virginiatuck
Regular Member
imported post
Someone I know has a non-violent, felony conviction on his record from many years ago. I came across some sections of the law that seemingly could provide a path for him to follow in order to one day again enjoy the same rights I do; including, but not limited to the right to keep and bear arms; specifically firearms.
Do I have any facts wrong? Are there any attorneys watching this board who would be interested in such a task? How long would the process take?
Thanks.
Someone I know has a non-violent, felony conviction on his record from many years ago. I came across some sections of the law that seemingly could provide a path for him to follow in order to one day again enjoy the same rights I do; including, but not limited to the right to keep and bear arms; specifically firearms.
- Step one, obviously, would be to hire an attorney.
- Step two, I presume, would be to petition the Governor of Virginia for the restoration of his rights. As I have read, this alone would not restore his right to possess or transport firearms; it is merely a prerequisite. [VA § 18.2-308.2], [VA § 53.1-229], [VA § 53.1-230], [VA § 53.1-231]
- If successful in having his civil rights restored, would the next step be to petition his local Virginia Circuit Court for a permit to possess and carry a firearm; or petition the Attorney General of the United States "for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms?" I'm not sure which should come first because it seems like an easy reason for the denial of one would be that the other has not yet occurred. [VA § 18.2-308.2(C)], [18 U.S.C. § 925(c)]
- Then, if such permit is granted, he would be able to apply for and receive a permit to conceal a handgun. [VA § 18.2-308(E)(6)]
- Lastly, would such a permit to conceal a handgun be valid in reciprocal states that have similar laws allowing a felon to petition for a permit to possess firearms? For example, West Virginia has concealed handgun permit reciprocity with Virginia and also appears to provide a means by which a convicted felon may lawfully possess firearms. [WV §61-7-7(c)]
Do I have any facts wrong? Are there any attorneys watching this board who would be interested in such a task? How long would the process take?
Thanks.