If you lose your firearm rights after a drug conviction in Virginia, it can impact your life, especially if you rely on guns for hunting, sport shooting, or personal protection. While it's possible to have your gun rights restored, drug-related offenses present additional challenges compared to other types of felony convictions.
At The Wilson Law Firm, our experienced Manassas rights attorneys understand what you must establish when petitioning for firearm rights restoration after a drug conviction. We've helped numerous clients throughout Virginia fight to get their gun rights back, including many with prior drug convictions on their records. Our lawyers are here to help you restore your Second Amendment rights.
How Drug Convictions Impact Virginia Gun Rights Restoration Petitions
Virginia Code § 2-308.2 prohibits anyone convicted of a felony, including a drug offense, from possessing, transporting, or carrying a firearm. Even if your drug conviction is a misdemeanor, you could face difficulties getting your firearms rights back.
However, you may be able to petition the circuit court to restore your rights. When drug crimes are involved, the court must consider these special factors.
Evidence of Substance Abuse Treatment
If you have a drug conviction, providing proof of your substance abuse treatment is crucial. The court wants to see that you've taken steps to address the underlying issues that led to your offense. This may include:
- Documentation of completed drug rehabilitation programs
- Letters from counselors or sponsors confirming your sobriety
- Proof of ongoing participation in support groups like Narcotics Anonymous
Nature and Severity of the Offense
The specifics of your drug conviction will impact how the court views your petition. Factors that may influence the decision include:
- The type of drug involved (possession of marijuana may be viewed more favorably than distribution of heroin, for example)
- Whether violence or weapons were involved in the offense
- The length of time that has passed since the conviction
Demonstrated Period of Sobriety
In addition to completing treatment, the court will want to see evidence of your rehabilitation and that you have gone through a sustained period of sobriety when considering restoring your gun rights. You'll need to provide evidence such as:
- Regular drug test results showing you've remained clean
- Witness statements from family, friends, or coworkers attesting to your sobriety
- Documentation of steady employment and positive community involvement during your period of sobriety
How to Build a Strong Petition for Gun Rights Restoration
You should not try to convince the judge to return your firearm rights on your own. Working with our Manassas rights attorneys can significantly improve your success.
At The Wilson Law Firm, we're committed to helping you regain your gun rights. While there is no waiting period to ask for your gun rights back, we can help you decide when you have enough evidence to petition the court. Other ways we can assist you include:
- Gathering Required Documentation. We'll work with you to collect all the necessary records related to your conviction, sentence, treatment, and post-conviction conduct. Our lawyers know what the court looks for and will ensure your petition includes comprehensive supporting evidence.
- Preparing a Compelling Argument. Beyond just providing documentation, we'll craft a persuasive argument for why you deserve to have your rights restored. This may involve highlighting mitigating factors in your original offense, emphasizing your commitment to sobriety, showing how you rehabilitated your life, or illustrating how your need for self-protection outweighs any perceived risk to public safety.
- Representing You in Court. While you are not required to have an attorney for your restoration hearing, having experienced counsel by your side can make a significant difference. We'll prepare you for the judge's potential questions, present your case in the most favorable light, and advocate for a complete restoration of your gun rights.
Protect Your Rights with The Wilson Law Firm
Don't let a past drug conviction keep you from exercising your Second Amendment freedoms indefinitely. Trust our rights attorneys at The Wilson Law Firm to guide you through the petition process and fight for your interests in court.
With extensive experience handling restoration cases for clients throughout Virginia, we understand what it takes to succeed, even when drug crimes are involved. Our Manassas law firm is committed to providing the personalized attention, strategic advocacy, and tireless representation you need to move forward with your life.