Category Archives: Criminal Law

Does a center console count as a ‘secured container’ for purposes of the Virginia concealed carry law?

Last year I received a call from a prospective client who had been charged with carrying a concealed firearm without a permit.  For purposes of this article, we will call him ‘Bob’. Bob had been initially appointed counsel and was … Continue reading

Posted in Concealed Handgun Permit, Criminal Law, Virginia Concealed Handgun Permit, Virginia Courts, Virginia Law | Comments Off on Does a center console count as a ‘secured container’ for purposes of the Virginia concealed carry law?

Private sales to Curio and Relic license holders under Virginia’s new universal background check law

Since Virginia’s so-called ‘universal background check’ law went into effect on July 1, 2020, there have been a number of questions about its applicability to different circumstances. I have previously written about whether one could still gift a firearm under … Continue reading

Posted in ATF, Background Checks, BATFE, Black Powder Firearms, C&R, Criminal Law, Curio and Relic, FFL 03, FFL Issues, Private Sales, Universal Background Checks, Virginia Law | Comments Off on Private sales to Curio and Relic license holders under Virginia’s new universal background check law

Can a private seller ship a Curio and Relic firearm directly to an out-of-state C&R FFL holder?

One of my clients called with this question today.  He was selling a firearm that happens to be listed on Section II of the latest Curios and Relics List and the buyer was a C&R FFL holder from another state. … Continue reading

Posted in C&R, Criminal Law, Curio and Relic, Federal Law, FFL 03, FFL Issues, Interstate Firearm Transfers, Private Sales | Comments Off on Can a private seller ship a Curio and Relic firearm directly to an out-of-state C&R FFL holder?

Can those with a misdemeanor domestic violence conviction own muzzle loaders?

This question involves the intersection of two complex areas of firearms law: The federal prohibition triggered by a misdemeanor conviction of a crime of domestic violence; and Whether black powder firearms are considered ‘firearms’ under state and federal law. Let’s … Continue reading

Posted in Black Powder Firearms, Criminal Law, Domestic Violence, Federal Law, Hunting, MCDV, Muzzle Loading Firearms, Purchasing Firearms, Virginia Law | Comments Off on Can those with a misdemeanor domestic violence conviction own muzzle loaders?

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