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Virginia Felony Gun Rights Restoration Lawyer

Under Virginia Code §18.2-308.2, it is a felony for any individual who has been convicted of a felony to possess a firearm. However, Virginia law provides certain mechanisms by which convicted felons may have their gun rights restored. If you were previously convicted of a felony, an experienced Virginia gun lawyer can help you to understand what steps you must take in order to seek the restoration of your gun rights.

Restoration of Civil Rights

Section C of Virginia Code §18.2-308.2 sets forth the processes by which gun rights may be restored. Under this section, any individual who has been previously convicted of a felony and wishes to have his or her gun rights restored must first apply to the Governor of Virginia for the restoration of his or her civil rights. Such rights 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.

On April 22, 2016, Governor Terry McAuliffe signed an order restoring the civil rights of 206,000 Virginians who were previously convicted of a felony and had served their sentence and completed any supervised release.

If you were previously convicted of a felony, completed the corresponding terms of incarceration, and were released from supervised probation or parole as of April 22, 2016, this order restored your civil rights. Thus, you are no longer required to apply to the Governor of Virginia for civil restoration.

It is important to note that this order did not provide for the automatic restoration of future rights. However, upon signing the order, Governor Terry McAuliffe instructed the Secretary of the Commonwealth to prepare a similar order every month following April of 2016 in order to continue to restore the civil rights of eligible individuals in the future.

If you completed a required sentence or supervised release for a felony conviction after April 22, 2016, it is important to contact an experienced Virginia gun rights restoration lawyer to see if your civil rights were subsequently restored by such an order.

Restoration of Gun Rights

Following the restoration of your civil rights, you may be eligible to seek the restoration. Under Section C of Virginia Code §18.2-308.2, you may be eligible if:

  • Under Article V, Section 12 of the Constitution of Virginia, you have been pardoned for your offense or your political disabilities have been removed and the corresponding executive order was issued without any restrictions on your ability or right to possess, transport, receive, or ship firearms.
  • Following a felony conviction in a Virginia Circuit Court, the Court located in the jurisdiction in which you live or the court in which you were convicted has granted you permission to carry or possess a firearm without restriction.
  • Following a felony conviction in a state other than Virginia, the Governor or other legal authority of the state in which you were convicted has restored your civil and political rights and a legal authority in the state in which you were convicted has granted you permission to possess or carry a firearm without restriction.
  • Following a felony conviction in a federal court, the Bureau of Alcohol, Tobacco, and Firearms or other legal federal authority has removed any disabilities regarding your ability to possess or carry a firearm without restriction.

It is important to note that, as decided in Beecham v. United States, 511 U.S. 368 (1994), the restoration of gun rights is governed by the law of the convicting jurisdiction. Thus, if you have been convicted of a felony in Virginia and wish to have your gun rights restored, it is important to contact a Virginia gun rights lawyer to help you understand what actions you must take.

Contacting a Virginia Felony Gun Rights Restoration Lawyer

If you have been charged with a felony in a Virginia Circuit Court and wish to seek the restoration of your gun rights following completion of your sentence, it is important to contact a Virginia gun rights restoration lawyer.

Our lawyers are aware of the state and federal laws that may impact the restoration of your gun rights and can help you to understand the circumstances and requirements of your unique situation.

Contact us today to get in touch with a lawyer who can help you to seek restoration from the appropriate legal authority.

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