In Virginia, a person can no longer lawfully possess a firearm (with limited exceptions) if the person has been:
- Convicted of a felony;
- Adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery by presentation of firearms, or rape; or
- If a person is under the age of 29 and has been adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult.
Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon due to falling into one of the above categories may petition the circuit court of the jurisdiction in which the person resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense, for a permit to possess or carry a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless the person’s civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. Virginia Code §18.2-308.2.
Attorney Swinton is experienced in guiding clients through this process and arguing for the restoration of one’s gun rights in court. For many persons, the process can appear daunting, but having counsel along the way can make the process smooth and lead to the restoration of one’s ability to do things such as protect one’s home or teach one’s child how to hunt.