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In the State of Virginia they have a policy where if the Governor…

In the State of Virginia...
In the State of Virginia they have a policy where if the Governor restores your rights, you can then petition the Circuit Court where you live to get your Gun rights restored. This can be restored even if the Felony was from another state in the past. My question is if you get your Gun rights restored in Virginia does this mean you will also be cleared on a Federal Level? Or will you still be in trouble on a Federal level? I was under the assumption that you needed to go back to the State where the Felony was committed.
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Answered in 12 minutes by:
10/2/2012
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
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Welcome and thank you for your question!

18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) say that “[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of” the federal gun ban."

To determine whether someone’s civil right to own a gun has been restored, federal courts “look to the law of the jurisdiction of conviction . . . and consider the jurisdiction's entire body of law.” United States v. O’Neal, 180 F.3d 115, 119 (4th Cir.), cert. denied, 528 U.S. 980 (1999).

So, your understanding is correct. One has to go back to the jurisdiction of the conviction to have the civil rights to be restored in order to also be cleared on the federal level. If the jurisdiction of the conviction does not restore one's civil rights, then one is without any further recourse (and that does happen).

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
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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).

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