It is often a shock just to learn that your conviction will affect your right to own a firearm. To many in Virginia, that loss feels personal, sometimes even unfair.
"Whether it is a felony from years ago or a recent misdemeanor, the legal consequences often reach further than people expect. Gun rights are tightly regulated, and the rules can be hard to untangle on your own," says Karin Riley Porter, a certified lawyer from Karin Riley Porter Criminal Defense Attorney.
If you are trying to understand what a past conviction means for your rights today, here is what you need to know.
Federal Firearm Restrictions Triggered by Criminal Convictions
One federal law does most of the heavy lifting when it comes to gun bans: the Gun Control Act of 1968. Under that act, anyone convicted at either the state or federal level of a felony cannot legally possess or buy firearms.
But you need to know that a felony doesn’t always mean a violent crime. Even non-violent offenses, such as certain drug convictions or thefts, fall under the same restriction, and when the federal ban kicks in, it applies everywhere, not just in the state where the conviction occurred.
There's also a ban for people convicted of domestic violence misdemeanors, which can be a surprise to those who didn't realize the charge was that serious.
Virginia State Laws on Gun Possession After a Felony
Virginia state law also closely parallels the federal rule. If someone has a felony conviction in Virginia or elsewhere, they cannot own or transport firearms here, including rifles, shotguns, and black powder weapons.
It doesn't matter if the felony happened decades ago or whether the sentence involved prison: once the conviction is on record; the ban is automatic. The law doesn't draw many lines with respect to intent or character.
In Virginia, many people mistakenly believe their rights get restored after serving probation or parole. The ban remains in place unless the individual actively goes through the proper legal channels to have those rights restored.
Domestic Violence Misdemeanors and Firearm Bans
Here’s where things can catch people off guard. A conviction for a misdemeanor domestic violence offense, even if it doesn’t involve a weapon, can lead to serious firearm bans under federal law.
It can be something as seemingly minor as a heated argument that led to a push, a slap, or a damaged cell phone. If the charge involved physical force or a threatened use of force against someone in a domestic relationship, the gun ban applies.
Virginia gives these federal prohibitions full force and effect, and they do not expire on their own. Even if the fine is small or there is no jail time, the loss to gun rights can last indefinitely without official relief.
How Can You Restore Your Rights After a Conviction in Virginia
There is some hope for those ready to take the legal steps. In Virginia, a person with a felony conviction must first regain their civil rights before they apply to restore gun rights. These include the right to vote or even serve on a jury.
The governor reserves the restoration of civil rights, and people must prove their rehabilitation history when applying. After which, the person may petition a court for restoration of firearm rights.
They won't fix it overnight, and they don't guarantee approval. For those serious about going through the proper legal process and respecting the journey, it's a possible and lawful way forward.
Why Legal Guidance Is Important in Gun Rights Cases
Trying to navigate strict gun rules alone can be a perilous gamble. Someone may think they're legally allowed to possess a gun when they're not, and that misunderstanding can lead to serious charges.
A lawyer who understands both federal and Virginia law can sort out where someone stands and what steps might change that legal status. They can also review whether past convictions still qualify as barriers under today's developing laws.
Conclusion
When it comes to gun rights, one mistake-legal or technical-can create more trouble than most people can handle on their own. Understanding the law and all it entails ensures individuals do not lose their right to possess firearms or how they have the same restored if they were to lose said rights. Getting straightforward answers from a trusted legal source can make all the difference in this situation.
