If you've lost your right to possess firearms due to a felony conviction or certain misdemeanors in Virginia, you may be wondering how long you have to wait before you can petition the court to have your gun rights restored. The gun rights waiting period depends on the specific offense and your unique circumstances. Our experienced Manassas criminal defense lawyers at The Wilson Law Firm can help you understand the eligibility requirements and guide you through the petitioning process when the time is right.
Gun Rights Waiting Period for Felony Convictions in Virginia
If you were convicted of a felony, you may be able to get your gun rights restored, even if you were convicted of a violent crime. You must wait until you complete your sentence, including any term of probation or parole, before petitioning for Virginia firearms restoration. Our criminal defense lawyers can advise you on the gun rights waiting period and when the best time would be to petition for the restoration of your rights.
Exceptions to Virginia Gun Rights Restoration
If you were convicted of certain offenses, you may not be eligible to have your gun rights restored under Virginia law:
- Misdemeanor domestic violence. If you were convicted of a domestic assault and battery offense under Virginia Code § 18.2-308.2, also called assault and battery against a family or household member, you would lose your right to own a gun under federal law. You could not get your gun rights restored in Virginia.
- Federal felony. If you were convicted of a federal felony crime, you would also be ineligible to get your right to own a firearm restored.
Factors Considered in Gun Rights Restoration Petitions in Virginia
Meeting the mandatory gun rights waiting period is just one piece of the puzzle when seeking to restore your gun rights in Virginia. You would first have to petition the Governor’s office to restore your civil rights, which you would have also lost if you were convicted of a felony. Then, you must petition the court to restore your gun rights. The court will consider several other factors, including:
- Evidence that you will not be a risk to public safety if your rights are restored
- Your criminal history and reputation
- Your mental health and any substance abuse issues
- The circumstances surrounding the offense that led to the loss of your rights
How Our Experienced Manassas Criminal Defense Lawyers Can Help
At The Wilson Law Firm, our lawyers can assess your situation, determine your gun rights waiting period, and guide you through each step of the restoration process. We can also help you build a strong petition demonstrating your fitness to have your firearm rights restored.