If you're hoping to have your gun rights restored in Virginia, completing the federal gun rights restoration process is a significant milestone. However, Virginia requires its own restoration process, separate from the federal one.
To fully regain your firearm privileges, you need to go through both processes. Here's what you need to know about the critical differences and why working with our experienced Manassas gun rights restoration lawyers is so important.
How the Federal Gun Rights Restoration Process Is Changing
For years, the federal firearms restoration process under 18 U.S.C. § 925(c) was effectively frozen, leaving countless Americans with felony convictions in legal limbo. But a recent shift by the Department of Justice is creating a rare opportunity for change.
Under the revised system, individuals who have lost their gun rights due to a qualifying conviction will be able to petition the U.S. Attorney General for relief. There will be an online portal to file your application and supporting documents. While the exact federal requirements are still being finalized, it's clear that the door to federal gun rights restoration is reopening.
However, even if your federal petition is granted, it won't restore your gun rights under Virginia law. For that, you'll need to pursue a separate, state-specific process.
How Do You Restore Your Gun Rights Under Virginia Law?
Virginia's gun rights restoration process begins with a critical preliminary step of regaining your civil rights. When you're convicted of a felony in Virginia, you lose a range of civil liberties, not just your gun privileges under Virginia Code § 18.2-308.2. You must petition the Governor's office to have these rights reinstated before you can move forward.
Once you restore your civil rights, there are several steps in the Virginia gun rights restoration process that you must follow. They include the following:
- Petition. The first step is filing a formal petition with the Circuit Court where you live.
- Prosecution answer. The Commonwealth's Attorney will have a chance to object to your request.
- Court hearing. After the prosecutor files their response, you will need to appear at a hearing to convince a judge that you deserve a second chance at gun ownership.
You will have to show that you have rehabilitated yourself to restore your federal and Virginia gun rights. Some key evidence that can help demonstrate your rehabilitation includes:
- Proof that you've completed your sentence
- Proof of steady employment
- Evidence of any community involvement and volunteering
- Documentation of treatment, education, or training programs
- Character letters from employers or community members
Building a persuasive petition and preparing to put your best foot forward in court often requires guidance from our knowledgeable gun rights restoration lawyers. We can help you gather the proper evidence and practice answering the judge's questions confidently.
Let a Seasoned Manassas Gun Rights Restoration Lawyer Guide the Way
Federal and Virginia gun rights restoration are never quick or easy processes. That's where the dedicated Manassas gun rights restoration lawyers at the Wilson Law Firm come in. We understand the nuances of both the state and federal processes and can help you pursue every available path to regaining your firearm privileges.