Category Archives: Virginia State Police

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

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?

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 now recognizes the gun rights restorations of all other states

Back in August of last year I wrote an article entitled “Will Virginia honor a gun rights restoration from another state?” In that article I noted that the answer was “unfortunately … a resounding ‘no!’” But thanks to legislation introduced … Continue reading

Posted in Background Checks, Gun Rights Restoration, Non Resident Issues, Virginia Law, Virginia State Police | Comments Off on Virginia now recognizes the gun rights restorations of all other states

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?

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?