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Restoration of Firearm Rights

C

ChristCrusader

Regular Member
Joined
Mar 8, 2014
Messages
199
Location
Virginia, US
outstanding, ptL! :banana:
congratulations :D
Someone I know had their rights restored in VA from a VA conviction. Recently he was in WV on a temporary job, came into some money, and went shopping for a shotgun while he was there for hunting back home. He got denied by the NICS. WV rules require additional steps if one was a felon but had their rights restored.
Just wanted you to be aware that your status here in VA might not be as thoroughly corrected elsewhere across the nation.
Since every infringement is unConstitutional, arbitrary, and unpredictable, and vary widely from state to state, just wanted to share that 2nd hand experience as a heads up.

It also was an example of a denial by the NICS, not because someone was deliberately trying to break a law or sneak past the system, but merely was disqualified in a different jurisdiction without completing unknown additional administrative processes. Same person fills out the same form and answers the same questions the same way in VA, he passes (which he did soon after), yet fails in WV a few weeks prior.

All affronts, violating our Constitutionally enumerated rights - basturds :banghead:

Thrilled again for you and your family.
 
Last edited:
K

kenny

Regular Member
Joined
Apr 11, 2007
Messages
635
Location
Richmond Lynchburg, Virginia, USA
ChristCrusader said:
outstanding, ptL! :banana:
congratulations :D
Someone I know had their rights restored in VA from a VA conviction. Recently he was in WV on a temporary job, came into some money, and went shopping for a shotgun while he was there for hunting back home. He got denied by the NICS. WV rules require additional steps if one was a felon but had their rights restored.
Just wanted you to be aware that your status here in VA might not be as thoroughly corrected elsewhere across the nation.
Since every infringement is unConstitutional, arbitrary, and unpredictable, and vary widely from state to state, just wanted to share that 2nd hand experience as a heads up.

It also was an example of a denial by the NICS, not because someone was deliberately trying to break a law or sneak past the system, but merely was disqualified in a different jurisdiction without completing unknown additional administrative processes. Same person fills out the same form and answers the same questions the same way in VA, he passes (which he did soon after), yet fails in WV a few weeks prior.

All affronts, violating our Constitutionally enumerated rights - basturds :banghead:

Thrilled again for you and your family.
Click to expand...

The restoration process done in Virginia is only good in Virginia. Don't count on being able to go to another state and purchase any firearm unless you plan on transferring it to a Virginia FFL dealer. You first few times make take a day of so to be processed. When a dealer runs you your record will come up as flagged for further research. A VSP clerk will have to go and hand pull your record. If they are busy such as on a weekend or holiday the wait may be longer. Be patient! I've seen at least a dozen people go through this process. You will be fine.
 
user

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
kenny said:
In my non legal opinion I believe your attorney made a mistake. The State Police can and will provide guidance. The court order (in your local circuit court) should read something to the effect of restoring your right to own and possess firearms. It is that simple. Anything more is worthless. Leave hunting, selling, collecting out of the petition. All that comes with the right to own and possess.
Click to expand...

Correct as to the first point, but big mistake to rely on police for legal advice they're not licensed to give. And getting rights restored doesn't mean you're not guilty of a felony;unless you got an absolute pardon, you're still guilty of the felony, and if that's happened you can get an expungement which means you no longer have an arrest record. But the fact that a circuit court has granted you the right to be in possession doesn't mean you're not a convicted felon. And making a false statement on either of the two background check forms means you're guilty of another felony, if they choose to prosecute.

I can't help wondering who the lawyer is and what court this is in.
 
user

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
rmitcheltree5001 said:
Just got back from court. My attorney who is also a friend of mine and who also worked for the hampton commonwealth office pulled me aside when I got there and said he talked with the commonwealth and they were good with it. Got called up, stood there while my Attorney made his speech, Judge asked if there was any objections and the answer was no,motion granted. Glad that part is over with. I guess I owe my friend a dinner or something seeing he only charged me 250.00 to do this for me..lol Now just waiting for my certified court order to submit to VSP and go from there.
Click to expand...

Wow! That guy IS a friend. You'd better treat that guy nicely, mow his lawn for him and stuff. You got a helluva good deal!
 
L

Lyndsy Simon

Regular Member
Joined
Jan 14, 2011
Messages
209
Location
Charlottesville, VA
TFred said:
Raises an interesting question. So maybe for convenience, he'll first choose the private sale route.

Here's the question:

What would it take for you, a gun seller, to be comfortable selling a firearm to a convicted felon who's had his rights restored? Would you take their word for it? Would you want to see the letter? Confirm its authenticity with the authorities?

Just an interesting thought, in no way do I mean to add any doubt to the OP here. Things he might face in the future though.

TFred
Click to expand...

I wouldn't let the above block me from selling.

The law says that I can't have reason to believe that the buyer is a prohibited person. If he's told me he's a felon who has had is rights restored, what evidence do I have that he's lying?
 
OC for ME

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Lyndsy Simon said:
I wouldn't let the above block me from selling.

The law says that I can't have reason to believe that the buyer is a prohibited person. If he's told me he's a felon who has had is rights restored, what evidence do I have that he's lying?
Click to expand...
...or not lying.

Choose, sell or do not sell...easy choice to make.
 
MAC702

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Lyndsy Simon said:
I wouldn't let the above block me from selling.

The law says that I can't have reason to believe that the buyer is a prohibited person. If he's told me he's a felon who has had is rights restored, what evidence do I have that he's lying?
Click to expand...

Exactly. The bad guy will lie, so there is no reason not to assume someone is not a good guy unless you have reason to think otherwise.
 
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