliffe’s blanket restoration of political rights

In a ruling issued late today, the Virginia Supreme Court has struck down the Governor’s blanket restoration of the political rights of over 206,000 convicted felons who had completed their sentences and been released from supervised probation or parole. The 63 … Continue reading

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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