Foltz v. Department of State Police

CLEMENTS, Judge.

Festus Brian Foltz, Jr. (“Foltz”) brought a declaratory judgment action pursuant to Code §§ 18.2-308.2:2(E) and 9.1-135 seeking a ruling that his prior conviction for assault and battery pursuant to Code § 18.2-57.2 against his wife did not render him ineligible to purchase a firearm under federal law. The Department of State Police (“DSP”) demurred, and the trial court sustained the demurrer and dismissed Foltz’s action.

On appeal, Foltz maintains the trial court erred in concluding that his prior conviction was a “misdemeanor conviction of domestic violence” (“MCDV”) under 18…