If you want to restore your gun rights, one step you must take is to file a petition in court. Understanding the potential reasons for gun petition denials can help you present the strongest possible case and improve your chances of success.
Our experienced Manassas firearms attorneys at The Wilson Law Firm have helped countless clients fight for their Virginia rights restoration. We know what Virginia courts look for when evaluating these requests. We’re here to help you avoid missteps that could derail your efforts. Let's examine five common reasons courts deny petitions to restore firearm rights.
#1: Filing Your Petition Too Soon
Petitioning too soon is a surefire way to have your request denied. You must wait until you complete your sentence before petitioning to get your gun rights restored. You also have to petition the Governor’s Office to get your civil rights restored first.
In addition, if you were convicted of assault and battery against a family or household member or another domestic violence crime, you must wait at least three years under Virginia Code § 2-308.1:8 before petitioning the court to restore your firearms rights.
#2: Pending Criminal Charges
If you currently face any criminal charges, even misdemeanors, the court will almost certainly deny your gun rights restoration petition. Judges want to see that you've demonstrated a commitment to abiding by the law.
Picking up new charges while trying to restore your rights suggests the opposite and will likely result in a gun petition denial. Our Manassas firearms attorneys can help you to clear up any pending issues before filing your petition.
#3: Inadequate Evidence of Rehabilitation
Your petition must present compelling evidence that you've turned your life around and no longer pose a risk to public safety. This may include proof of steady employment, completion of substance abuse or mental health treatment, character references, and a clean criminal record since your conviction. Without a convincing case for rehabilitation, the court is unlikely to grant your request. You want your petitions to tell a clear story of your rehabilitation.
#4: Objections from Law Enforcement or Victims
Even if your petition is otherwise strong, objections from law enforcement or crime victims can influence the court's decision. Prosecutors may argue that restoring your gun rights would pose a danger to the community. Victims or their families may express fears about their safety if you regain access to firearms. While these objections aren't always fatal to a petition, they can make a judge more reluctant to grant restoration requests. Our lawyers can help you anticipate and address potential objections strategically.
#5: The Judge's Discretion
Ultimately, the decision to grant or deny a gun rights restoration petition rests with the judge. Even if you meet all the statutory requirements and present a compelling case, they have broad discretion to evaluate the totality of the circumstances. Factors like the severity of the underlying offense, the strength of character references, and the judge's assessment of your credibility and sincerity can all tip the scales.
If you're considering filing a gun rights restoration petition in Virginia, the legal team at The Wilson Law Firm can help you avoid a gun petition denial. We'll guide you through every step in getting your gun rights back, from gathering evidence to presenting a compelling case in court.