Inwood, WV asked in Civil Rights for Virginia

Q: i have a hearing for a restoration of firearm rights. Id like to know what i need to expect and how i sohuld prepare.

I had a felony drug charge in 2011. I have not had any charges since. I have no violent charges. I have been employed for the last 6 years and have been a part of a long term rehabilitation clinic since 2011. I have also passed urine tests every month for the past 9 years. I have a great family and support and had my civil rights restored in 2016. So i am just wondering what i need to know and what i should do to prepare for this hearing to get my firearm rights restored. Thank you

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1 Lawyer Answer
Brian S Szmak
Brian S Szmak
  • Criminal Law Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: A Virginia Court can restore your firearms rights for "good cause shown." You should be prepared to give them a reason to do so. Bring anything with you that may help make your case, and demonstrate the positive facts you mention above. For a petition like this, the opposing party is the Commonwealth of Virginia. The Commonwealth's Attorney's office should file an Answer in response to your petition. This should let you know if they either have no objection (great!), or if they do object, why. Be wary of any order/ruling that does anything than fully restore your firearms right (like, say, only long guns for the purpose of hunting), as technically the Court does not have authority to that- it can either grant or deny the petition, and can't get creative.

And, as always, if you're going to be in a Courtroom, its better to have an Attorney than not.

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