Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My wife and I currently reside in Florida. When we got married

 
FranL's Avatar
  • Answered by:FranL
  • Attorney
  • Positive Feedback: 97.2 %
  • Accepted Answers: 1020
Verified Expert
in Legal

Recent Feedback

Positive
Very frank and knowledgeable, seems to be able to have an answer for just about...
Positive
Type your review here...
Positive
Type your review here...
Positive
Great feedback and I left an extra tip after reviewing your response
Positive
Was disappointed that attorney wasn't from NC.
Positive
Great job
Positive
Excellent advise!
Positive
Wasn't the answer I wanted to hear, but it explained my options. This is what I...
Positive
thank u very much,i feel a little bit better.

Customer Question

My wife and I currently reside in Florida. When we got married I sold all my firearms because my wife had felony convictions in the state of Virginia from when she was about 18 or 19 years of age she is now 31 and has had no other incidents . I would like to own firearms again but don't want to cause any problems for my wife. Is it possible to get my wife rights restored including her right to own a firearm even though we are residents of Florida and her convections were in Virginia and how do we go about it.

 

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
Internet searches for help in the matter

Submitted: 256 days and 10 hours ago.
Category: Legal
Value: $78
Status: CLOSED

Accepted Answer

Picture
Expert:  FranL replied 256 days and 10 hours ago.

Hello Jacustomer,

I am sorry not to be able to give you any kind of very good news here. Your wife would need to take care of this in Virginia, and they are not a very forgiving state, when it comes to gun rights.

She could petition the court to restore her rights, which the court would be able to do, in its discretion, if she could demonstrate good cause for it. Va. Code Ann. 5 18.2-308.2(C) Since states have an interest in keeping firearms out of the hands of felony offenders and you mentioned "felonies" she should get a lawyer if she wants to try this, as he will be able to frame a better argument and the judge would not be inclined to grant this petition unless the argument was highly persuasive.

If she gets that, however, she is not in the clear. She may still not have her Federal gun rights, which would make her state rights meaningless. If the federal government would not accept the return of her rights with a felony still on her permanent record, since the state of Virginia does not expunge convictions, she would have to get a pardon from the governor. You can find more about that here.

So while it's not impossible to achieve this, it's pretty remote. If you do wish to own guns, it would be best to keep them out of your residence where your wife would have no access to them. That's the only 100% safe course of action for you. A gun safe, to which she does not have a key does not always pass muster if the police are summoned to the residence for any reason and find it. I have known of instances where the police will not bother with the guns in a safe, and others where they have made an arrest. Much depends on the facts and circumstances that bring the police to your home.



Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.2 %
Accepts: 1020
Answered: 8/4/2012

Experience: 18 years of NYC criminal litigation experience.

Ask this Expert a Question >
 
Tweet

14 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
210 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC