I recently wrote an article in which I described how to complete the ATF Form 4473 and the accompanying Virginia state form when purchasing a firearm after having your gun rights restored.
In that article I noted that the instructions for those forms lay out exemptions which allow you to answer ‘No‘ to the question of whether you have ever been convicted of a felony following a restoration of your gun rights.
However, it is important to note that there are other applications which will ask the same question and which will require a ‘Yes‘ answer.
A perfect example of this is the application for a Virginia Concealed Handgun Permit (form SP-248).
On this form, question 8a asks whether you have ever been convicted of a felony. When completing the SP-248 following a restoration of your gun rights, you should answer this question ‘Yes’ and then complete Form 1, Part B on page 2 of the application and provide a copy of your restoration order with your application.
You should also know that it is within the Court’s discretion to deny this permit despite the fact that your rights have been restored if they feel you would use a concealed firearm in a manner inconsistent with public safety. If you receive such a denial, I would be happy to discuss representing you in appealing the decision.
Finally, I want to reiterate that, while this restoration removes both your federal and Virginia disabilities, it does not necessarily remove the prohibitions in any other state.
Before possessing a firearm in any state other than Virginia you should consult with an attorney licensed to practice law in that state to determine whether that state recognizes gun rights restoration proceedings from other states and, if so, whether Virginia’s process meets their requirements.
This is important! Let me state this one more time.
- Even though you have had your gun rights restored in Virginia;
- and even though you have been granted a Virginia Concealed Handgun Permit;
- and even though many states recognize the Virginia Concealed Handgun Permit;
- and even though Virginia now recognizes the gun rights restorations of all other states;
- … this does NOT mean that the opposite is necessarily true!
For more information, see my previous article where I discussed why gun rights restoration is a state-by-state process.
