If you've had your gun rights restored in Virginia, you might be wondering if this also means you can obtain a Federal Firearms License (FFL) to operate a firearms business. Unfortunately, the relationship between state rights restoration and federal firearms licensing isn't always straightforward.
Our experienced Manassas gun rights restoration lawyers at The Wilson Law Firm have extensive experience helping clients understand the complex interplay between state and federal gun laws and apply for an FFL license after their gun rights restoration in Virginia. We understand the importance of protecting your Second Amendment rights and can provide the guidance you need to make informed decisions about your future.
Understanding the Difference Between State and Federal Gun Laws
It's crucial to understand that state and federal gun laws operate independently. A state's decision to restore your firearm rights doesn't automatically extend to the federal level.
In Virginia, individuals who have lost their gun rights under Virginia Code § 2-308.2 due to a felony conviction can petition the circuit court to restore their rights. You must attend a hearing and show you have been rehabilitated when filing this petition. If granted, this restores your ability to possess, transport, and carry firearms within the state. However, federal law may still impose restrictions on your ability to possess guns or engage in the business of selling firearms.
Federal Restrictions on FFL Eligibility After Gun Rights Restoration in Virginia
Under federal law, individuals convicted of a felony or specific misdemeanors are generally prohibited from possessing, shipping, transporting, or receiving firearms and ammunition. Additionally, the Gun Control Act prohibits anyone from engaging in the business of importing, manufacturing, or dealing in firearms without a Federal Firearms License.
However, you may be able to apply for an FFL after your gun rights restoration in Virginia. Currently, you would file your application with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). You must meet the eligibility requirements, which include:
- Being at least 21 years old
- Not being prohibited from possessing firearms under federal law
- Having a designated location for conducting business
- Complying with all state and local laws
Potential Challenges for FFL Applicants with a Felony Record
Even if your gun rights have been restored under Virginia law, a felony conviction on your record can still pose challenges when applying for an FFL after gun rights restoration. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) reviews each FFL application individually and may deny a license based on the applicant's criminal history.
However, restoring your rights at the state level can work in your favor. It demonstrates that a court has determined you to be a responsible citizen who can be trusted with firearms. Including documentation of your Virginia rights restoration can strengthen your FFL application.
What Are Alternatives to a Traditional FFL?
If obtaining a traditional FFL proves difficult due to your background, there may be alternative paths to participating in the firearms industry:
- Curio and Relic (C&R) License: This special type of FFL allows individuals to collect and deal in firearms that are at least 50 years old, of museum interest, or derive a substantial part of their value from being novel, rare, bizarre, or because of their association with some historical figure, period, or event. C&R licenses are often easier to obtain than traditional FFLs.
- Employment with an FFL Holder: You may be able to work for a Virginia gun business with an established FFL holder without holding a license yourself. Working with a Manassas firearms dealer can allow you to gain valuable experience in the industry while building a positive track record.
- Gunsmithing Services: Offering gunsmithing services, such as repairs and customizations, may not require an FFL depending on the specific activities involved. You should consult our knowledgeable attorneys to ensure compliance with all relevant laws.
How The Wilson Law Firm Can Help You Pursue Your FFL After Your Gun Rights Restoration in Virginia
Don't let uncertainty about your rights hold you back. At The Wilson Law Firm, our skilled Manassas firearms law lawyers understand the differences between state and federal gun rights. We've helped numerous clients restore their gun rights in Virginia and explore their options for participating in the firearms industry.
If you're considering applying for an FFL after a Virginia gun rights restoration, we can provide the knowledgeable guidance you need. We'll thoroughly review your case, advise you on the best path forward, and work diligently to help you achieve your goals while fully complying with the law.