If you have been convicted of a felony or certain misdemeanors then both federal and state law prohibit you from purchasing, possessing, or transporting firearms.
However, in many cases it is possible for Virginia residents to have their gun rights restored.
§ 18.2-308.2(C) of the Code of Virginia provides for certain convicted persons to petition the circuit court of the jurisdiction in which he or she resides for a restoration of their right to possess firearms.
Am I eligible?
To determine whether you should consider pursuing a restoration of your gun rights, let’s walk through a few questions:
Is your disability based upon a state or a federal conviction?
If your disability is based upon a federal conviction then there is currently no way to have your gun rights restored. Since 1992 Congress has denied ATF funding to process the necessary applications.
However, if your disability is based upon a state conviction then you may be eligible to petition the court for a restoration of your gun rights.
But first …
Have you had your political rights restored?
Under Virginia law, your political rights must be restored before you may petition the Circuit Court for a restoration of your gun rights.
Political rights include the right to vote, to run for and hold public office, to serve on juries, and to serve as a notary public.
Effective July 15, 2013, political rights are automatically restored for persons convicted of most non-violent felonies upon their release and the completion of certain milestones. However, this does not apply to those released from custody prior to July 15, 2013 and those whose crimes are deemed “violent/more serious.”
If you fall in either category then you must submit an application for political rights restoration. In addition, those convicted of crimes which are deemed to be “violent/more serious” may have to wait up to 5 years after any sentence served or supervised probation and parole before they may apply for political rights restoration.
If you are eligible to have your political rights restored but have not yet done so, I will be happy to assist you in doing so as part of the gun rights restoration service.
So … if your political rights have been restored or if you are eligible to apply then you are ready to put together your petition for restoration of your gun rights.
Shouldn’t I just use a local attorney?
If you are trying to get representation regarding a patent filing then you call a patent attorney.
If you are trying to get representation regarding an adoption then you call a family law attorney.
The same should be true where gun rights restoration is concerned. Not everyone understands the level of complexity involved in firearms law and this can lead to disastrous consequences.
I have encountered a number of purported gun rights ‘restorations’ which do not, in fact, restore the rights of the petitioner and can lead to state or federal charges against the person who believes that his or her rights have been restored.
What does your representation cost?
If you qualify, I will assist you in applying for restoration of your political rights (if necessary), petition the Circuit Court in the jurisdiction where you reside for relief from the disability imposed by your conviction, appear with you for your hearing, and prepare the necessary order for the judge to sign. I offer this service for a flat fee of $1,500 which includes any necessary travel expense for your hearing.
Please note however that this is not a guarantee of success … only a promise to work diligently on your behalf. Ultimately, the judge will take the totality of your situation into account in making his or her decision.
The factors the judge will consider include: the seriousness of the crime, any other criminal history, the length of time since the conviction, and your community involvement.
If you made a mistake and have turned your life around, isn’t it time that you took the steps necessary to recover all of your rights?
Contact me for a free, private, and confidential consultation.
