No–a convicted felon cannot own a gun in the state of Virginia. However, for some, there are legal paths to having those rights restored.
Below, we’ll discuss various strategies for having gun rights restored after a felony conviction has been expunged. We’ll also talk about why it’s important that you seek the assistance of a qualified Virginia gun rights restoration attorney when attempting to pursue legal means of vacating a felony conviction.
How Can Gun Rights Be Restored?
There are a number of strategies available when attempting to get gun rights restored to a convicted felon; all of them however will require approval from the court.
Expungement
In simple terms, expungement is the act of having a conviction wiped from your record. This means the conviction will not show up on a background check because, legally speaking, the conviction never happened.
However, expungement is not something anyone can apply for. You need to meet very specific conditions. You must be found not guilty, have the charges dropped, or have it conclusively proven that someone else was using your name when committing the felony.
Expungement is further complicated by the fact that simply having the charges dropped or being found not guilty does not automatically expunge someone’s record. A petition must be filed with the court and a judge will determine if the conviction can be expunged. Courts examine several factors when granting expungement, including whether or not you have committed other serious crimes or are still awaiting trial on other felony charges.
Because of the complex nature of expungement requests, it’s recommended that you seek the services of a reputable attorney, like those at Coastal Virginia Law, who can help guide you through the process.
Governor or Presidential Pardon
Another way to get one’s gun rights restored is to seek a governor’s pardon for state crimes or a presidential pardon for federal crimes. A pardon is similar to an expungement, except it is granted at the state or federal level directly by the executive office. While it may sound simple, each year hundreds of thousands of people apply for governor or presidential pardons, and only thousands are approved. Once again, this process is best done with a qualified attorney.
Exceptions to Expungement and Pardon
Simply having one felony expunged may not restore gun ownership if that person has committed other crimes. For example, if you have a felony conviction expunged in the state of Virginia, but have a felony conviction from another state, your gun rights will not be restored. This is because it is federally illegal for a felon to own a firearm and is therefore illegal in all U.S. states and territories.
Besides other felony convictions, there are a few reasons one may have their gun rights denied.
Domestic Violence Charges
Despite being a misdemeanor, studies have shown those who have been convicted of domestic abuse may go on to kill or seriously harm their significant other if they have access to a firearm. For this reason, a domestic violence charge will often prevent someone from owning a firearm.
Being Declared Mentally Unfit
Those who have had a mental crisis and have been held in a psychiatric facility may have their gun rights revoked if the doctors believe they are a danger to themselves or others.
Other Misdemeanors
Some specific misdemeanor crimes may result in a person’s gun rights being temporarily suspended. Typically, this is a period of three to five years, but the details depend on the crime committed and the circumstances.
Consulting With an Attorney
If you are a convicted felon and wish to obtain a firearm, you should reach out to a qualified attorney such as those at Coastal Virginia Law Firm. An attorney can examine your situation and determine if you are legally allowed to own a firearm, and they can suggest options for restoring your gun rights if you believe you were wrongfully convicted. A qualified attorney can also help if you have not been found guilty but have recently been denied firearm ownership.