Category Archives: Background Checks

Green card holders and firearms

“May I purchase a firearm if I have a green card?” Some version of this question shows up in my email almost every week. It is hardly surprising since there is a great deal of confusion concerning green card holders and … Continue reading

Posted in 4473, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Green Card Holders, Prohibited Persons, Purchasing Firearms | Comments Off on Green card holders and firearms

What impact will the Fix NICS bill have on NICS appeals?

I was recently debating with a gun control advocate about the increased burden that is imposed on law-abiding gun owners when we add more and more records to the NICS system.  I was specifically discussing the prevalence of erroneous matches. … Continue reading

Posted in ATF, Background Checks, BATFE, Due Process, Federal Law, Fix NICS, NICS, Prohibited Persons, Purchasing Firearms | Tagged | Comments Off on What impact will the Fix NICS bill have on NICS appeals?

Virginia convictions which meet the federal definition of ‘misdemeanor crime of domestic violence’

Perhaps the least-understood federal firearms prohibitions are those codified at 18 U.S.C. 922(d)(9) and (g)(9). These two sub-sections generally prohibit the acquisition, possession, and transportation of firearms by any person “who has been convicted in any court of a misdemeanor … Continue reading

Posted in ATF, Background Checks, BATFE, Criminal Law, Domestic Violence, Federal Law, Prohibited Persons, Purchasing Firearms, SCOTUS, US Supreme Court, Virginia Law, Virginia State Police | Comments Off on Virginia convictions which meet the federal definition of ‘misdemeanor crime of domestic violence’

Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

Occasionally I will receive a call from a thoroughly confused potential client who has been denied a firearms purchase and doesn’t understand why. They were able to honestly answer all of the questions on the ATF Form 4473 in the … Continue reading

Posted in 4473, Administrative Law, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Prohibited Persons, Purchasing Firearms, Regulatory Rulemaking | Comments Off on Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

Understanding 41P / 41F

The other shoe has finally dropped … As many have been predicting since the action date was moved to January last month, yesterday the Attorney General signed a final version of 41P (now known as 41F). The final rule, which … Continue reading

Posted in 41F, 41P, ATF, Background Checks, BATFE, CLEO Notification, CLEO Sign-Off, eForms, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns | Tagged | Comments Off on Understanding 41P / 41F