Having your right to purchase, possess, or transport firearms revoked due to mental health restrictions like an involuntary commitment can be frustrating when you know you have dealt with your mental health issues. However, you can petition the court to restore your firearm rights under Virginia law.
At The Wilson Law Firm, our experienced Manassas gun law attorneys are committed to protecting Virginia residents' Second Amendment rights. We understand the complexities and nuances involved in mental health gun restrictions and can help you get your firearm rights back.
Mental Health Gun Restrictions Under Virginia Law
Virginia Code § 18.2-308.1:3 makes it unlawful for individuals who have been involuntarily admitted to a mental health facility or ordered to mandatory outpatient treatment to purchase, possess, or transport firearms. The statute covers various situations, including:
- Involuntary admission after a civil commitment hearing
- Involuntary admission as a minor 14 years or older
- Voluntary admission following a temporary detention order
- Being found incompetent to stand trial with case disposed under Virginia Code § 19.2-169.3
Violating these mental health restrictions is a Class 1 misdemeanor under Virginia law. However, the statute also provides a mechanism for restoring your firearm rights.
How to Petition for Restoration of Your Gun Rights in Virginia
If you are prohibited from possessing firearms due to mental health gun restrictions, you can petition the general district court where you reside to have your rights restored. You do not have a waiting period after your release from a mental health facility to request that your gun rights be restored. Here are the key steps in the process that our gun law attorneys can help you with:
- Our lawyers will file a petition with the court and send a copy of the petition to the prosecuting attorney, who can respond.
- The court will conduct a hearing. We will represent and present evidence showing that you have been rehabilitated and deserve to have your firearm rights restored.
- The judge will consider evidence about the circumstances that led to your commitment, criminal history, treatment record, and reputation.
- Your petition will be granted if the court finds you won’t likely act in a manner dangerous to public safety.
Importance of Treatment Records When Petitioning to Get Your Gun Rights Back
When petitioning for your gun rights restoration, you must provide comprehensive treatment records. These records will help you convince the court of your current mental health, how you responded to your treatments, and that you aren’t a potential risk to public safety. Our gun law lawyers can help you gather your treatment records to support your petition.
Protecting Your Rights With Our Skilled Legal Counsel
At The Wilson Law Firm, we are dedicated to vigorously defending the rights of responsible gun owners throughout Virginia. If you've lost your firearm privileges due to mental health adjudications, our skilled Manassas gun law attorneys are ready to guide you through the restoration process and fight for your Second Amendment freedoms.