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Second Amendment Rights And Powers In Virginia
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US-000298
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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 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 ...
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.
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.
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.
Firearm Prohibitions in Virginia Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
A firearm may be carried openly in Virginia except where prohibited by statute. Please refer to §§ 18.2-279 to 18.2-311.2. The Code of Virginia may be searched at .
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer.
As of July 1, 2010, a concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel. The term "secured" as used does not require the compartment to be locked.
Code §18.2-308 is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, or both. A second offense is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500, or both.