The path to the restoration of gun rights in Virginia has changed in 2021. The process now makes someone eligible for reinstatement of their rights after their incarceration period ends. This is because the restoration of civil rights is a necessary step in getting your gun rights back.
While the restoration of basic civil rights clears the path for the restoration of your gun rights, it does not guarantee it. Your civil rights may have been restored upon your release from incarceration or may have been restored by the Virginia Governor.
In addition, if you have been convicted of a serious crime such as assault and battery or similar, you may not be eligible to have your gun rights restored. These include:
- Felony conviction in federal court
- Misdemeaor crime of violence in any state
- Felony convictions in another state
In any case a gun rights restoration lawyer in Virginia will make the path to restoration of your firearm rights much more possible.
How to Restore Your Gun Rights in Virginia
There is a process to follow when it comes to the restoration of gun rights in Virginia. This is something that an attorney can help you work through.
It starts with a petition to the Virginia Circuit Court. This petition will help tell your story and separate you from your criminal record. You will need to address your past convictions and explain the series of events surrounding them, but you also want to tell more about yourself, your family, employment, and more to give a rounder view of your world.
The petition can also include letters from family and friends that speak to your character and personal experience. This second-hand account of your life will help the court see you as a person that deserves their full rights.
Finally, the petition should make the case on why you deserve your firearm rights like so many other citizens of Virginia. It can all help paint an honest but vulnerable picture of you that makes a case for the restoration of firearm rights.
Conditions of your convictions have proven to be important to the end ruling of firearm rights restoration cases in Virginia. Some examples of the nature of the crime that may be taken into account include:
- How violent the crimes were
- If a firearm was used during the crimes
- Length of time from the conviction
- Behavior since release
- Any lawful purpose to seek restoration rights
After filing the petition, a prosecutor will be allowed to respond by either agreeing with the petition or objecting to the petition. If the prosecutor agrees, a hearing may or may not be necessary to proceed with restoration of rights. It is possible for the prosecutor to take no position, with the hearing being the time of agreeance.
If rights are restored, it’s important to send the order to the state so that law enforcement has a record of privileges being reinstated. Failure to do this could cause many issues if you are thought to be illegally possessing a firearm.
Firearm Rights Restoration Attorney in Fredericksburg, Charlottesville, Fauquier County
If you are looking to have your firearm rights restored, you need the help of an experienced gun rights restoration attorney in Virginia. AR Johnson Law has worked firearm restoration cases for many residents of the Commonwealth of Virginia. Get in touch with the office by calling 540-764-4762 or filling out a form here.