Category Archives: Purchasing Firearms

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?

Green card holders and firearms

“May I purchase a firearm if I have a green card?” Some version of this question shows up in my email almost every week. It is hardly surprising since there is a great deal of confusion concerning green card holders and … Continue reading

Posted in 4473, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Green Card Holders, Prohibited Persons, Purchasing Firearms | Comments Off on Green card holders and firearms

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?

May those prohibited from owning firearms due to a mental health issue hunt with black powder rifles?

I received a call from a potential client last week who was confused about the recent change to Virginia law regarding black powder firearms. The conversation went something like this: Client: “I heard that even if you can’t legally own … Continue reading

Posted in Black Powder Firearms, Criminal Law, Gun Rights Restoration, Hunting, Mental Health, Prohibited Persons, Purchasing Firearms, Virginia Law | Comments Off on May those prohibited from owning firearms due to a mental health issue hunt with black powder rifles?

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’

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?

Do I lose my gun rights if I voluntarily seek mental health treatment?

The criteria for which types of mental health issues might give rise to a gun rights prohibition under either state or federal law is staggeringly complex. For the average citizen, unfamiliar with researching and parsing legal language, the task of understanding this … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, BATFE, Criminal Law, Federal Law, Mental Health, Purchasing Firearms, Virginia Law | Comments Off on Do I lose my gun rights if I voluntarily seek mental health treatment?

The old wives’ tale about black powder firearms and felons

UPDATE:  As of July 1, 2017 this article no longer accurately reflects current Virginia law. See my updated article for more details. It seems like I hear the question at least once a week. “Can convicted felons possess black powder firearms?”  … Continue reading

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Completing a Form 4 after your gun rights have been restored

A number of my clients who have succeeded in having their gun rights restored have since made full use of their restored rights. They have successfully purchased one or more Title I firearms, applied for a concealed carry permit, and are now ready to add … Continue reading

Posted in 4473, ATF, BATFE, Form 4, Gun Rights Restoration, NFA Transfers, NFA Trusts, Purchasing Firearms, Tax Stamp, Virginia Concealed Handgun Permit | Comments Off on Completing a Form 4 after your gun rights have been restored