Category Archives: Criminal Law

Avoiding AOW status with a permanently attached muzzle device on a pistol with a vertical foregrip

In my latest article I discussed how permanently attached muzzle devices become part of the barrel length and overall length of a firearm. With that understanding, a client asked me to revisit my earlier article about vertical foregrips.   As I … Continue reading

Posted in AOW, AR Pistols, ATF, ATF Ruling, Barrel Length, BATFE, CHP, Concealed Handgun Permit, Criminal Law, Federal Law, Firearms Technology Branch, Overall Length (OAL), SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Avoiding AOW status with a permanently attached muzzle device on a pistol with a vertical foregrip

May those prohibited from owning firearms due to a mental health issue hunt with black powder rifles?

I received a call from a potential client last week who was confused about the recent change to Virginia law regarding black powder firearms. The conversation went something like this: Client: “I heard that even if you can’t legally own … Continue reading

Posted in Black Powder Firearms, Criminal Law, Gun Rights Restoration, Hunting, Mental Health, Prohibited Persons, Purchasing Firearms, Virginia Law | Comments Off on May those prohibited from owning firearms due to a mental health issue hunt with black powder rifles?

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’

Non-violent felons in Virginia may now own certain black powder firearms

Last year I wrote an article admonishing those with felony convictions to not believe the oft-repeated rumor that felons can still possess, and hunt with, black powder firearms. In that article I noted that, while ‘antique firearms’ are not prohibited … Continue reading

Posted in Black Powder Firearms, C&R, Criminal Law, Curio and Relic, Federal Law, Felons, Gun Rights Restoration, Prohibited Persons, Virginia Law | Comments Off on Non-violent felons in Virginia may now own certain black powder firearms

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?