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Petition the Circuit Court for Gun Restoration due to Felony Convictions

A state felony conviction is a common type of event that triggers a loss of firearm rights. Our Virginia gun right restoration lawyers will review your case and petition the appropriate Virginia Circuit Court for firearm restoration if eligible. The proper court that has jurisdiction to restore firearm rights based on a felony conviction is determined based on residency or place of last conviction for non-residents. Clients must first restore their civil rights before a firearm rights petition can be filed. Cases involving a prior mental incapacity as defined by state law require petitioning the General District Court. Firearm right restorations from other states are recognized as reciprocal.

General District Court Mental Health Restoration of Gun Rights Petition

It is illegal to knowingly and intentionally purchase, possession, or transport firearms by persons acquitted of a crime by reason of insanity, adjudicated legally incompetent or mentally incapacitated or involuntarily admitted or ordered to outpatient treatment. Such persons may petition the general district court in the city or county in which he resides or if the person is not a resident of the Commonwealth then the general district court of the city or county where the proceeding occurred. The general district court will consider evidence of the disability and the petitioner’s criminal history, treatment record along with character and reputation evidence to make a determination if the petitioner is a danger to public safety.

Free Consultation with Highest Rated VA Gun Right Lawyers

Some folks think they do not need help with their Virginia petition to restore gun rights. Be careful because there may be negative consequences. The biggest issues for most petitioners is the lack of experience and legal knowledge. The average person does not understand the best course of action. Our experienced firearm rights lawyers know the best tactics for obtaining the best results. We spend hours in the Courts every week and are familiar with the habits of the different judges who preside over firearm rights cases. This specialized knowledge is invaluable in order to best represent your case.

Firearm Rights Petitions are Argued Before Judge at Court

Firearm rights restoration cases require that a Judge enter an order restoring the individuals gun rights. These are often not easy cases. The petitioner will also have to deal with the Commonwealth Attorney’s Office who will likely object to the petition. There are several things that the petitioners attorney must do to be successful with a such petitions. Appearing in court to argue a case can be a stressful and frightening experience for the untrained individual. Are you prepared to properly introduce key pieces of evidence, argue your case in Court before the Judge and do battle with the Commonwealth Attorney? Our lawyers specialize in representing clients before the courts with these cases and can help.

Lost Firearm Rights Under Federal Law Requires a Pardon

The federal agency tasked with processing federal firearm restorations for federal felony convictions has not been funded to perform this function since 1992. Individuals convicted of a misdemeanor crime of domestic violence are barred from possessing a firearm according to federal law 18 USC(g)(9). This is the rare case where a state conviction triggers a loss of rights under federal law. In either case, the only remedy is a full and absolute pardon from the respective chief executive. Va. Code 18.2-308.1:8 pertains to assault & battery of a family or household member convictions that occurred on or after July 1, 2021. This law has its own restoration provision. Our Virginia firearm right attorneys can help you assess your case.

“AV Preeminent” Gun Rights Attorneys • Martindale-Hubbell Highest Rating

For over 135 years, Martindale-Hubbell has been the authority for evaluating lawyers for their legal ability and ethical standards through a Peer Review Rating system established by judges and attorneys. Riley & Wells Attorneys-A-Law is an AV Preeminent® rated gun rights law firm. The highest Martindale-Hubbell peer rating standard. This rating is given to those who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Retain a Martindale-Hubbell AV Preeminent rated VA firearm rights restoration law firm for your case. Review the law firm’s legal rating and exercise caution before you secure representation with a firm that maintains an inferior rating for legal ability and ethical standards.

Firearm Rights in Virginia GRANTED by Circuit Court

Our client lost his gun rights in 1995 when he was convicted of felony possession of drugs with intent to distribute. Our client rebuilt his life and eventually restored his civil rights. NOTE: The law requires that a gun rights petitioner first have his civil rights restored by the governor’s office. The lawful reason that our client wanted to restore his firearm rights was for self-defense. Our Virginia gun rights restoration lawyers prepared our client’s petition and properly filed it in the Circuit Court. We convinced the Commonwealth’s Attorney to not object to our Petition. The Judge GRANTED the petition and restored our client’s firearm rights. Click on ‘Case Result’ image

Virginia Gun Rights Lawyer and Protective Orders

There are various types of protective orders. The Virginia Courts along with a magistrate can issue protective orders. It is unlawful to knowingly possess, purchase or transport a firearm in Virginia while a protective order is in effect. This includes protective orders from other states with substantially similar laws. A concealed handgun permit becomes invalid during an active protective order. The law allows for a 24 hour period to lawfully sell or transfer your firearms to an eligible recipient or to surrender to law enforcement if you become subject to an active protective order. Our gun rights lawyers can help you with any issue you may be having with your gun rights and a protective order.

Super Lawyers Recognizes Virginia Firearm Rights Attorneys

Super Lawyers is a legal rating service that recognizes outstanding attorneys from more than 70 practice areas who have attained the highest degree of recognition and professional achievement. This organization recognizes the top practitioners nationwide across a variety of practice areas using a patented process of independent research and peer input. Our gun rights restoration law firm has been recognized by this publication since 2009. No more than five percent of the lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated Virginia restoration of firearm rights lawyer who has been recognized with this elite award.

Red Flag Law Substantial Risk Order Attorney and Firearm Rights

A red flag law is a gun law that permits the temporary removal of firearms from a person who is believed to present a danger to themselves or others. In the Commonwealth, this is called a substantial risk order. A judge or magistrate can issue an emergency substantial risk order based on probable cause evidence. This order is valid for 14 days. The Circuit Court then holds a hearing to determine whether a substantial risk order should be entered. The Commonwealth Attorney has the burden of proving all material facts by clear and convincing evidence. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order.

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5/23/2021 | Updated 7/13/2024