When seeking to have your gun rights restored in Virginia, it's crucial to understand the role of the Commonwealth's Attorney in the process. As the prosecutor representing the interests of the state, the Commonwealth's Attorney has the right to object to your petition, and their opposition can significantly impact the outcome of your case.
At The Wilson Law Firm, our experienced Manassas firearms attorneys have helped numerous clients go through the complex process of regaining their firearm privileges. We understand the concerns that the Commonwealth's Attorney may raise in your case and how to effectively address them to give your petition the best chance of success.
Common Reasons for Commonwealth Attorney Opposition to Virginia Gun Petitions
Under Virginia Code § 2-308.2, you automatically lose your gun rights if you’re convicted of a felony and must ask the court to restore them. When you file a petition to regain your firearms rights, the prosecuting attorney can object to your petition. You need to anticipate the reasons for a Commonwealth Attorney’s opposition to restoring your gun rights to present a compelling case to the judge. They may object to your gun rights restoration petition for several reasons, including:
- Nature of Your Conviction: If your felony conviction involved violence, especially domestic violence or a crime involving a firearm, the prosecutor might argue that restoring your gun rights would pose a risk to public safety.
- Criminal History: A lengthy criminal record, even if it consists of mostly misdemeanors, could lead the Commonwealth's Attorney to question whether you should be trusted with firearms again.
- Insufficient Time Since Conviction: If you seek restoration shortly after completing your sentence, the prosecutor may argue that more time is needed to demonstrate your rehabilitation and law-abiding character.
- Lack of Supporting Evidence: If your petition doesn't include strong evidence of your rehabilitation, such as character references, steady employment, or community involvement, the Commonwealth's Attorney may argue that you haven't shown enough proof of your fitness to possess firearms.
How to Address the Commonwealth Attorney's Opposition to Your Virginia Gun Petition
To counter the Commonwealth's Attorney's objections, our Manassas firearms attorneys will work with you to build a compelling case demonstrating your rehabilitation and fitness to restore your rights. This may involve:
- Gathering Character References: Statements from respected community members, employers, or others who can attest to your responsible and law-abiding character can help counter concerns about your criminal history.
- Demonstrating Rehabilitation: Evidence of successful completion of substance abuse treatment, anger management courses, or other relevant programs can show that you've taken steps to address the underlying issues that led to your conviction.
- Highlighting Positive Life Changes: Steady employment, stable housing, and active involvement in your community can all prove that you've turned your life around and are committed to being a responsible citizen.
- Addressing Any Inaccuracies: If the Commonwealth's Attorney's objections are based on inaccurate information or misunderstandings about your case, our lawyers can clarify the facts and set the record straight.
Trust The Wilson Law Firm to Advocate for Your Rights
At The Wilson Law Firm, we understand the immense personal and professional impact of losing your gun rights. Our knowledgeable Manassas firearms attorneys are committed to providing the strong advocacy you need to overcome objections from the Commonwealth's Attorney and achieve a successful outcome in your case.