Category Archives: Criminal Law

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

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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?

Gun rights restoration is a state-by-state process

Since publishing my article about Virginia not recognizing out-of-state gun-rights restorations I have been inundated with questions. The first group of questions prompted a second article about whether a non-resident with a Virginia conviction could get their gun rights restored in … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Interstate Firearm Transfers, Interstate Move, Interstate Travel, Virginia Law | Comments Off on Gun rights restoration is a state-by-state process

Purchase, possession, and transportation of a firearm while under felony indictment in Virginia

A recent posting at OpenCarry.org reveals that, when asked by clients, many defense attorneys are themselves not completely sure of the effects of an indictment on the accused’s right to purchase, possess, or transport firearms. But an understanding of this … Continue reading

Posted in Criminal Law, Indictment, Interstate Travel, Virginia Law | Comments Off on Purchase, possession, and transportation of a firearm while under felony indictment in Virginia