2nd Amendment Rights Of The Accused In Virginia
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If you have been granted restoration of your political rights from the Governor of Virginia, you may petition circuit court of the county or city in which you reside or of the county or city in which you were convicted, for a hearing to request restoration of your firearm rights.
After you file your petition requesting restoration of your gun rights in Circuit Court, a hearing would not be scheduled for at least 21 days. Depending on the judge's schedule, obtaining a hearing date may take months or longer. The whole process usually takes approximately two to four months to complete.
After having been convicted of a felony you had your civil rights restored (simple pardon) pursuant to Article V, Section 12 of the Constitution of Virginia 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 ...
One of the long-term consequences of a felony conviction in Virginia is that you would lose your right to own a gun. This is true no matter how long ago your conviction was and what your sentence was. However, you may be able to get your firearms rights restored with the help of an experienced criminal defense lawyer.
Open carry is legal in Virginia without a permit for anyone who is at least 18 years old who can legally possess a firearm. However, Localities, such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks and at special events.
An individual is eligible to apply to have his/her rights restored by the Governor if he/she has been convicted of a felony and is no longer incarcerated. Individuals who would like to have their civil rights restored are encouraged to contact the Secretary of the Commonwealth (SOC) through the website.
If you have been granted restoration of your political rights from the Governor of Virginia, you may petition circuit court of the county or city in which you reside or of the county or city in which you were convicted, for a hearing to request restoration of your firearm rights. See VA Code § 18.2-308.2.
How long does it take to get my rights restored? The review process usually takes 1-3 months after an individual has contacted the office requesting restoration of rights. Click here to contact the office and request your rights be restored.
If you are convicted of a felony in the Commonwealth of Virginia, you civil rights are not automatically restored. However, having a Virginia gun lawyer working for you means having extra help in correctly answering the petition and being prepared to use that restoration of civil rights to take the next step.
