When you are convicted of a felony in Virginia, you lose some important rights, like your right to vote, and own to a firearm. But here’s the good news: after you’ve served your sentence, you have the opportunity to restore your right to own a firearm. Here’s how you can start the process:
1. Restore Your Civil Rights
The first step to getting your rights back is to apply for the restoration of your civil rights through the Governor’s office. Only the Governor can restore these rights, which include your right to:
- Vote
- Serve on a jury
- Become a Notary Public
- Run for Public Office
However, it’s important to know that the Governor cannot restore your gun rights—that’s a separate step. Before you can move on to that, you must first be approved for civil rights restoration, which typicallyx takes 1-3 months. To be eligible, you must have completed your sentence and be free from any incarceration related to your felony conviction. You can apply and find out more information about the process here: https://www.restore.virginia.gov/
2. Petition the Court
Once your civil rights have been restored, you can petition the Circuit Court to restore your gun rights. The specific court you petition depends on where you currently live in Virginia. If you’ve moved out of state since completing your sentence, you’ll need to petition the Circuit Court where you were originally convicted.
3. Attend the Hearing
The Court will usually schedule a hearing date where you’ll have the opportunity to present your petition. During this hearing, the Commonwealth’s Attorney may object to your request to have your rights restored. The judge will consider your history, the nature of your previous convictions, and any objections from the Commonwealth’s Attorney before making a decision. If the court grants your petition, you’ll regain the right to possess a firearm in Virginia.
For more information on eligibility and the process on how to restore your gun rights, visit this FAQ article or call us for a free consultation.
