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Thread: Restoration of Gun Rights Order

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    Restoration of Gun Rights Order

    I am helping someone with their restoration of gun rights. The hearing is this Friday, August 2nd. Since they have not hired an attorney, they have to come to court prepared with the order "for the rights restored" and one "rights denied" so they it can be filed once court is over. Does anyone have an idea where I could get a same copy of what needs to be in the court order? He has had his rights restored through the Secretary of the Commonwealth with the Governor's signature. He has already registered to vote since having his civil rights restored. Is there anyone that can help?

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    Word of warning .. do not violate the "operating w/o a law license" statues ...

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    Campaign Veteran skidmark's Avatar
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    Are you sure the court will not allow you to submit the order form after the hearing? Many attorneys ask leave to do that, annd it beats the "(granted/not granted)" situation where you have to cross out the appropriate phrase.

    Plead ignorance of how the order is to be written and ask for time to go get an attorney to draft it for you. (Legal Zoom seems not to have a stock form for this sort of thing.)

    You start doing your taxes at 10 PM on April 15th, don't you?

    stay safe.
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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by dolswitz View Post
    I am helping someone with their restoration of gun rights. The hearing is this Friday, August 2nd. Since they have not hired an attorney, they have to come to court prepared with the order "for the rights restored" and one "rights denied" so they it can be filed once court is over. Does anyone have an idea where I could get a same copy of what needs to be in the court order? He has had his rights restored through the Secretary of the Commonwealth with the Governor's signature. He has already registered to vote since having his civil rights restored. Is there anyone that can help?
    Google is your friend! A search of "Order for gun rights restoration in VA" comes up with -

    Petition to restore right to purchase, possess or
    www.courts.state.va.us/forms/district/dc4040.pdf‎
    to restore the right to purchase, possess or transport a firearm .... I was the subject of a temporary detention order pursuant to Virginia Code 37.2-809 and ...


    Which leads to this link -
    http://www.courts.state.va.us/forms/district/dc4040.pdf

    Just fill it out, print out, sign and hand it over
    Yes I carry a Bible and a Gun, your point.
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    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Wolf_shadow View Post
    Google is your friend! A search of "Order for gun rights restoration in VA" comes up with -

    Petition to restore right to purchase, possess or
    www.courts.state.va.us/forms/district/dc4040.pdf‎
    to restore the right to purchase, possess or transport a firearm .... I was the subject of a temporary detention order pursuant to Virginia Code 37.2-809 and ...


    Which leads to this link -
    http://www.courts.state.va.us/forms/district/dc4040.pdf

    Just fill it out, print out, sign and hand it over
    Can't get any easier than that...Good find!

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    Campaign Veteran skidmark's Avatar
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    My guess is that the OP and his friend have already filled out and submitted the form linked to. The request for examples of orders appears to be predicated on the fact that they have a hearing date (Aug 2nd) and the judge has in some manner informed them to be prepared for a ruling on the petition at the end of that hearing and wants some writing to sign then and there to be able to enter the decision into the record.

    Rather than spitball the legalese of "Comes now the petitioner, after ... it is ordered and adjudged ...." it may be safer (and cheaper in the long run) to pay an attorney to draft the order. They have a short week to go shopping for someone who can meet with them for about 15 minutes to know what's going on and then tell their secretary/paralegal to whip up a copy of office's boilerplate court order form, massage it for the specifics, and have it ready to be picked up in 24 hours.

    stay safe.
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    Because stupidity isn't a race, and everybody can win.

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    Quote Originally Posted by dolswitz View Post
    I am helping someone with their restoration of gun rights. The hearing is this Friday, August 2nd. Since they have not hired an attorney, they have to come to court prepared with the order "for the rights restored" and one "rights denied" so they it can be filed once court is over. Does anyone have an idea where I could get a same copy of what needs to be in the court order? He has had his rights restored through the Secretary of the Commonwealth with the Governor's signature. He has already registered to vote since having his civil rights restored. Is there anyone that can help?
    The proper form can be found in most "form" books that can be found in your local legal library, which is usually located at the court house. I'll try and run down to the court house in Richmond by tomorrow for you if you can't make it to yours. Any lawyer should have it. LU law library should have a form book too.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by kenny View Post
    The proper form can be found in most "form" books that can be found in your local legal library, which is usually located at the court house. I'll try and run down to the court house in Richmond by tomorrow for you if you can't make it to yours. Any lawyer should have it. LU law library should have a form book too.
    For those that don't know, the code provides that a certain portion of fines go to a public law library in every Circuit Court.

    One of the best kept secrets around.

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    A cautionary note: it is a class one misdemeanor to practice law without a license, good for up to twelve months in jail and a twenty-five hundred dollar fine, either or both. "Helping" someone else, even a family member, with court proceedings is the practice of law. Moreover, you don't have to be licensed as an attorney to be sued for legal malpractice and found to be liable for damages. When you ask questions as you are, you're pretty much demonstrating that you don't know what you're doing. My strong suggestion, get your friend an attorney.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Quote Originally Posted by user View Post
    A cautionary note: it is a class one misdemeanor to practice law without a license, good for up to twelve months in jail and a twenty-five hundred dollar fine, either or both. "Helping" someone else, even a family member, with court proceedings is the practice of law. Moreover, you don't have to be licensed as an attorney to be sued for legal malpractice and found to be liable for damages. When you ask questions as you are, you're pretty much demonstrating that you don't know what you're doing. My strong suggestion, get your friend an attorney.
    Very sound advice as a Political Science professor once told me, "he who defends himself has a fool for a client". Not my words that was a quote from a college professor just so we are clear.

    To the OP the style and form of the order you seek are available in your area. Clerks will not give legal advice but they can be very helpful, at least in Bedford County.

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    Quote Originally Posted by dolswitz View Post
    I am helping someone with their restoration of gun rights. The hearing is this Friday, August 2nd.
    Just curious.... how did the hearing go?

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