If have previously been convicted of a crime but are interested in restoring your gun rights, the following what you need to know about the process of restoring these rights including the steps involved and how long the process is likely to take. To get started, call and schedule a consultation with a Virginia gun lawyer today.
Someone who is looking to have their gun rights restored in Virginia should expect that the court will want to make sure that their paperwork is in line (pdf), their civil rights have been restored, they have no other criminal activities involving firearms, they have no violent criminal history and that they come to the court with no recent criminal convictions at all.
In addition, a person should expect that the court may ask questions as to why the person wants their rights restored. Judges in some cases have denied petitions simply because the person said, “I want my gun rights restored because I want them,” and the judge thought that was not a sufficient reason. So understanding and being able to articulate, either by yourself or through counsel, the reasons why their gun rights are important to them is another item they should expect at their restoration hearing. They should also expect to have an attorney to assist them.
It can take several months. The circumstances of your firearms rights loss will determine how your firearms rights are restored. This restoration may include petitioning the Office of the Governor about your civil rights and petitioning the Circuit Court of the jurisdiction in which you reside for the restoration of your firearm rights.
You should always choose this process if you want your firearm rights restored pursuant to a felony conviction or other civil-rights-related laws. Failing to do the civil rights petition before the firearms petition will make you ineligible for your firearm rights restoration.
There are all sorts of things to be considered. There is also a timing issue. The most common timing issue is that the petition has to be served upon the Commonwealth of Virginia and that they should be given an opportunity to answer that petition. If they finally answer it, the court may require information and the process may be dragged out for several months.
If your firearms rights have been restored, you are able to possess any type of firearm which is able to be lawfully possessed in the Commonwealth of Virginia. There are some restrictions on the types of firearms that may be lawfully possessed pursuant to the Virginia law and the federal law, so it is important to understand how that may affect your firearms rights.
Patrick Woolley Attorney At Law