Anyone who’s been convicted of a felony under Virginia’s law automatically loses their civil rights, which includes the right to carry a firearm. However, former convicts can get their gun rights restored in VA after incarceration. This process starts with the restoration of your civil rights, then proceeds to the gathering of all the paperwork that proves that you can be trusted to carry firearms again. Restoring civil and gun rights can be a heavy endeavor—with a chance of being denied the restoration of your gun rights. But with an experienced attorney from Coastal Virginia Law Firm, you can find the guidance to ensure that you have everything you need to restore your rights after a conviction.
When Your Right to Own a Gun May Be Taken Away
Under federal law, people who have been convicted of a felony or some domestic violence misdemeanors, as well as those who are subject to court orders related to domestic violence or serious mental conditions, lose their rights to own a gun. In Virginia, the same is true; anyone who’s been convicted of a felony in the state loses their civil rights: the right to vote, to serve on a jury, to become a notary public, to run for office, and to carry firearms.
Who Is Eligible for Gun Rights Restoration?
In order to be eligible to restore your right to carry firearms, you must first be eligible to have your civil rights restored. The basic criterion for this is that you must no longer be incarcerated for your felony conviction, but the Secretary of the Commonwealth (SOC, i.e. the Governor, who has the sole discretion to restore civil rights) may also identify other standards you must meet to get your gun rights restored.
Along with your restored civil rights, you must also have no other criminal activities or felony charges involving firearms, have no violent criminal history, and have no recent criminal convictions to be eligible for gun rights restoration.
Some individuals, particularly those who have committed certain “crimes of violence” may be ineligible to restore their right to carry a firearm in VA.
How to get Gun Rights Restored in Virginia
There are two phases to restoring your gun rights in Virginia. The first step is to have your civil rights restored, then you can proceed with the process of restoring your right to carry a gun.
Civil Rights
People who are convicted of a felony in Virginia automatically lose their right to carry firearms, as well as their other civil rights; they can have these restored through the SOC. Individuals who are potentially eligible for civil rights will be reviewed by the VA office. This thorough investigation involves checking the person’s records with Virginia State Police, the Department of Corrections, and other state and county agencies to ensure that their right to carry firearms may be restored. If approved by the Governor, the SOC shall issue the individual’s personalized restoration orders.
Firearms Rights
Restoring firearms rights starts with a petition to a Virginia Circuit Court, which you can work through with the help of an attorney from Coastal Virginia Law Firm. To determine if your gun rights may be restored, the Court will consider the following:
- How violent the crimes were
- If a firearm was used to commit the felony or crime
- The length of conviction or incarceration
- The individual’s behavior after their release
- Any lawful purpose to seek the restoration of gun rights
The petition will help you separate yourself from your criminal record, allowing you to tell your story and prove that you can be trusted to carry firearms again. You’ll have to address your past convictions and explain the events surrounding them; you may also present proof of your good character in the form of letters and accounts from your family, friends, and peers.
After filing the petition, a prosecutor may either agree or object to the request. In the case of the former, a hearing may or may not be necessary to proceed with the restoration. Once your rights are restored, it’s important to send the order to the State so that all relevant law enforcement has a record of the restoration.
How Long Does Gun Rights Restoration Take?
Gun rights restoration can take several months to complete, with the length and circumstances depending on how your firearms rights were lost in the first place. Correct timing and proper guidance are key to ensuring that your Virginia gun rights restoration process runs smoothly. A competent guns rights attorney from Coastal Virginia Law Firm can help guarantee that you’re abiding by the rules and following the guidelines. A Virginia gun attorney can help you restore your rights after resolving your state felony conviction.
Are There Any Restrictions Once I Restore My Firearm Rights?
Once your firearms rights are restored, you’ll enjoy the same privileges and responsibilities as any other Virginia citizen who has the same rights. You will be able to buy and possess any type of firearm that can be lawfully obtained under Virginia law and federal law. That said, it’s best to take a refresher on what types of firearms you can have and what restrictions apply in the state to make sure you’re not breaking any rules.
Hire a Gun Rights Lawyer From Coastal Virginia Law
Getting your firearm rights restored can be a long and tricky process, but having an experienced attorney from Coastal Virginia Law by your side is an assurance that you can work through everything without a hitch. A Virginia gun lawyer can guide you through the proceedings and help you gather all the paperwork you need; they can also help equip you with the information you need to strengthen your petition. You’ll be able to carry a firearm like every other Virginia citizen again in no time! Speak to a gun rights lawyer from Coastal Virginia Law today.