Category Archives: Virginia Law

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

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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

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

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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

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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

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