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FOLTZ v. DEPARTMENT OF STATE POLICE

Record No. 0241-09-2.

684 S.E.2d 841 (2009)

55 Va. App. 182

Festus Brian FOLTZ, Jr. v. DEPARTMENT OF STATE POLICE.

Court of Appeals of Virginia, Richmond.

November 17, 2009.

Attorney(s) appearing for the Case

Nadir N. Tawil (Nadir N. Tawil, P.C., on briefs), Fairfax, for appellant.

J. Robert Bryden, II, Assistant Attorney General (William C. Mims, Attorney General; Shannon Y. Dion, Assistant Attorney General, on brief), for appellee.

Present: ELDER and ALSTON, JJ., and CLEMENTS, S.J.

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.

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