Category Archives: Domestic Violence

Important Supreme Court decisions that are expected by the first week of July

The clock is ticking down for several key Supreme Court cases that impact the firearms community. The first of these cases is United States v. Rahimi which concerns the constitutionality of 18 U.S.C. § 922(g)(8), a federal law that prohibits … Continue reading

Posted in Administrative Deference, Administrative Law, ATF Ruling, BATFE, Bruen Decision, Bump Fire Stocks, Court Rulings, Domestic Violence, Due Process, Federal Court, Federal Law, Machine Guns, Prohibited Persons, Regulatory Rulemaking, SCOTUS, Second Amendment | Comments Off on Important Supreme Court decisions that are expected by the first week of July

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?