A felony conviction does not always mean a lifetime loss of firearm rights in Virginia. If your civil rights have been restored, Virginia law allows you to petition a circuit court to restore your right to possess, transport, and carry firearms. Clean Slate Virginia will explain how firearm rights restoration works, who may qualify, what “good cause” means, and how the process applies if you now live outside Virginia, are still on probation, or have a prior violent or firearm-related conviction.
At Clean Slate Virginia, we help individuals understand whether they qualify for restoration of firearm rights and have a proven record of restoring firearm rights for our clients under Virginia Code § 18.2-308.2. To learn more, schedule your consultation with a Virginia firearm rights restoration lawyer.
Can a Felon Own a Gun in Virginia?
A person who has been convicted of a felony cannot legally possess, transport, or carry a firearm in Virginia unless the person’s firearm rights have been restored.
A common misunderstanding is that restoration of civil rights by the Governor automatically restores firearm rights. It does not.
For people with Virginia felony convictions, restoring firearm rights involves two separate steps:
- Restoration of civil rights by the Governor or other appropriate authority; and
- A separate petition to a Virginia circuit court asking the court to restore firearm rights.
Until firearm rights have actually been restored, a person subject to the felony firearm prohibition can not possess or purchase a firearm. If you are unsure whether you have the right to own a firearm, contact our attorney in Virginia.
Can a Felon Restore Gun Rights in Virginia?
Yes. Virginia law provides a procedure through which people with felony convictions may ask a circuit court to restore their firearm rights.
Virginia Code § 18.2-308.2(C) provides, in relevant part:
“Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under this section may petition the circuit court of the jurisdiction in which he resides or, if he is not a resident of the Commonwealth, the circuit court of the jurisdiction in which he was last convicted of a felony in the Commonwealth, for a permit to possess or carry a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority.”
The statute further provides:
“The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order.”
This means firearm rights are not restored automatically simply because a person’s civil rights have been restored. A separate petition must be filed, and the petitioner must convince the circuit court that there is “good cause” to restore firearm rights. Our lawyer in Virginia can help you take the necessary steps to restore your firearm rights.
Virginia Code § 18.2-308.2(C) and Firearm Rights Restoration
Virginia Code § 18.2-308.2 is the principal Virginia statute governing firearm possession by persons convicted of felonies.
Subsection C creates the procedure for asking a circuit court to restore firearm rights.
The statute gives the circuit court discretion. This is important because a petitioner does not automatically receive restoration merely by meeting the basic eligibility requirements.
Instead, the judge considers the circumstances presented and determines whether the Virginia petitioner, with help from their firearms rights restoration lawyer, has established good cause.
What Is the “Good Cause” Standard for Virginia Firearm Rights Restoration?
Virginia Code § 18.2-308.2 does not provide a specific checklist defining “good cause.” Instead, the circuit court has discretion to evaluate the individual circumstances of the case. Factors that may be relevant include:
- The nature and circumstances of the felony conviction;
- How much time has passed since the conviction;
- Whether there have been later criminal convictions;
- Whether probation or supervised release was successfully completed;
- Whether restitution, fines, and other court obligations were satisfied;
- Evidence of rehabilitation;
- Employment history;
- Family and community ties;
- Letters of support;
- The petitioner’s reason for seeking restoration of firearm rights; and
- Whether the Commonwealth’s Attorney supports, opposes, or takes no position on the petition.
No single factor necessarily determines whether a petition will be granted. The purpose of a well-prepared petition is to give the court a complete picture of the petitioner and explain why restoration is appropriate now. Our firearm rights restoration attorney at Clean Slate Virginia focuses petitions on demonstrating that the Virginia petitioner will be a responsible firearm owner.
A petition should do more than simply state that the person wants to own a firearm. It should explain what has changed since the conviction and why the petitioner’s history demonstrates rehabilitation, responsibility, and good cause.
Do You Have to Restore Civil Rights Before Restoring Gun Rights?
Yes, as our lawyer can further explain during your initial consultation, restoring civil rights is a required the first step before asking a Virginia circuit court to restore firearm rights.
Restoration of civil rights and restoration of firearm rights are separate legal processes. The Governor’s restoration of civil rights concerns rights such as voting, serving on a jury, running for public office, and serving as a notary public. It does not itself restore the right to possess a firearm.
After civil rights have been restored, the person is then eligible to file a separate petition for firearm rights restoration under Virginia Code § 18.2-308.2(C). If your civil rights have not yet been restored, that process generally must be addressed before filing a firearm rights restoration petition.
Can I Restore Gun Rights If I Live Out of State?
Yes, a person does not have to currently live in Virginia to seek restoration of firearm rights arising from a felony conviction. Virginia Code § 18.2-308.2(C) specifically addresses people who no longer live in the Commonwealth. A Virginia resident may generally petition the circuit court in the jurisdiction where the person resides. If the petitioner does not currently reside in Virginia, the statute permits the petition to be filed in the circuit court of the jurisdiction in which the person was last convicted of a felony in Virginia.
For example, someone who was convicted of a felony in Virginia, later moved to Florida, North Carolina, Texas, or another state, and had his or her civil rights restored may still potentially petition a Virginia court for restoration of firearm rights.
Out-of-state cases can raise additional questions, however. A Virginia restoration order addresses rights under Virginia law, but a person who now lives elsewhere must also consider the laws of the state where he or she resides as well as any applicable federal restrictions.
Can a Firearm Rights Restoration Hearing Be Held Remotely?
Yes. Whether a remote hearing is permitted depends on the particular circuit court and judge. Virginia courts use remote technology in many types of proceedings, and a firearm rights restoration attorney may ask for permission for a petitioner to appear remotely when appropriate.
This can be particularly useful for someone who lives hundreds or thousands of miles outside Virginia. A remote appearance should not be assumed; it must be granted by the judge. Depending on the court, a judge may:
- Permit the petitioner to appear by video;
- Decide the petition without live testimony in an appropriate case;
- Require an in-person hearing; or
- Require the petitioner to personally appear even if counsel is present.
Court practices vary among Virginia jurisdictions. Clean Slate Virginia routinely arranges for remote appearance for out-of-state clients, but that decision rests with the judge.
Can You Restore Gun Rights After a Firearm-Related Felony?
Yes. A prior firearm-related felony does not create an automatic statutory bar to filing a petition under Virginia Code § 18.2-308.2(C). It can, however, make the petition significantly more difficult.
If the underlying felony involved unlawful firearm possession, use of a firearm, brandishing, or another firearm-related circumstance, a judge will scrutinize the request particularly closely. In those cases, important considerations may include:
- How long ago the offense occurred;
- The exact facts of the offense;
- Whether anyone was injured;
- Whether the petitioner has had later criminal convictions;
- Whether probation was successfully completed;
- The petitioner’s employment and family history; and
- The petitioner’s reason for requesting restoration.
A petition involving a firearm-related conviction should address the prior conduct directly rather than avoid it. The goal is to explain to the court why the circumstances today are different from the circumstances that existed at the time of the conviction. Our attorney at Clean Slate Virginia has successfully restored firearm rights for clients in Virginia with prior firearm felony and misdemeanor convictions.
Can You Restore Gun Rights After a Violent Felony?
Yes, but our Virginia attorney will explain that a violent felony makes firearm restoration substantially more difficult. The nature of the original conviction is one factor the court may consider when deciding whether good cause exists. A judge may consider:
- What actually occurred;
- How serious the offense was;
- Whether anyone was injured;
- Whether a weapon was used;
- The petitioner’s age at the time of the offense;
- The amount of time that has passed;
- Whether the petitioner has had any later criminal involvement;
- Whether probation was successfully completed;
- Employment and family responsibilities;
- Treatment or rehabilitation where relevant; and
- The petitioner’s overall conduct since the conviction.
A conviction that occurred decades ago followed by a long period of lawful, stable, and productive conduct may present a very different case from a recent violent offense. There is no guarantee that a court will restore firearm rights, particularly following a serious offense.
A carefully prepared petition should give the court enough information to evaluate the petitioner as he or she exists today rather than simply looking at the title of an old conviction.
Can You Restore Gun Rights While on Probation?
Virginia Code § 18.2-308.2(C) does not establish a universal rule stating that every petitioner must have completed probation for a specific number of years before filing. Nevertheless, being on active probation can be a significant issue when a lawyer is working to restore your firearm rights in Virginia.
A judge considering whether good cause exists may view successful completion of probation as important evidence that the petitioner has complied with the law and completed the obligations arising from the conviction.
If a petitioner remains on supervised probation, has recently violated probation, has unpaid restitution, or has unresolved court obligations, the court may conclude that the request is premature.
In many cases, completing probation and establishing a period of successful conduct afterward can strengthen a firearm rights restoration petition. Whether to file while still on probation should therefore be evaluated carefully based on the individual circumstances.
How Long Does It Take to Restore Gun Rights in Virginia?
There are two different questions involved: how long someone must wait before filing, and how long the court process takes after filing.
Virginia Code § 18.2-308.2(C) does not establish one universal waiting period for all felony firearm rights restoration petitions. Instead, the court applies the “good cause shown” standard. That means the amount of time that has passed since the conviction can be extremely important even though the statute does not establish a fixed waiting period.
A person whose felony occurred many years ago and who has maintained a clean record since then will generally be able to present a different rehabilitation case from someone who only recently completed a felony sentence.
Once a petition is filed, the amount of time required to obtain a ruling can vary by jurisdiction. Factors can include:
- The court’s docket;
- Whether criminal-history records must be obtained;
- Whether certified court records are needed;
- Whether the Commonwealth’s Attorney requests additional information;
- Whether a hearing is required; and
- How quickly the judge reviews the petition.
Some petitions may be resolved without extensive litigation, while others may require a hearing in Virginia and additional evidence that our firearm rights restoration attorney can help gather.
Does Virginia Restoration of Civil Rights Restore Gun Rights?
No. Restoration of civil rights does not automatically restore firearm rights. This is one of the most important distinctions in the Virginia restoration process. A person may have had voting rights and other civil rights restored by the Governor and still remain prohibited from possessing firearms.
For people with felony convictions, the process involves two separate steps:
- Obtain restoration of civil rights from the Governor or other appropriate authority; and
- Petition the appropriate Virginia circuit court for restoration of firearm rights.
The circuit court then determines whether good cause has been shown.
How Does the Virginia Firearm Rights Restoration Process Work?
The precise procedure can vary somewhat by jurisdiction, but the general process usually involves several steps that our Virginia gun rights restoration attorney can help you complete. First, the petitioner must confirm that civil rights have already been restored. Next, the appropriate circuit court must be identified. For a Virginia resident, that is the circuit court in the jurisdiction where the petitioner resides. For a person who no longer lives in Virginia, the petition may be filed in the Virginia jurisdiction where the person was last convicted of a felony. The petition is then prepared and filed with the court. Supporting documents may include:
- Proof of restoration of civil rights;
- Criminal-history records;
- Certified conviction records;
- Evidence of completion of probation;
- Evidence of payment of restitution;
- Employment information;
- Letters of support;
- Firearm-safety training records; and
- Other materials demonstrating rehabilitation and good cause.
The Commonwealth’s Attorney may review the petition and may support it, oppose it, take no position, or request more information. The court may then schedule a hearing. At a hearing, the petitioner may be asked about matters such as:
- The original felony;
- Conduct since the conviction;
- Employment;
- Family circumstances;
- Subsequent criminal history;
- Alcohol or drug issues where relevant;
- Why firearm rights are being requested; and
- Knowledge of firearm safety.
If the court concludes that good cause has been established, the judge may enter an order restoring firearm rights under state law.
What Should Be Included in a Strong Gun Rights Restoration Petition?
Every case is different, but our Virginia lawyer includes the following information in a strong petition for firearm rights restoration:
- Each felony conviction;
- The date and jurisdiction of conviction;
- The facts surrounding the conviction;
- Completion of incarceration;
- Completion of probation;
- Payment of restitution;
- Restoration of civil rights;
- Subsequent criminal history;
- Employment history;
- Family responsibilities;
- Community involvement;
- Education or professional accomplishments;
- Firearm-safety training;
- Letters of support;
- The amount of time since the felony; and
- The legitimate reasons firearm restoration is being requested.
The objective is to provide the judge with a complete picture of the petitioner. A well-prepared petition should answer the central question presented by the statute: why is there good cause to restore this person’s firearm rights now?
Do I Need a Virginia Gun Rights Restoration Lawyer?
State law does not require a person to hire an attorney simply to file a firearm rights restoration petition. However, these cases can involve important legal and practical issues. A Virginia gun rights restoration attorney may assist with:
- Determining the correct court;
- Reviewing eligibility;
- Confirming restoration of civil rights;
- Obtaining conviction records;
- Reviewing criminal-history information;
- Preparing the petition;
- Addressing unfavorable facts;
- Communicating with the Commonwealth’s Attorney;
- Determining whether a remote appearance may be possible; and
- Preparing the petitioner for a hearing.
Because the statute gives the circuit court discretion, the quality and completeness of the information presented to the judge matters. Clean Slate Virginia has prepared successful petitions across the state and has experience persuading judges to restore firearm rights.
What About Federal Firearm Law After Virginia Restores Gun Rights?
As our attorney knows, restoration of firearm rights can involve both Virginia and federal law. A Virginia circuit court order restoring firearm rights may be extremely important in determining whether a prior Virginia felony continues to create a federal firearm disability. However, federal law must still be considered separately.
Additional federal firearm prohibitions may arise from circumstances unrelated to the felony itself, including certain domestic-violence convictions, qualifying protective orders, or other disqualifying conditions. For that reason, a person should not assume that obtaining a Virginia court order automatically resolves every possible firearm restriction under federal law. The person’s complete criminal history and circumstances should be reviewed before purchasing or possessing a firearm.
Contact Our Virginia Firearm Rights Restoration Attorney
A felony conviction can follow someone for years, but Virginia law provides a procedure through which deserving individuals may ask a circuit court for a second chance.
Clean Slate Virginia represents clients seeking restoration of firearm rights throughout Virginia, including individuals who now live outside the Commonwealth.
We help clients review their eligibility, confirm restoration of civil rights, obtain relevant court records, prepare the petition, communicate with the Commonwealth’s Attorney and circuit court, and appear at a hearing when one is required.
The central legal question under Virginia Code § 18.2-308.2(C) is whether the petitioner can demonstrate “good cause shown.”
For someone who has completed his or her sentence, rebuilt a productive life, maintained a strong record, and can demonstrate rehabilitation, a carefully prepared petition can give the court the information it needs to decide whether firearm rights should be restored. For legal guidance, schedule your consultation with a Virginia firearm rights restoration lawyer.
