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Second Amendment Rights For Felons In Fairfax
Category:
State:
Multi-State
County:
Fairfax
Control #:
US-000298
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FAQ
In Fairfax County, the government allows people to openly carry their weapons as long as their possession of the gun is legal and the carrying does not occur in a prohibited area.
A person convicted of a felony automatically loses their firearm rights under state and federal law.
Open Carry is legal in Virginia in most places with or without a Concealed Handgun Permit (CHP) for those who are 18 years of age or older and are not prohibited from possessing firearms. Concealed Carry requires, with a few exceptions, a CHP. (See §18.2-308, Sections B, C, & D for the exceptions.)
Virginia does not require firearm registration nor is it necessary to obtain a permit before carrying a firearm or other such weapon openly about the person except where prohibited by statute.
Can I “open carry” a firearm in Virginia? A firearm may be carried openly in Virginia except where prohibited by statute. Please refer to VA Code §§ 18.2-279 to 18.2-311.2.
No, he is not allowed to be around you if you're carrying or if it's in your car and you are out with him etc. A felon has lost his state and Federal gun rights, and he cannot be anywhere near a firearm. Our laws allow for possession to be constructive rather than actual.
If you were convicted of any misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.
Anyone convicted of a felony in Virginia automatically loses their civil rights - the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
The Second Chance Act (SCA) supports state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning from state and federal prisons, local jails, and juvenile facilities.
If you were convicted in Virginia Circuit Court, you must petition the circuit court in the jurisdiction where you reside to regain state firearms privileges. For out-of-state or federal felony convictions, you must petition the court of conviction to regain firearm privileges.