Hampton Roads Criminal Defense Attorney Serving Hampton Roads & The Surrounding Areas

How To Restore Firearm Rights In Virginia

Want to get back your gun rights?

If you are convicted of a felony, then you automatically lose your right to have a firearm in the United States. To restore your gun rights, you must petition the Commonwealth of Virginia; your rights will not be automatically restored after probation.

Eligibility for Restoration of Firearm Rights

There are four situations in which the court may grant your petition:

  1. You were pardoned
  2. You have had your political disabilities removed ( Article V, Section 12 of the Constitution of Virginia) & there are no conditions related to the reinstatement of your firearm rights
  3. The Circuit Court granted your right to possess a firearm and the Governor restored your political rights or the Bureau of Alcohol, Tobacco and Firearms removed your federal disabilities
  4. The Governor of Virginia (or the Governor of the state that convicted you) restored your political rights and the reinstatement included firearm rights or the Circuit Court restored your firearm rights or the Bureau of Alcohol, Tobacco and Firearms removed your federal disabilities

Have questions about your eligibility to have your firearm rights restored? Contact the Law Office of Shawn M. Cline, PC for a free consultation!

With over a decade of experience in criminal law and a special focus on felonies, Attorney Cline is well-equipped to handle your case! He is a former JAG who is trained to win for his clients.

Types of Governor's Pardon

According to Virginia law, the Governor can issue three types of pardons:

  • Simple pardon: official statement of forgiveness. To obtain this pardon, you must have been convicted in the state of Virginia and you must provide proof that you have done all that you can to rehabilitate yourself. You can only petition for this type of pardon 10 years after your conviction and after any suspension or probation time is over. Simple pardons are usually only granted in exceptional circumstances.
  • Conditional pardon: early release for inmates. To obtain this pardon, incarcerated persons must show extraordinary circumstances or use medical clemency (terminally ill with three months or less to live).
  • Absolute pardon: official statement that you did not commit the crime. This would also allow the conviction to be removed from your criminal record.

Consult a Hampton Roads Criminal Lawyer for Free

Discuss your case with a criminal defense lawyer at the Law Office of Shawn M. Cline, PC free of charge! Contact us by calling (757) 209-2328. We offer military discounts!