Tuesday, March 22, 2011

Restoration of Firearms Rights

Upon conviction of a felony, any felony, violent felony or not, you no longer have the right to possess a gun. You may be arrested if you attempt to purchase a gun after you have been convicted of a felony. If you are found in possession of a gun, you face an additional felony charge. This prohibition applies not only to guns, but to ammunition for any firearm.
This rule applies to any person who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61.
Any person under the age of 29, who was adjudicated delinquent as a juvenile 14 years of age or older, of a felony other than those specific felonies mentioned above, cannot possess or transport any firearm or ammunition for a firearm.
Any person who violates this section shall be guilty of a Class 6 felony, punishable by up to five years in prison.
Repeat offenders will face a harsher sentence with a mandatory minimum term of imprisonment.

Exceptions to this rule include possession of a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, any law-enforcement officer in the performance of his duties (a convicted felon as a law enforcement officer?), or any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms.

How do you get your right to possess, transport or carry a firearm back? A petition filed in the circuit court of the jurisdiction in which you reside. Before you petition the court of an order allowing possession of a gun, you must first have your civil rights restored by the Governor.

Information to have your civil rights restored can be found at the site maintained by the Secretary of the Commonwealth. http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm