If you're a gun owner in Manassas, Virginia, a misdemeanor conviction may have more far-reaching consequences than you realize. While felony convictions automatically restrict your Second Amendment rights, certain misdemeanors can also impact your ability to possess firearms under Virginia law. Understanding these restrictions is crucial for staying on the right side of the law and protecting your gun rights.
At The Wilson Law Firm, our experienced gun law attorneys understand the importance of your constitutional rights. We’ll work diligently to find solutions that preserve your freedoms to the greatest extent possible. If you're facing misdemeanor gun restrictions due to a misdemeanor conviction, we can guide you through the restoration process and advocate for your interests every step of the way.
Virginia Firearms Prohibitions When You’re Convicted of Domestic Violence Misdemeanors
Under Virginia Code § 2-308.1:8, a conviction for domestic violence, even at the misdemeanor level, triggers an automatic firearm prohibition. This includes convictions for assault and battery against a family or household member.
You cannot purchase, possess, or transport firearms if you're subject to this misdemeanor gun restriction. Violating this Virginia firearm prohibition is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. However, you may petition the court to restore your gun rights after a specific period of time has passed since your conviction.
The length of the firearm prohibition depends on the specific offense:
- For first-time offenders convicted of simple assault and battery against a family member, the prohibition lasts three years.
- If the domestic violence offense was more severe or resulted in bodily injury, the prohibition may be extended to five years.
- After the applicable waiting period, you can petition the Circuit Court in your jurisdiction to have your gun rights restored. The court will consider factors such as your criminal history, the circumstances of your offense, and any evidence of rehabilitation when making its decision.
Virginia Misdemeanor Gun Restrictions for Drug-Related Misdemeanors
Convictions for drug-related misdemeanors can also impact your firearm rights in Virginia. Under both state and federal law, it is illegal for any person who is an unlawful user of or addicted to a controlled substance to purchase, possess, or transport firearms. This restriction applies not only to those convicted of misdemeanor drug possession but also to individuals who admit to regular illegal drug use, even without a conviction.
Unlike the domestic violence restriction, there is no automatic restoration of gun rights after a waiting period for drug-related offenses. To regain your firearm privileges, you must demonstrate that you are no longer an unlawful user of or addicted to controlled substances. This typically involves:
- Completing a drug treatment or rehabilitation program
- Passing regular drug tests over an extended period to establish sobriety
- Petitioning the court for restoration of rights and presenting compelling evidence of your rehabilitation
Don't let misdemeanor gun restrictions jeopardize your ability to possess firearms. If you're facing misdemeanor or felony charges that could impact your gun rights or have lost these rights, it's essential to work with our Manassas gun law attorneys who understand Virginia firearm laws. At The Wilson Law Firm, we can help you explore your options, mount a strong defense, and take proactive steps to protect your Second Amendment rights.