Category Archives: Purchasing 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

Purchasing a firearm after your gun rights have been restored following a felony conviction

In Virginia, anyone convicted of a state-level felony who has had his or her political rights restored by the Governor or other appropriate authority may petition the circuit court where they reside for restoration of their gun rights. If you … Continue reading

Posted in ATF, Background Checks, BATFE, Criminal Law, Gun Rights Restoration, Purchasing Firearms, Virginia Law, Virginia State Police | Comments Off on Purchasing a firearm after your gun rights have been restored following a felony conviction