How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MyraB Your Own Question

MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
Type Your Criminal Law Question Here...
MyraB is online now
A new question is answered every 9 seconds

I would like to know how to get my gun rights restored

Resolved Question:

I would like to know how to get my gun rights restored.  I was convicted of cocaine possession with intent to distribute in the state of Massachusetts.  Since my record remained clear since 1978, my record was sealed in January, 2013.  I have had no other felony convictions.  I now live in Virginia.  Is there any way to get my gun rights restored in Virginia?  What do I have to do to get my gun rights restored for the State of Virginia? 


 


It is becoming very & I must retire for the evening.  Please reply in the morning. 


 


Thanks


Charles E Levier, Jr, 

Submitted: 9 months ago.
Category: Criminal Law
Expert:  MyraB replied 9 months ago.

Hello and thank you for your question.

Under Massachusetts law, sealing does not remove state firearm disabilities and your recourse now is under the Virginia procedure for restoration.

 

Virginia is in the process of changing to an automatic restoration of rights. Effective next Monday, July 15, 2013, all persons convicted of a non-violent felony will have their civil rights automatically restored by the Governor on an individualized basis if they are residents of Virginia, have completed their sentence and have no pending felony charges.

 

However, at this time drug possession with intent to distribute is considered a violent felony which would not be eligible for automatic restoration, although the Governor may also revise the list of non-violent offenses as part of the new regulations. So you will have to wait until Monday to determine if you are eligible for the automatic restoration.

 

The Governor's office is encouraging those who believe they might qualify for automatic restoration to wait until July 15, 2013 to apply for restoration when the new process and plan is formally announced by the Governor’s Office. Although automatic, it is not a blanket restoration and still must be granted on an individualized basis. So, there will likely be an application and procedure for confirmation of eligibility.

 

If it turns out that you are not eligible for automatic restoration then the waiting period is 5 years from the completion of the sentence and you would certainly qualify for that. The application package and description of the process can be found here http://b.3cdn.net/advancement/b14d27f7cc7c202b10_tom6b6k4i.pdf

The Governor's office has pledged to review completed applications within 60 days.


The Governor's announcement on Monday and the new procedure for restoration will likely be explained here http://www.commonwealth.virginia.gov/judicialsystem/clemency/restoration.cfm
Or you can remind me on Monday and I can provide that information to you.

 

In addition, the restoration of civil rights does not restore the right to possess a firearm, but is the first step in restoring this right. You must still petition the circuit court pursuant to Va. Code. sec. 18.2-308.2(C) after your civil rights have been restored. The statute may be found here http://law.onecle.com/virginia/crimes-and-offenses-generally/18.2-308.2.html

Please feel free to ask any follow-up questions.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.