Category Archives: Virginia Law

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’

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

Is a charge eligible for expungement if it was dismissed following a deferred disposition?

Virginia offers the possibility of a ‘deferred disposition’ for first time offenders of a number of crimes, including most misdemeanor ‘property’ crimes. In a deferred disposition case, the judge will: a)  Hold that the facts are sufficient for a finding … Continue reading

Posted in Criminal Law, Deferred Disposition, Expungement, First Offender, Virginia Law, Virginia Supreme Court | Comments Off on Is a charge eligible for expungement if it was dismissed following a deferred disposition?

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?