In Virginia, anyone convicted of a felony automatically loses the right to possess a firearm (even if they committed a nonviolent offense or were convicted many years ago). From being an avid hunter and marksman to protecting an individual’s home and family, there are many reasons why losing this right can be significant.
Fortunately, Virginia law provides a path for those convicted of a felony to regain their eligibility to purchase and own a firearm; however, the process is not automatic. As a Virginia gun rights restoration lawyer, attorney Mark Hurt helps individuals regain the ability to exercise their Second Amendment rights.
If you lost your gun rights and are interested in having your privileges restored, we invite you to call our office to schedule a free consultation with experienced Abingdon gun restoration lawyer Mark Hurt. We also encourage you to read through the following article to learn more about the restoration process.
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Can A Convicted Felon Get Their Gun Rights Back in Virginia?
Yes. Under state and federal law, individuals convicted of a felony lose their rights to possess or own firearms, but these privileges are not automatically restored. To obtain a restoration of rights, the following must occur:
- Gun rights must be reinstated under Virginia AND federal law; and
- A successful gun restoration pardon must be filed and approved.
What Is A Gun Restoration Pardon?
If an individual is convicted of a state felony, a simple pardon can be utilized to restore gun rights. Under Virginia law, if five years have transpired since all conditions of the court were met (e.g., parole, incarceration, etc.) without any additional criminal convictions, a person may apply for a pardon. A simple pardon will not remove a felony from a criminal record, but it adds a note allowing a person to regain their firearms rights.
If a felony pardon is issued, all rights that were lost are restored unless otherwise noted by the court.
Can I Be Pardoned For An Out-Of-State Felony?
Every state has specific gun restoration laws, meaning the process can vary significantly for convictions outside of Virginia. However, even if you have an out-of-state felony, The Law Offices of Mark T. Hurt can assist in contacting the appropriate authorities to get the process started. It is important to note that you may be required to travel back to the applicable state to testify about an incident. Call our office today to schedule a complimentary consultation with a gun restoration lawyer to learn more about your options for pursuing an out-of-state pardon.
How Do I Get My Gun Rights Restored In Virginia?
If you were convicted of a felony, you might still be eligible to purchase a firearm if your rights have been restored under both state and federal law, as follows:
- If you have been granted a full pardon is granted by the Governor;
- After having been convicted of a felony, your political rights have been restored through a simple pardon by the Governor, and then 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); or
- If you were convicted of a felony in another state, the Governor of the state in which you were charged restores your political rights, and a legal authority restores your gun privileges; or
- If you were convicted of a felony in a federal court, your firearm disabilities have been removed by the Bureau of Alcohol, Tobacco, and Firearms (“ATF”).
Call Our Office To Schedule A Free Consultation With An Experienced Abingdon Gun Restoration Attorney.
The process for restoring gun rights can be challenging, involving both state and federal agencies to process and issue pardons. With more than 25 years of law practice, attorney Mark Hurt can help you in seeking to restore your gun rights. Call today to schedule a free consultation to learn about your legal options for pursuing a pardon.