When you receive an order restoring your gun rights in Virginia, you may feel a sense of relief and eagerness to exercise your Second Amendment freedoms again. However, it's crucial to understand that restored gun rights come with privileges and ongoing limitations.
While reinstating your rights allows you to possess and purchase firearms legally, certain restrictions may still apply based on the court order and Virginia law. Our experienced gun rights restoration attorneys at The Wilson Law Firm in Manassas are here to help you regain your firearm rights and comply with the limitations after gun rights restoration.
Your Restored Gun Rights to Purchase Firearms in Virginia
Under Virginia Code § 2-308.2, you would have automatically lost your gun rights if you were convicted of a felony. This is true even if you have an out-of-state felony conviction.
You must file a petition with the circuit court in the county where you live to restore your gun rights before making Virginia firearms purchases. You’ll have to attend a court hearing and provide proof of your rehabilitation.
Once the court has issued an order restoring your gun rights, you can legally purchase firearms in Virginia. However, the process involves a few key steps:
- Complete required background checks. Even with restored gun rights, you must pass a background check for each firearm purchase from a licensed dealer. This verifies that no other disqualifying conditions exist.
- Provide court order documentation. You may need to provide a copy of your gun rights restoration order when purchasing a firearm. Keep this paperwork accessible to streamline transactions.
- Purchase only legal firearms. While your rights are restored, some firearms remain illegal in Virginia. Avoid purchasing banned assault weapons, sawed-off shotguns, or any firearms prohibited explicitly in the court order.
How to Apply for a Concealed Carry Permit After Your Gun Rights Are Restored
A separate permitting process is required to carry a concealed handgun in Virginia. Restored gun rights do not automatically grant you concealed carry privileges. If you wish to carry a concealed firearm, you must:
- Meet all concealed carry requirements. In addition to having your gun rights restored, you must be at least 21, demonstrate competence with a handgun, and meet other statutory requirements.
- Complete firearms training. Before applying, you must complete an approved firearms training or safety course. You have several options, including classes from certified instructors and online courses.
- Submit a complete application packet. You must complete an application and include additional documents, such as proof of training, a passport-style photo, and your gun rights restoration order. Our Manassas criminal defense attorneys can help ensure your application is complete and accurate.
- Pay associated fees. You must pay a fee when filing a concealed carry permit application. Some training courses may charge additional tuition or materials fees.
What Limitations Could You Have on Your Manassas Gun Ownership Rights?
While an order restoring your gun rights in Virginia allows you to possess and purchase firearms, certain limitations remain in place. You must understand and comply with these restrictions, which may include:
- Restrictions based on your specific court order. The judge may have placed conditions on your gun rights restoration, such as prohibiting certain types of firearms or requiring ongoing mental health treatment. Review your order carefully and adhere to all provisions.
- Federal firearms restrictions. If federal law prohibits you from possessing firearms due to your criminal history, a Virginia gun rights restoration order does not override that prohibition. Our lawyers can explain how federal law may affect your situation.
- Other states' gun laws. Your restored gun rights apply within Virginia, but other states may not recognize your restoration order. You should consult with our legal team about their specific laws and reciprocity agreements before traveling with firearms or attempting to purchase guns in another state.
- Potential employment limitations. Specific jobs like law enforcement or armed security positions may have stricter gun ownership requirements. A gun rights restoration order may not automatically qualify you for these roles.
How to Protect Your Second Amendment Freedoms
Restoring your gun rights is a significant victory, but it also involves ongoing responsibilities. To preserve your Second Amendment freedoms after restoration, consider these tips:
- Comply with all applicable laws and regulations. Stay informed about Virginia's gun laws and any changes that may affect your rights or responsibilities as a firearm owner.
- Store firearms safely and securely. Use gun safes, trigger locks, and other responsible storage methods to prevent unauthorized access and potential accidents.
- Seek ongoing training and education. Consider taking additional firearms safety or marksmanship courses to enhance your skills and knowledge as a responsible gun owner.
- Avoid future legal issues. A subsequent criminal conviction or disqualifying event could jeopardize your restored gun rights. Make sound decisions and stay within the boundaries of the law.
At The Wilson Law Firm, our experienced criminal defense attorneys are committed to protecting the Second Amendment rights of our clients in Manassas and throughout Virginia. We can help you regain your gun rights and avoid having your petition denied. If you have questions about your rights and responsibilities after gun rights restoration or need help regaining your firearms rights, we are here to provide the knowledgeable guidance you need.