Category Archives: Federal Law

What’s going on with 41p now?

UPDATE:  The final rule has been released ————————————————— Since the comment period for 41p ended on December 9th, 2013, we have been waiting to see how the ATF would respond to the record breaking number of comments they received, which … Continue reading

Posted in 41P, Administrative Law, AOW, ATF, BATFE, CLEO Sign-Off, Federal Law, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns, Tax Stamp | Comments Off on What’s going on with 41p now?

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

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Virginia Law | Comments Off on A gun rights restoration order with conditions is effectively a denial

What to do if you inherit firearms located in another state

A client contacted me recently and asked how a Virginia resident would legally take possession of firearms (non-NFA) that had been left to him in a will by someone who lived in another state. He specifically asked whether or not … Continue reading

Posted in Federal Law, Inheriting Firearms, Interstate Firearm Transfers, Interstate Travel, Virginia Law | Comments Off on What to do if you inherit firearms located in another state

Crossing state lines with inherited and gifted firearms

I received an email today from a client who had a question about receiving firearms from an out-of-state relative. He wanted to make sure that the transfer was conducted legally under federal law as well as the laws of both … Continue reading

Posted in Estate Planning, Federal Law, Gifting Firearms, Interstate Firearm Transfers, Interstate Travel, Virginia Law | Comments Off on Crossing state lines with inherited and gifted firearms