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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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How are you? Can you help me get my gun rights back and my

Customer Question

Hello how are you? Can you help me get my gun rights back and my license back i got thoasand dollars
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you. Please note, we are not a law firm, and do not represent customers. We provide information for legal informational purposes only.

One who is convicted of a felony automatically loses his firearm rights under state and federal law. If you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law, as follows:

You have been pardoned or have had your political disabilities removed pursuant to Article V, Section 12 of the Constitution of Virginia, and the executive order does not place any conditions upon the reinstatement of your right to ship, transport, possess or receive firearms.

-OR-

You were convicted of a felony offense in a Virginia Circuit Court, you have been granted permission by the Circuit Court of the jurisdiction in which you reside or the court in which you were convicted to possess or carry a firearm (with no restrictions on the type or use of firearms) and one of the following:

  • you have had all other political rights restored by the Governor, or,
  • you have had your federal disabilities removed by the Bureau of Alcohol, Tobacco and Firearms.

-OR-

You were convicted of a felony offense in a state other than Virginia, you have had your political rights restored by the Governor of the State in which you were convicted, or other legal authority of that state, and you have had your firearms rights restored (with no restrictions on the type or use of firearms) by a court or other legal authority in the State in which you were convicted.

-OR-

You were convicted of a felony offense by a federal court and have had your firearm disabilities removed by the Bureau of Alcohol, Tobacco and Firearms.

In other words, if you were convicted of a felony in Virginia, you would first need to have your rights restored in Virginia to be able to own a weapon.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Customer: replied 1 year ago.
How do i get my rights back in richmond Virginia I think I got a chance
Customer: replied 1 year ago.
They changed the law in 2015
Customer: replied 1 year ago.
Can i get petrauts
Customer: replied 1 year ago.
Prestigious
Expert:  RobertJDFL replied 1 year ago.

§ 18.2-308.2(C) of the Code of Virginia provides for certain convicted persons to petition the circuit court of the jurisdiction in which he or she resides for a restoration of their right to possess firearms.

Under Virginia law, your political rights must be restored before you may petition the Circuit Court for a restoration of your gun rights.Political rights include the right to vote, to run for and hold public office, to serve on juries, and to serve as a notary public.

Effective July 15, 2013, political rights are automatically restored for persons convicted of most non-violent felonies upon their release and the completion of certain milestones. However, this does not apply to those released from custody prior to July 15, 2013.

Expert:  RobertJDFL replied 1 year ago.

The law did change last year, but only so that if people were convicted in other states had their gun rights restored in that state could then be eligible for gun ownership in Virginia.

Customer: replied 1 year ago.
can u can u explain to me how to try and get my rights back
Expert:  RobertJDFL replied 1 year ago.

As of April 22, 2016, the Governor of Virginia automatically restored the civil rights of all persons convicted of a felony who have completed their sentence and are no longer on probation/parole. So you don't have to worry about that portion. To restore your gun rights, you would need to petition the circuit court in the jurisdiction where you reside to own a weapon.

While this is something that you could theoretically find a generic form for online, it is strongly advisable that you at least talk to a criminal lawyer about drafting and filing the petition for you. The statute states that “the court may” grant the petition “in its discretion and for good cause shown.”

It cannot be overemphasized that the court has incredibly broad discretion and that the standard is extremely vague. The statute states that the court “may” grant the petition; it does not use the word “shall.” Code §18.2-308.2 does not list any specific factors for the court to consider. It only allows that the court may grant the petition for “good cause shown.”

Failure to correctly identify what information needs to be presented in the application, what evidence needs to be used in support of the application, and simply where firearm rights restoration needs to take place, are important factors that could lead to your rights not being granted.

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