If you've lost your right to own firearms due to a felony conviction in Virginia, going through the state firearm restoration process can be confusing. One critical distinction you must understand is the difference between state and federal gun rights.
While Virginia has a process for state firearm restoration, regaining federal gun rights involves a separate procedure. Our experienced Manassas firearms attorneys at The Wilson Law Firm can help you understand these key differences and guide you through the appropriate process.
What Is the Virginia State Firearms Restoration Process?
In Virginia, individuals who have lost their firearms rights due to a felony conviction can petition the circuit court in their county or city of residence to restore those rights. You may be able to get your gun rights back even if you were convicted of a violent felony like armed robbery or involuntary manslaughter. However, you may be ineligible to get your right to own a gun restored if you were convicted of assault and battery against a family or household member.
Our state’s firearm restoration process involves several steps. Our firearms attorneys can help you with each of these steps:
- The Governor of Virginia must first restore your civil rights, which you lost when you were convicted of a felony. This includes restoring your rights to vote, hold public office, and serve on a jury.
- After your civil rights are restored, you must file a formal petition with the appropriate circuit court requesting the restoration of your gun rights.
- The court will schedule a hearing where you must demonstrate that you are no longer a risk to public safety and have been rehabilitated.
If the court grants the petition, you’ll regain your state gun rights, allowing you to possess, transport, and purchase firearms within Virginia. However, this state-level restoration does not automatically restore federal firearms rights.
How Do You Get Your Federal Gun Rights Restored?
It's crucial to understand that restoring your gun rights in Virginia does not automatically restore your federal firearms privileges. Under federal law, individuals convicted of a felony or certain domestic violence misdemeanors face a lifetime ban on possessing, transporting, or receiving firearms. This is known as a federal firearms disability.
Unlike Virginia's state restoration process, there is no general federal procedure for restoring gun rights. The only way to overcome a federal firearms disability is through a presidential pardon.
A presidential pardon is a form of executive clemency granted by the President of the United States. It erases the conviction and lifts any associated legal disabilities, including the right to possess firearms under federal law.
Obtaining a presidential pardon is a highly selective process. Applicants must demonstrate exemplary behavior, rehabilitation, and a compelling need for clemency. The decision to grant a pardon rests solely with the President and is considered an extraordinary remedy.
How Do You Prove Your Rehabilitation to Restore Your Gun Rights in Virginia?
When petitioning a Virginia court to restore your gun rights, you must convince the judge that you no longer pose a risk to public safety and have taken steps to become a responsible, law-abiding citizen. To make a compelling case, you'll need to present substantial evidence of your rehabilitation since your conviction, such as the following:
- Time since completion of sentence. The longer you've been out of the criminal justice system with no new offenses, the better your chances. Staying crime-free for an extended period is a powerful indicator of your rehabilitation.
- Stable employment. Holding a steady job demonstrates that you are responsible and committed to being a productive member of society. Gather documentation of your work history, including dates, positions, and any promotions or recognitions.
- Community involvement. Volunteering, participating in civic organizations, or being active in your faith community shows that you're invested in making positive contributions. Keep records of your involvement, such as volunteer hours or letters of appreciation.
- Successful completion of treatment programs. If substance abuse, anger management, or mental health issues contributed to your conviction, completing relevant treatment programs is crucial. Documentation of successfully completing a treatment program demonstrates your commitment to addressing your underlying problems.
- Character references. Statements from respected individuals who can attest to your good character carry significant weight. Consider asking employers, clergy members, or community leaders who have known you for some time to write letters on your behalf.
Let Our Lawyers Help Get Your Gun Rights Back
At The Wilson Law Firm, our Manassas firearms attorneys understand the importance of your Second Amendment rights. We've helped many clients successfully regain their gun privileges and will help you build the strongest possible case to get your firearms rights back.