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.
Once the conviction is entered, the individual loses their gun rights. Fortunately, Virginia law provides a way for an individual to get their gun rights restored. The statute itself can be found in Virginia Code § 18.2-308.2 (C). The process involves filing a petition in a circuit court and going before a judge for a hearing.
So understanding and being able to articulate, either by yourself or through counsel, the reasons why their gun rights are important to them is another item they should expect at their restoration hearing. They should also expect to have an attorney to assist them. It can take several months.
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.
If you are convicted of a felony in the Commonwealth of Virginia, you civil rights are not automatically restored. However, having a Virginia gun lawyer working for you means having extra help in correctly answering the petition and being prepared to use that restoration of civil rights to take the next step.
Instructions: Fill out Petition (PDF) Include a copy of your letter from the Governor and letter to the Judge. Filing Fee of $98.00.
between two to four monthsFrom the very beginning to the very end, Virginia gun rights restoration usually takes between two to four months.
Anyone convicted of a felony is prohibited from possessing a firearm in Virginia. Possession of a firearm by a felon in Virginia is a separate felony that could be punished with mandatory minimum prison time under Va. Code §18.2-308.2.
1-3 monthsHow long does it take to get my rights restored? The review process usually takes 1-3 months after an individual has contacted the office requesting restoration of rights. Click here to contact the office and request your rights be restored.
Felony disenfranchisement in Virginia is a provision of the Virginia Constitution: "No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority".
March 27, 2017. It's illegal for someone who has been convicted of a felony to possess a firearm in Virginia. Va. Code section 18.2-308.2 also makes it illegal for someone convicted of a felony to possess other kinds of weapons.
What Are The Penalties For Federal Possession of a Firearm by a Convicted Felon? The sentencing guidelines for possession of a firearm by a convicted felon indicates a maximum penalty is 10 years imprisonment and a $250,000 fine.
Those wishing to restore their rights must submit a Restoration of Civil Rights Application accompanied by certified court documents for each felony conviction. Every application that meets the requirements may be referred to the Florida Parole Commission for an investigation, report and recommendation.
If a person has a weapons offense conviction, they will not be able to get a permit to carry a concealed weapon. Depending on the charge, the person will be a convicted felon, which will affect the person's Constitutional rights and forever prohibit the person from possessing a firearm in Virginia.
Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console of my car in Virginia without a concealed weapons permit? A. YES. The Virginia Court of Appeals addressed this issue in 2013.
But Virginians must keep in mind that you still risk a lifetime ban on gun ownership if you are convicted of three or more DUIs. A third DUI offense is a Class 6 felony, which includes a maximum sentence of five years of incarceration.
The gun laws from where you live will govern you. Was it a conviction with a possible sentence of over a year? All 50 states must follow the federal gun law possession ban. In your state, when you are looking to possess a gun, you will run into it as well. Check with a local lawyer...
You should contact a couple of attorneys in your area and ask for free consultation. Cheapest is rarely the best way to go. But I also disagree that the most expensive lawyer is the best lawyer also.
That depends on several factors, including the locality you are in, the customary rates of the lawyer, whether or not there are any unusual issues requiring research and briefing, and the amount of court time and number of court appearances likely to be required.
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 ...
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.
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.
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.
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 ...
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.
It can take several months. The circumstances of your firearms rights loss will determine how your firearms rights are restored. This restoration may include petitioning the Office of the Governor about your civil rights and petitioning the Circuit Court of the jurisdiction in which you reside for the restoration of your firearm rights.
The most common timing issue is that the petition has to be served upon the Commonwealth of Virginia and that they should be given an opportunity to answer that petition. If they finally answer it, the court may require information and the process may be dragged out for several months.
You may be eligible for gun rights restoration in Virginia if you meet the following criteria: You had a felony conviction in a Virginia circuit court.
A felony conviction is a life-changing event. Among the many consequences of a felony conviction is that an individual loses their gun rights. Moreover, the details of the offense do not matter. It could be the individual’s first offense.
We will discuss all of your options and go over all of your questions. A typical consultation will take between 10 and 20 minutes. We will assess the strength of your case and discuss the best way to move forward.
(If this applies to you, read this before you call the office.) Your felony convictions are from another state, and you do not have any felonies in Virginia.
There are currently no viable options to restore you gun rights after a federal felony or after a misdemeanor crime of domestic violence. If you only have felonies from another state, you must have you gun rights restored by that state (if possible).
The process involves filing a petition in a circuit court and going before a judge for a hearing. It is not an automatic process, and there is a very real chance that a judge may say, “No.”.
The Governor of Virginia has already restored your civil rights (e.g., the right to vote, serve on a jury, and hold public office). For more information on the restoration of civil rights, see this link: https://www.restore.virginia.gov. If you meet these two criteria, you might be eligible to have your gun rights restored.
Anyone convicted of a felony in Virginia automatically loses their civil rights. Civil rights include the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. The Constitution of Virginia gives the Governor the sole discretion to restore civil rights , not including firearm rights.
If you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored
The Governor of Virginia (or the Governor of the state that convicted you) restored your political rights and the reinstatement included firearm rights or the Circuit Court restored your firearm rights or the Bureau of Alcohol, Tobacco and Firearms removed your federal disabilities. Have questions about your eligibility ...
There are four situations in which the court may grant your petition: 1 You were pardoned 2 You have had your political disabilities removed ( Article V, Section 12 of the Constitution of Virginia) & there are no conditions related to the reinstatement of your firearm rights 3 The Circuit Court granted your right to possess a firearm and the Governor restored your political rights or the Bureau of Alcohol, Tobacco and Firearms removed your federal disabilities 4 The Governor of Virginia (or the Governor of the state that convicted you) restored your political rights and the reinstatement included firearm rights or the Circuit Court restored your firearm rights or the Bureau of Alcohol, Tobacco and Firearms removed your federal disabilities
You can only petition for this type of pardon 10 years after your conviction and after any suspension or probation time is over. Simple pardons are usually only granted in exceptional circumstances. Conditional pardon: early release for inmates.
Once you hire my office, we begin the prep work. When you call my I office I will tell you that I want to “measure twice so we only have to cut once.” Gun rights restoration is important. It is so important that we take the time to prepare your case the right way.
The hearing in court can unfold in many different ways. If everything goes our way, it could be fairly short and easy. If we encounter some obstacles, it could be long and difficult. Very often, it falls somewhere between the two.
After the hearing, your job is done. My job is not. I will communicate with the Virginia State Police to ensure the proper records are updated. Most importantly, you and I will discuss all of the “dos and don’ts” for how you proceed in the future. We will review what happens when you try to buy a gun from an FFL dealer.