Gun Rights Restoration

      Bobby was convicted of armed robbery when he was sixteen years old in the Norfolk Circuit Court. He has not been in any trouble since his conviction nearly seven years ago. But Bobby still cannot possess a firearm or ammunition because he is a convicted felon. That is because, in Virginia, it is unlawful for a person to possess a firearm if he was found guilty or adjudicated delinquent of a felony offense committed after his fourteenth birthday.

     Bobby said he would “rather be caught with it than to be caught without it” and decided to possess a firearm for his personal protection. But he either did not understand or did not appreciate the consequences of being “caught with it.” Those consequences did not become real to Bobby until the firearm was found under his seat following a routing traffic stop. Bobby was convicted of being a violent felon in possession of a firearm and sentenced to serve five-years in prison. All of Bobby's consequences could have been avoided because he was most likely eligible to have his right to possess firearms restored before he broke the law.

Restoration Process

     Unfortunately, there is currently no established process to restore your right to possess firearms if you were previously convicted of a federal felony offense. But a person previously convicted of a felony under state law has the opportunity to restore his firearms privileges by following a two-step process. First, he must have his political rights restored by the Virginia governor if the conviction occurred in Virginia. (Click here to determine if your civil rights have been restored by the Virginia governor). Secondly, only after having his rights restored, a person petition his local circuit court for restoration of his right to possess, transport, and to carry a firearm. (Click here to request a consultation if you have been convicted of a felony and would like to determine if you are eligible to have your rights restored.)

    You may file your own petition for restoration of your right to possess a firearm in Virginia by filing your forms pro se. The pro se firearm restoration package is located here, or you may call The Gaines Law Firm today to discuss your rights restoration.