If you've moved to Virginia after being convicted of a felony in another state, you might be surprised to learn that your right to possess a firearm was automatically lost. Even though your conviction occurred outside of Virginia, the state treats it as if it happened within its borders for gun ownership purposes. However, this doesn't mean you're permanently barred from owning a firearm in Virginia.
The experienced Manassa firearms attorneys at The Wilson Law Firm can guide you through the process of petitioning the court to restore your gun rights. We understand the interplay between state laws and are committed to helping you regain your Virginia gun rights.
Out-of-State Felony Convictions and Virginia's Automatic Loss of Firearms Rights
Under Virginia Code § 2-308.2, any felony conviction—whether it occurred in Virginia, another state, or at the federal level—triggers an automatic loss of firearm rights. This means that from the moment you set foot in Virginia with an out-of-state felony, you are prohibited from possessing or transporting a firearm.
It's important to note that this law applies even if you had no restrictions on gun ownership in the state where your conviction occurred. Virginia's laws supersede those of other jurisdictions when it comes to in-state possession.
Restoring Rights in Your State of Conviction
To start the process of regaining your Virginia gun rights, you must first have them restored in the state where you were originally convicted. Each state has its own procedures for felons seeking to have their rights reinstated.
Some states have an automatic restoration process after a specific period of time has passed. Others require you to petition the court or a clemency board. Our firearms attorneys at The Wilson Law Firm can help you understand the requirements in your state of conviction and guide you through the process.
How to Petition for Gun Rights Restoration in Virginia
Once your gun rights have been restored in your state of conviction, you can petition the circuit court in the Virginia county or city where you currently reside to restore your firearms rights. You must submit the required paperwork and appear before the court to argue why you should have your rights restored.
The court will evaluate several factors when considering your petition after an out-of-state felony, such as:
- The nature and severity of your felony conviction
- How much time has passed since you completed your sentence
- Your criminal record and any subsequent convictions
- Evidence of your rehabilitation and good character
It's essential to have our skilled firearms lawyers prepare your petition and supporting documentation. The Wilson Law Firm team knows what local judges expect in these cases and will craft a compelling argument on your behalf.
Let Our Dedicated Advocates Help Restore Your Gun Rights
Regaining your gun rights after an out-of-state felony conviction is a complex process, but you don't have to face it alone. Our Manassas firearms attorneys at the Wilson Law Firm are here to provide the knowledgeable guidance and tireless advocacy you need to petition to get your gun rights back successfully.
We pride ourselves on giving each client the personal attention they deserve. We'll take the time to understand your unique circumstances, explain your options, and craft a strategy tailored to your needs.