Category Archives: Virginia Law

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?

Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration

In 1994, Paul Anthony Leone was convicted of felony possession of marijuana in Virginia.  This conviction stripped him of both his political rights and his right to possess firearms. Years later, in 2012, Mr. Leone, now living in North Carolina, … Continue reading

Posted in Criminal Law, Federal Law, Gun Rights Restoration, Mental Health, Virginia Law | Comments Off on Governor signs bill allowing non-residents with a VA mental health prohibition to petition for gun rights restoration