Category Archives: Domestic Violence

Post Bruen federal case rundown

United States v. Rahimi Issue Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face. Status February 2, 2023 / March 2, 2023 – The Fifth … Continue reading

Posted in 2A, 922(g), Bruen Decision, Court Rulings, Domestic Violence, Federal Court, Federal Law, Fifth Circuit, Opinion, SCOTUS, Second Amendment, US Supreme Court | Comments Off on Post Bruen federal case rundown

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?

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’

Do I lose my right to possess firearms if I live with a prohibited person?

This is a question that arises quite frequently.  “If my (husband / wife / boyfriend / girlfriend / parent / roommate) is a prohibited person does that mean I can’t have my legally owned firearms in my own home?” The … Continue reading

Posted in Criminal Law, Domestic Violence, Federal Law, Felons, Gun Rights Restoration, Mental Health, Prohibited Persons | Comments Off on Do I lose my right to possess firearms if I live with a prohibited person?

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