Getting Your Gun Rights Back as a Convicted Felon​

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The first step in the process of petitioning for your gun rights is getting your civil rights restored by the governor. Then, you have to make an application to the circuit court. The only exception to this process is that if you were convicted of a misdemeanor crime of domestic violence, in which case you cannot, under federal law, possess a firearm. You also cannot have your firearm rights restored in Virginia if you have a felony conviction in a different state or federal court.

 

How to Get Your Civil Rights Restored

 

This can be done by contacting the Secretary of the Commonwealth, P.O. Box 1475, Richmond, VA 23218, or by calling (804) 692-0104. As long as you are free from any term or incarceration and/or supervision, your right to vote, serve on a jury, run for public office, and be a notary public will be automatically restored if you have a felony conviction in Virginia. Once this is done, you can begin to petition the circuit court for your gun rights.

 

Petitioning the Circuit Court to Restore Gun Rights

 

A petition has to be filed with the circuit court pursuant to VA Code § 18.2-308.1. The court may request a hearing in order for you to present evidence that your civil rights have been restored and that you are a good candidate for gun rights restoration.

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Factors the Court Will Take into Account When Reviewing Your Petition for Gun Rights

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The court will consider the nature of your crime (was it violent, did it involve drugs, etc.), and the reason why you want your gun rights back. It is important to keep in mind that every judge is different and no decision is guaranteed.

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How We Can Help

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The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors, who have fought from both sides of the courtroom on all types of legal issues including Gun Rights Restoration. Our attorneys can help ensure that you get the best outcome in your case. Contact us today and we will begin fighting on your behalf.

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