For many Virginians who have had their gun rights restored, the next step is often applying for a concealed handgun permit (CHP). However, the process can be complex, and approval is not guaranteed. If you're considering applying for a CHP after restoration of your firearm rights, you must understand the requirements and potential obstacles you may face.
At The Wilson Law Firm in Manassas, our experienced Manassas gun rights restoration lawyers understand the challenges you may encounter and are committed to providing the guidance and support you need to exercise your Second Amendment rights. We can help you regain your gun rights and get your concealed carry permit approved.
Eligibility Requirements for a Virginia Concealed Handgun Permit After Restoration of Your Gun Rights
If you were convicted of a felony, you would have automatically lost your gun rights under Virginia Code § 2-308.2. You have to get your civil rights restored and file a petition with the court in the county where you live requesting that your firearm rights be restored. You must attend a court hearing and provide proof of your rehabilitation to convince the judge to grant your petition.
Before applying for a concealed carry permit after restoration of your gun rights, you must meet the basic eligibility requirements in Virginia. These include:
- Age. You must be at least 21 years old to apply for a CHP in Virginia.
- Residency. You must be a resident of the county or city where you're applying for the permit.
- Training. You must complete a firearms training or safety course that meets the state's requirements. This may include a hunter education or firearms safety course offered by the Virginia Department of Wildlife Resources, a National Rifle Association firearms safety or training course, or a firearms training course provided by a state-certified instructor.
Even if you meet these basic requirements, restoring your gun rights does not automatically guarantee your concealed carry permit will be approved.
The CHP Application Process After Gun Rights Restoration
When applying for a concealed handgun permit after restoration of gun rights, you'll need to follow the standard application process. Our gun rights restoration lawyers can help you take these steps:
- Completing the application. You must complete the Virginia Concealed Handgun Permit Application (Form SP-248) and submit it to your local circuit court clerk's office.
- Providing required documents. Along with your completed application, you must provide proof of firearms training, a copy of your photo ID, and the application fee. You should also include the court order restoring your firearm rights.
- Undergoing a background check. The court will conduct a thorough background check to determine your eligibility for a CHP. This may include reviewing your criminal history, mental health records, and other relevant information.
It's crucial to be honest and forthcoming throughout the application process, including truthfully answering questions about any misdemeanor or felony convictions. Failing to disclose pertinent information or providing false statements can result in your application being denied and potential legal consequences.
Challenges You May Face in Obtaining a CHP After Gun Rights Restoration
While restoring your gun rights allows you to possess and carry firearms, it does not necessarily guarantee that your concealed carry permit application will be approved. Some potential challenges you may face include:
- Discretion of the court. In Virginia, the decision to grant a concealed handgun permit is at the discretion of the issuing court. Even if you meet the basic eligibility requirements, the judge may still deny your application if they determine that you are not suitable to carry a concealed weapon.
- Additional scrutiny. Due to your previous gun rights restoration, your CHP application may be subject to additional scrutiny. The court may closely examine the circumstances surrounding your original conviction and other factors that led to the loss of your gun rights, such as mental health restrictions, drug use, or domestic violence.
- Waiting periods: In some cases, the court may impose a waiting period before granting your CHP, even if your application is approved. The judge may require a more thorough background check or more evidence that you have rehabilitated yourself before approving your application.
Working With an Experienced Manassas Gun Rights Restoration Lawyer
If you're considering applying for a concealed carry permit after your gun rights have been restored, you don't have to face it alone. The attorneys at The Wilson Law Firm in Manassas can guide you through the application process, help you gather the necessary documents, and provide representation if your application is denied. We aim to ensure you can fully exercise your Second Amendment rights and legally carry a concealed weapon for personal protection.