Let Our Virginia Criminal Defense Lawyers Help Get Your Gun Rights Back After a Conviction
One of the consequences of committing a felony crime in Virginia is you’re no longer allowed to possess a firearm. However, there might be a way to have your rights reinstated. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can advise you whether this is possible and help you take the necessary steps on this action.
How Can You Get Your Gun Rights Back After a Felony Conviction?
Under Virginia Code § 18.2-308.2, you’re prohibited from possessing or transporting a firearm or ammunition if you’re convicted of a felony.
However, once you complete your sentence, there are two possibilities to try to restore your gun rights. As your legal representation, we’ll be with you throughout the process to help secure a successful outcome. Here’s what we recommend.
1. Restore Your Civil Rights First
Once convicted of a felony, you automatically lose your civil rights, such as the right to vote and hold public office, as well as the right to own a firearm. You must file an application with the Governor's office asking that your civil rights be restored.
2. Then Petition the Court
Once the Governor restores your civil rights, you must file a petition in the Circuit Court in the county where you live asking the judge to reinstate your gun rights. You’ll also need to attend a court hearing. The judge has the right to grant or deny your petition.
If you have our criminal defense lawyers file your petition and represent you at your hearing, you’re much more likely to have your request granted. We understand the many factors the courts consider when deciding whether to give you back your gun rights and will present your situation in the most favorable light.
Here are some of the considerations the judge evaluates at your hearing:
- Whether the crime you were convicted of involved violence or the use of a firearm.
- The amount of time since your felony conviction.
- Your prior criminal history.
- Your work and personal relationships and your behaviors after you served your sentence.
- Your character and reputation in the community.
If the court grants your petition, you then have the right to purchase a firearm and obtain a concealed gun permit.