Category Archives: Federal Law

Common mistakes when completing a Form 20

Whenever you need to temporarily or permanently transport a Short-Barreled Rifle (SBR), Short-Barreled Shotgun (SBS), Machinegun, or Destructive Device (DD) across state lines, you will need an approved ATF Form 5320.20 (more commonly known as just Form 20) before doing … Continue reading

Posted in Administrative Law, ATF, BATFE, Destructive Devices, Federal Law, Form 20, Interstate Move, Interstate Travel, Machine Guns, NFA Trusts, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Common mistakes when completing a Form 20

Can I purchase a stripped lower from an out-of-state dealer?

I was recently contacted by a gun owner who attempted to purchase a stripped lower from an out-of-state dealer and the dealer refused the sale.  The dealer had completely confused the issue by telling him that stripped lowers must be … Continue reading

Posted in 4473, 80% Lower, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Interstate Firearm Transfers, Non Resident Issues, Purchasing Firearms | Comments Off on Can I purchase a stripped lower from an out-of-state dealer?

What impact will the Fix NICS bill have on NICS appeals?

I was recently debating with a gun control advocate about the increased burden that is imposed on law-abiding gun owners when we add more and more records to the NICS system.  I was specifically discussing the prevalence of erroneous matches. … Continue reading

Posted in ATF, Background Checks, BATFE, Due Process, Federal Law, Fix NICS, NICS, Prohibited Persons, Purchasing Firearms | Tagged | Comments Off on What impact will the Fix NICS bill have on NICS appeals?

Do I need an FFL if all I am going to do is manufacture and sell cast bullets?

I received a call from a client last week asking this question. He wanted to start a business manufacturing cast bullets which he would then sell online and at flea markets. He was hoping that, because he was only dealing … Continue reading

Posted in Administrative Law, AECA, Ammunition, Ammunition Components, ATF, BATFE, Federal Law, FFL Issues, ITAR, Manufacturing, USML | Comments Off on Do I need an FFL if all I am going to do is manufacture and sell cast bullets?

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

When does the length of my flash hider or suppressor add to the barrel length or overall length of my firearm?

This is an understandably common question since the length of a firearm’s barrel and the overall length (OAL) of a firearm both factor into the determination of whether said firearm is regulated under the National Firearms Act (NFA). The ATF … Continue reading

Posted in AOW, ATF, Barrel Length, BATFE, Federal Law, Overall Length (OAL), SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on When does the length of my flash hider or suppressor add to the barrel length or overall length of my firearm?

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?

May a gunsmith or manufacturer ship a firearm they have repaired directly to the owner?

A client recently asked this question.  He specifically wanted to know if the rules differ when the customer is in a different state than the manufacturer or gunsmith. Given the myriad laws and regulations which govern both the transfer and shipment … Continue reading

Posted in ATF, BATFE, Federal Law, FFL Issues, Gunsmithing, Interstate Firearm Transfers, Manufacturing, Shipping Firearms | Comments Off on May a gunsmith or manufacturer ship a firearm they have repaired directly to the owner?