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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I live in va. My rights have been restored from breaking and

Customer Question

I live in va. My rights have been restored from breaking and entering, forgery uttering a, and possession of a firearm after being a felonocer 18 yrs ago. The commonwealth has objected my petition for mr firearms rights to be restored stating I had violent crimes.
Do I have a chance of getting my firearm rights restored
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

Was the conviction in VA?

Customer: replied 1 year ago.
it was
Customer: replied 1 year ago.
I petitioned the same co. It happened in and I reside in
Expert:  Peter Griesch replied 1 year ago.

Assuming the conviction was in VA, you can get your firearm rights restored if you've already bias your civil rights restored.

To regain state firearms privileges, you must apply to the circuit court for the jurisdiction you live in for a permit to possess or carry a firearm. Circuit courts may consider the request since your cvil rights were restored. (Va. Code §18.2-308.2).

The clerk at the circuit court can give you the application.

Expert:  Peter Griesch replied 1 year ago.

So, you already petitioned the court in your county?

Customer: replied 1 year ago.
I have and the commonwealth attorney objected to this
Expert:  Peter Griesch replied 1 year ago.

In that case, you need to appeal the court's denial to the VA supreme court. That's the only option.

Customer: replied 1 year ago.
petitioning the court and the commonwealths objection means it will not go to the judge?
Expert:  Peter Griesch replied 1 year ago.

It was already rejected by the court, correct? Or are you saying only the attorney has objected? If only the attorney has objected, you'll still have a hearing. If your request is rejected by the court, then you appeal.

Customer: replied 1 year ago.
Only the commonwealth attorney objected to this. It has not went to court yet
Expert:  Peter Griesch replied 1 year ago.

Ok. Good. So you'll have a hearing. If court rejects, then you can appeal.

Customer: replied 1 year ago.
If objected by the court and I appeal do I have a better chance or am I just chasing my tail and wasting money?
Expert:  Peter Griesch replied 1 year ago.

That's hard to say. It could be granted on appeal.

Customer: replied 1 year ago.
Ok thank you. The commonwealth is stating my crimes are violent I didn't think this was true. B&e , forgery uttering, possession of firearm not used in comission is this true?
Expert:  Peter Griesch replied 1 year ago.

Were you caught with the gun during the breaking and entering? Even if you didn't use, possession would be considered violent.

Customer: replied 1 year ago.
No not during just had possession of the gun after being a convicted felon
Expert:  Peter Griesch replied 1 year ago.

I don't believe that is a violent crime for this purpose.

Customer: replied 1 year ago.
Ok thank you
Expert:  Peter Griesch replied 1 year ago.

You're welcome.

Please remember to rate my response.

Customer: replied 1 year ago.
Absolutely
Expert:  Peter Griesch replied 1 year ago.

Thank you.

Expert:  Peter Griesch replied 1 year ago.

Please remember to rate my response. Just Answer only pays its experts if the customer rates the response. Thank you.