From Felon to Firearm Owner—Your Rights. Your Protection. Your Move. - Clean Slate Virginia

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From Felon to Firearm Owner—Your Rights. Your Protection. Your Move.

Last updated: September 14th, 2026

If a felony conviction in Virginia cost you your right to possess a firearm, your ability to protect your family and defend your home is not necessarily gone for good. Virginia law gives you a second chance—your right to possess a firearm and ammunition can be restored by a Virginia Circuit Court Judge.

Your rights! Your protection! Your move! Don’t wait—find out how to restore your firearm rights today!

In Virginia, a felony conviction comes with serious consequences—including the automatic loss of your right to possess a firearm. However, if your civil rights have already been restored, you’re one step closer to restoring your firearm rights too.

Don’t wait. Take control of your rights and start the process to restore your right to possess a firearm and protect yourself, your family and enjoy the rights of gun ownership!

Virginia Restoration of Firearm Rights: What You Need to Know

If you’ve been convicted of a felony, you automatically lose your firearm rights under both Virginia law and federal law. But losing those rights doesn’t always mean they’re gone forever. If you meet specific legal requirements and then Petition the Circuit Court to restore your right to possess a firearm, it’s possible to have your Virginia firearm rights restored.

In this article, learn how the restoration of firearm rights in Virginia works, what steps you need to take, and what laws apply to your situation and how Clean Slate Virginia can help you navigate this process.

The Law: Felony Convictions and Firearm Restrictions

Under Virginia Code § 18.2-308.2, anyone convicted of a felony is prohibited from possessing or transporting firearms and ammunition for firearms. This aligns with federal law under Title 18 U.S.C. § 922(g), which also makes it illegal for convicted felons to possess firearms unless their rights have been restored.

Why Firearm Rights Are Lost After a Felony Conviction

According to Virginia Code § 18.2-308.2 and 18 U.S.C. § 922(g), individuals convicted of a felony are prohibited from possessing firearms. This applies whether your conviction was in a Virginia court, a federal court, or in another state.

How to Restore Your Firearm Rights in Virginia:

STEP 1: Restoration of Civil Rights
There are several ways to restore your firearm rights in Virginia, depending on the reason they were taken away. This article focuses on the most common path to getting those rights back which is by petition to the Circuit Court under Virginia Code § 18.2-308.2(C) after having your civil rights restored by the Governor.

The first step toward restoring your firearm rights is to have your civil rights restored by the Governor of Virginia. This is handled by the Secretary of the Commonwealth (SOC).

To qualify:

  • You must no longer be incarcerated.
  • You must not have any pending felony charges.
  • You must demonstrate good conduct since your release.
  • You must not have a recent criminal record or violent history.
  • Your original felony should not have involved the use of a firearm or other violence—though each case is reviewed individually.

If approved, the Governor will issue a Restoration of Rights Order, which restores your general civil rights—but this DOES NOT include your right to possess a firearm. Additional steps must be taken after your civil rights are restored by the Governor to regain your right to possess a firearm.

STEP 2: Petition the Circuit Court to Restore Firearm Rights
Once your civil rights have been restored, you must file a petition under Virginia Code § 18.2-308.2(C) with the Circuit Court in the city or county where you live (or the jurisdiction of the conviction, if you no longer reside in Virginia). The Commonwealth Attorney must be notified of the petition and given an opportunity to respond. The Commonwealth Attorney has 21 days to respond to the petition. Generally, if the Commonwealth attorney does not object, an order for restoration of firearm rights can be entered by the Circuit Court Judge. However, if the Commonwealth Attorney objects, a hearing will be scheduled before the Circuit Court judge.

The court will consider, among other things:

  • The nature and seriousness of your original offense
  • Whether a firearm was used in the crime
  • How long it has been since your conviction or release
  • Your conduct and rehabilitation since the conviction
  • Your stated reasons for seeking firearm rights (e.g., self-defense, hunting, employment)

A court hearing will likely be scheduled, where the Commonwealth’s Attorney can support or object to your petition. If the petition is granted, you will receive a court order restoring your firearm rights which should then be forwarded to the Virginia State Police. If the petition is granted, the petitioner must have their fingerprints processed prior to transmitting the order to the Virginia State Police.

If the petition is granted, it is essential to wait until the Virginia State Police receive all court orders prior to possessing or attempting to purchase a firearm. Every petitioner should confirm that their criminal record has been updated by contacting the Virginia State Police Firearms Transaction Center.

Understanding and Exercising Your Right to Possess a Firearm Can Bring These Benefits:

1. Personal and Family Protection
Many people want the legal ability to own a firearm to protect themselves and their families—especially if they live in high-crime areas or rural locations where law enforcement response times may be slower.

2. Hunting and Sporting Activities
Firearms are often used for lawful recreational purposes like hunting, sport shooting and competitive marksmanship. Losing this right can mean losing access to meaningful hobbies or even cultural traditions.

3. Employment Opportunities
Some jobs—such as those in security, private investigation, or armed transportation—require lawful firearm possession. Regaining this right may open doors to careers that were previously off-limits due to a felony conviction.

4. Restoration of Dignity and Rights
Restoring firearm rights is often seen as part of regaining full citizenship and dignity. For many, it’s a symbolic step toward redemption and moving beyond a past mistake.

5. Property Defense
In rural areas of Virginia, firearms may be viewed as essential tools for defending property—against both wildlife and intruders. Restoring this right offers peace of mind to many residents.

2026 Update: A New Federal Path Is Finally Available

Restoring firearm rights in a Virginia circuit court does not always eliminate every federal restriction. Until now, many people who remained prohibited under federal law had no practical administrative process for asking the federal government to restore their rights. After more than 30 years, that opportunity is finally returning!

The Department of Justice has created a new Federal Firearm Rights Restoration program under 18 U.S.C. § 925(c). The program permits federally prohibited individuals to apply for an individualized determination that restoring their firearm rights would not endanger public safety and would be consistent with the public interest.

The public portal is scheduled to open November 4, 2026, but only the first 5,000 public applicants will be accepted during that round. An additional 500 applications will be accepted beginning January 4, 2027, when a $30 application fee takes effect.

Eligibility and timing depend on the applicant’s complete history. Violent felony convictions are subject to a permanent presumption against relief absent extraordinary circumstances. Drug-trafficking and certain firearm-related felony convictions generally have a ten-year presumptive period, while other felonies generally have a five-year period. Completing the applicable period does not guarantee approval.

Applicants will need court and investigative records, official documentation showing completion of the entire sentence, criminal-history reports and three unrelated character references who have known them for at least three years. Gathering those materials will take time.

 

Contact Clean Slate Virginia toady to see if you are eligible:



 

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