For some people getting a Virginia gun attorney involved is important because the court has discretion in cases involving restoration of firearm rights. What this means is that the judge does not simply have to grant your petition because you filled out all the paperwork correctly. Depending on the jurisdiction, some judges require only a small reason to restore someone’s firearm rights. Other judges are much more stringent in what they require. In addition, depending on the firearm rights and laws, you may not need to go to the Circuit Court at all. You may be able to restore your firearm rights through the General District Court.
Failure to correctly identify what information needs to be presented in the application, what evidence needs to be used in support of the application, and simply where firearm rights restoration needs to take place, are important factors that could lead to your rights not being granted. In order to make sure that they are granted, it is important to hire an experienced Virginia attorney right away.
Depending on the reason why your gun rights have been taken from you or why your rights needs to be restored, there are a variety of different processes that may apply.
If you are a person who has previously been convicted of a felony, for example, you may have several steps to take prior to being eligible for restoration of your gun rights. These would include first restoring your civil rights through the Office of the Governor of the Commonwealth of Virginia and then potentially taking the next step to petition the Circuit Court of the jurisdiction in which you reside for your firearm rights.
In order to be eligible to restore your firearm rights you need to be eligible to restore your civil rights. If you are interested in the criteria for restoration of your civil rights you should visit the Office of the Governor website.
Additionally, if your firearms rights have been taken as a result of a felony conviction then you need to restore your civil rights first. A Virginia gun lawyer can help you take on that potentially daunting task.
Certain “crimes of violence,” a subset of serious felonies in the Commonwealth of Virginia, will typically make someone ineligible to restore their civil rights and potentially ineligible to restore their firearm rights. There is a complete list of what code sections create disqualification on the Office of the Governor website. If you are convicted of a felony in the Commonwealth of Virginia, you civil rights are not automatically restored.
However, having a Virginia gun lawyer working for you means having extra help in correctly answering the petition and being prepared to use that restoration of civil rights to take the next step. This may be done through incorporating another court’s order or filing a new petition for restoration. Other than the typical firearm laws as seen in the Code of Virginia, there are no other restrictions on your firearm rights once your rights are restored.
Whether the Commonwealth of Virginia has taken your firearms rights through a conviction here or your firearms rights were lost through convictions somewhere else, and even if your firearms rights have been restored somewhere other than the Commonwealth of Virginia, you still need the Circuit Court of the jurisdiction in which you reside to recognize the restoration of those rights. This may be done through incorporating another court’s order, and that is something that can be done under certain circumstances. Speak with a gun lawyer in Virginia to discuss your options and how to proceed.
Patrick Woolley Attorney At Law