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How to I get my rights to won a firearm, after I have my civil

right restored, crime was nonviolent...
How to I get my rights to won a firearm, after I have my civil right restored, crime was nonviolent
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Answered in 10 minutes by:
11/1/2012
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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Hello.

If your rights have been restored, you have to petition the Circuit Court where you live. The information is as follows:

 

§ 18.2-308.2 (Virginia Code)

Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been granted a permit pursuant to this subsection.

 


To petition the Circuit Court, I would suggest contacting the clerk of court to see if the have a preprinted application so you do not have to reinvent the wheel. The applications are usually fairly simple so you should be able to fill them out yourself without a lawyer if you choose. Essentially, you have to show good cause for why your rights should be restored.

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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Customer reply replied 5 years ago

will this be enough for when gun purchases are made, when they do back ground check?

It should. It is the procedure under state law to restore firearm rights. As to restoring your rights under federal law, federal law states:

 

"What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any 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 this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."

 

So a restoration of rights and issuance of a permit by the circuit court should also clear you under federal law.

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