If you have been convicted of a felony, you automatically lose your firearm rights under state and federal law. However, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law.
This is not an automatic process. You will need the help of a Richmond gun rights attorney to appeal to the court so you can exercise your 2nd Amendment rights once again. Here’s what you need to know to get your rights back.
Getting a Simple Pardon
If you were convicted of a state felony, the way to restore your rights is through a simple pardon. Under Virginia law, if it has been five years since they freed you from all conditions of the court (e.g. parole, prison) and you’ve had no other criminal trouble, you can apply for a pardon.
A simple pardon DOES NOT remove your felony from your criminal record, but it adds a note that you have been pardoned. Once you have been pardoned for all felonies, all the rights you lost when you became a felon are restored, unless otherwise ruled by the court.
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What If the Felony Was Out-of-State?
Each state has its own rules on how to restore the gun rights of felons who have served their sentence. Moving to a different state does not restore your gun rights. You will need to work with that state’s legal system to get your rights back.
Even if you have an out-of-state felony, we can help you contact the appropriate authorities and get the process started. Be advised that you may need to travel back to the state in order to give testimony about your behavior.
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Restoring Your Gun Rights
In order to completely understand the process & determine whether you qualify, you need an experienced legal team on your side. The Pendleton Law Team can outline your options and help to restore your weapons rights throughout the state of Virginia.
State restoration of all civil rights does not remove the disabilities imposed as a result of a federal conviction. The Supreme Court has held that persons convicted of federal felonies remain subject to the federal firearms disability until their rights are restored through a federal, not state, procedure.
If you feel that your gun rights can be restored, call our legal team today for a free case evaluation or contact us online. We’ll be glad to help you get your rights back.
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