The Second Amendment protects people’s right to carry a firearm. It is easily one of the most hotly-debated and staunchly-defended rights enshrined by amendment to the United States Constitution. However, despite how respected and important it may be, it can be revoked by the criminal justice system.
In Virginia, anyone convicted of a felony crime will lose their right to bear arms. This is not open for interpretation, as it is a default penalty for any felony conviction, whether a person is convicted of felony driving under the influence (DUI), felony assault, or any other felony. A felon’s gun rights are completely revoked, being taken away by both state-level and federal-level laws. In order to get those gun rights back, both bodies of law must be satisfied.
Restoring Your Firearm Rights in Virginia
The removal of your firearm rights by a felony conviction is not necessarily permanent. There is always a chance the rights could be restored by following the appropriate legal channels. Understanding the process and completing it correctly can be complex, and it is recommended you speak to a Virginia firearms rights attorney before you begin.
The basic process for restoration of your gun rights in Virginia is as follows:
- You secure from the Governor of Virginia an official pardon for your crimes, or you regain your civil rights that were removed through political disabilities by petitioning the Governor through the Secretary of the Commonwealth.
- As a matter of practice, the Governor typically excludes your firearms rights when restoring civil rights
- You can then petition the Circuit Court in the county or city where you live to restore your firearms rights.
Legal Guidance Through a Complicated System
There is no objectively simple way to discuss all the pitfalls in how to restore your firearms rights in Virginia. To take the guesswork out of the processes and gain confidence that you are doing everything you can to regain the right to carry a firearm, let me, Fredericksburg criminal defense Attorney Andrew J. Cornick act on your behalf from start to finish. With my 13+ years of legal experience and trusted professional staff by my side, I am confident I can find the best possible way for you to pursue the restoration of your gun rights. All you need to do is call (540) 827-4446 or contact me online to begin.