Can a Felony Conviction Result in Losing Your Gun Rights in VA?
A felony conviction in Virginia comes with many consequences. Among the potential consequences is the possibility of losing many of your civil rights. In addition to losing your right to vote or pursue public political office, you also lose your right to possess or own a firearm. This holds true no matter how long ago you were convicted of a felony. If you have a felony conviction on your record, you have lost your right to own or possess a gun. However, Virginia law provides legal options for convicted felons by which they may seek to have their gun rights restored.
If you were convicted of a felony in the state of Virginia, an experienced Virginia criminal defense attorney may be able to assist you in the pursuit of gun rights restoration. Our Roanoke law firm has extensive experience representing those accused of or convicted of criminal offenses. We would be proud to represent your legal rights in pursuit of a satisfactory outcome in the case and potentially restore your right to bear arms in the state of Virginia. To learn more about our legal services, please contact our law offices to schedule an in-depth case evaluation today.
What Are the Potential Consequences of a Felony Conviction?
There are several possible consequences for being convicted of a felony in Virginia.
These include:
- Jail time or prison time.
- Losing the right to run for public office.
- Losing the right to serve as a notary public.
- Possibly registering as a sex offender.
- The loss of the right to own or possess firearms.
- The loss of the right to serve on a jury with your peers.
- The loss of the right to vote in elections.
- The potential for fines.
In addition to these consequences, felony convictions come with a certain social stigma, which can negatively impact the future opportunities for convicted felons. An individual with a felony conviction on their criminal record could find it more difficult to obtain new employment, seek education opportunities, obtain credit for a home or a car, or work in certain positions of power.
Are You Eligible to Have Your Firearm Rights Restored?
Those convicted of felonies in Virginia automatically lose their right to own or possess firearms in the state. With that said, certain individuals may have the opportunity to have their gun rights restored after certain criteria are met. It may be possible to have your firearm rights restored after you have completed your sentence, even if you are convicted of a violent criminal offense.
Virginia state law allows a person to possess a firearm after a felony conviction in the following situations:
- After being officially pardoned.
- After having been adjudicated delinquent as a juvenile, completing at least two years in the armed forces and receiving an honorable discharge.
- After having their rights to possess firearms and ammunition restored according to the law of another state.
- After the right to possess, carry, or transport explosive material is restored according to federal law.
- As an active-duty member of the United States Armed Forces or National Guard of Virginia or another state.
In Virginia, it is possible for a convicted felon to own certain other specifically listed weapons and in certain instances some amount of black powder. You should consult with an experienced Virginia criminal defense attorney for advice concerning what types of weapons may be allowed to be possessed without having your rights restored.
Do You Need Your Civil Rights Restored Before You Restore Your Gun Ownership Rights?
Before you get your gun rights back, it is necessary for you first to restore your other civil rights.
This can be accomplished by filing an application for restoration of your civil rights with the Virginia Governor’s office. You may be eligible to have your civil rights restored after you have completed your prison sentence.
What if You Lost Your Gun Rights Due to a Felony Conviction in Federal Court?
If you were convicted of a federal felony crime, you are likely to be ineligible to restore your gun rights in the state of Virginia. To learn more, please contact our law firm for legal assistance.
What if You Committed a Felony in Another State?
If you were convicted of a felony in another state, you must have your firearm rights restored in the state that convicted you. For those with felony convictions in multiple states, for example, Virginia and somewhere else, you would need to have your gun rights restored in both states.
What Are the Consequences of Violating VA Gun Laws After a Felony Conviction?
Possession of a firearm by a convicted felon in the state of Virginia is considered a Class 6 felony. This felony offense can be punished with up to five years in prison or up to a year in jail, as well as financial penalties of up to $2,500.
There is a mandatory minimum sentencing of at least two years in prison if the offender was convicted of a nonviolent felony within the last ten years. If the offender was previously convicted of a violent felony, the mandatory minimum consecutive sentence is five years in prison.
Contact Us to Schedule Your Initial Consultation Today
If you have been convicted of a felony, you stand to lose many of your civil rights, including your rights to own or possess a firearm in the state of Virginia. However, certain individuals may be eligible to have their firearm rights restored. To do so, it is highly recommended that you work with a Virginia gun rights lawyer for legal guidance. Our law firm has years of experience representing clients in complex criminal defense legal matters, and we would be proud to represent you in your legal case as you pursue the restoration of your civil rights.
To discuss your case in more detail, please contact our criminal defense attorneys for a confidential consultation today. Call us at (540)-384-4585.
