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.
Country relating to Question: United States
State (if USA): Florida
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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.
18 years of NYC criminal litigation experience.
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