Restore Your Right To Carry A Gun After A Felony
Felony convictions or felony delinquency adjudications prohibit a person from knowingly and intentionally possess or transport any firearm or ammunition, any stun weapon, or any explosive material. Also, you are prohibited under Federal Law to possess a firearm if you are convicted of a misdemeanor crime of domestic violence. A Virginia state court cannot restore your right to possess a gun when you are convicted of misdemeanor domestic violence.
Among the many consequences of a felony conviction is that you automatically lose your right to possess a firearm and ammunition. If you were adjudicated delinquent of a felony offense as a juvenile at the age of 14 or older and you are under the age of 29, you cannot possess a firearm.
What Are The Steps To Restoring Gun Rights?
First, apply to the Governor of Virginia for the restoration of your civil rights. If the Governor grants the application to restore civil rights, the restoration will include the right to vote, the right to serve on a jury, the right to hold public office, and the right to serve as a notary public. It will not include your right to possess a gun. When you have had your civil rights restored by the Governor, you are then eligible to petition the circuit court to restore your gun rights.
A Virginia resident files the petition to restore their gun rights in the circuit court for the city or county where they live. As of July 1, 2015, a change in the law allows nonresidents to file a petition in the circuit court where they were last convicted of a felony.
The court has broad discretion and when it is asked to consider restoring a person’s right to possess a firearm. The law does not state any standard or factors that may be considered by the Court. It is important that the petition includes all information that will present you favorably to the Court. If there is a hearing, your evidence and arguments will be presented to the judge.
If we are successful, the judge will enter an order that allows you to carry, possess, transport a firearm and ammunition.
Want more info? Read the answers to some Frequently Asked Questions.
To set up a private meeting to discuss your Gun Restoration Rights, contact me or call me at 804-592-2058. My office is open Monday through Friday, from 8 a.m. until 6 p.m., and evenings and weekends by appointment. Credit cards accepted.