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Search results

  1. John Pierce

    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 firearms. Those who reach out to me are roughly divided into two groups...
  2. John Pierce

    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. I fully answer the question on...
  3. John Pierce

    The forum is now running on XenForo

    Over the last 24 hours I have migrated the forum to a new server and, more interestingly, to a new software platform. We have been using vBulletin 4 for a loooong time and it is at its end-of-life. vBulletin has a separate product (which you must buy new rather than being in the upgrade path)...
  4. John Pierce

    A new warrior in Valhalla

    It is with great sadness that I must report that Grapeshot ... my friend, and one of the greatest advocates for gun rights the Commonwealth has ever had ... has passed away. :cry: I, this site, and all the people who use it to communicate and socialize, owe him a debt that I am not sure I can...
  5. John Pierce

    Ad Blocker Whitelisting Prompt

    Those of you who are running ad blocking software and who have not yet whitelisted the OCDO forum will now get a gentle, pleading reminder every few days asking you to support the forum by whitelisting the site. I run ad blocking software myself and get infuriated by the obtrusive ads that many...
  6. John Pierce

    Moving to new server tomorrow (08/03/2016)

    On Wednesday August 3rd, 2016, we will be moving the forum to a new, larger server running an updated version of the Operating System and the vBulletin software. In addition to increasing the speed, this is also required for security purposes. Because of these multiple changes, I expect...
  7. John Pierce

    Understanding 41P / 41F

    The other shoe has finally dropped … As many have been predicting since the action date was moved to January last month, yesterday the Attorney General signed a final version of 41P (now known as 41F). The final rule, which will go into effect 180 days after it has been published in the...
  8. John Pierce

    Any time that OpenCarry.org is down you can check the status at ...

    http://status.opencarry.org/ This service will allow us to communicate with you in the future if there are incidents such as the DDOS attack that our hosting provider has suffered over the last few days. Thanks! John
  9. John Pierce

    What’s going on with 41p now?

    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 pointed out numerous legal flaws in their proposed regulation. They have responded by continually kicking the can...
  10. John Pierce

    The Open Carry and Strict Scrutiny bill has been filed

    The last version of this thread turned into nothing more than a couple of members attacking Florida Carry. That is in clear violation of the rules of the site and is counter to the interests of the community. Therefore, I have deleted the entire thread and have started a new one. I am not...
  11. John Pierce

    Understanding expungements in Virginia

    In the 80’s cult-classic movie The Princess Bride, Wallace Shawn, playing Sicilian criminal mastermind Vizzini, keeps saying that things are “inconceivable” despite the fact that they are both conceivable and happening with alarming frequency. After observing this silently for a good portion of...
  12. John Pierce

    Applying for a Virginia Concealed Handgun Permit after your gun rights have been rest

    I recently wrote an article in which I described how to complete the ATF Form 4473 and the accompanying Virginia state form when purchasing a firearm after having your gun rights restored. In that article I noted that the instructions for those forms lay out exemptions which allow you to...
  13. John Pierce

    Beware of fraudulent Form 4’s

    A few months ago I received a call from a client who wanted to buy a machine gun from a fellow collector but he wanted to know what he could do to protect himself during the time between the submission of the Form 4 and the approval of the tax stamp. His concern is a valid one. The...
  14. John Pierce

    VA courts have no power to restore gun rights to those convicted of misdemeanor DV

    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) While a misdemeanor crime of...
  15. John Pierce

    A 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 to go hunting then the...
  16. John Pierce

    Virginia now recognizes the gun rights restorations of all other states

    Back in August of last year I wrote an article entitled “Will Virginia honor a gun rights restoration from another state?” In that article I noted that the answer was “unfortunately … a resounding ‘no!’” But thanks to legislation introduced by Delegate Webert, and championed by the Virginia...
  17. John Pierce

    Non-residents may now get their gun rights restored in Virginia

    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, successfully applied to Governor McDonnell...
  18. John Pierce

    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 an FFL needed to be involved in the transfer process or if he...
  19. John Pierce

    The ATF has pushed the date for 41P back yet again

    Not a single day goes by without someone asking me about ‘ATF banning the use of trusts.‘ I long ago started translating those words in my mind to ‘Please explain the details of 41p and regulatory rulemaking to me.‘ So what is the status of 41p now? The ATF has once again pushed the...
  20. John Pierce

    Is a background check required when picking up NFA items from a dealer for a trust?

    Over the last two days I have been asked this question multiple times. It seems that there is a great deal of confusion over this issue among both NFA owners and dealers. However, I do not say this to disparage those who are confused. Many of those who believe that a background check is...
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