sample letter for restoration of gun rights in virginia
Va. Const. If you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law, as follows: With more than a decade of criminal law experience, I have detailed insight into how to defend my clients' interests in both state and federal courts. Section C of Virginia Code §18.2-308.2sets forth the processes by which gun rights may be restored. Firearms rights may be restored by pardon or by gubernatorial restoration of rights, § 18.2-308.2(B), or by court order in the county of the applicant’s residence if other rights have been restored. . The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governor’s power. § 54.1-204(A). . . The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center at this link. Past case results do not guarantee or predict a similar result in any future case. This “fast track” pardon/restoration scheme purports to impose on the Governor’s office a 90-day time limit to decide court-approved applications. Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and “encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors.” See Executive Order No. I’m trying to get my firearm rights back. § 18.2-308.2(A). The preceding material is for information purposes only. Firearms rights may be restored by pardon or by gubernatorial restoration of rights, § 18.2-308.2(B), or by court order in the county of the applicant’s residence if other rights have been restored. Once your civil rights have been restored, you may then petition the Circuit Court in the city or county where you reside for a permit to possess a firearm. Bureau of Alcohol, Tobacco, Firearms and Explosives. Code of Virginia, as amended, every machine gun in the State shall be registered with the Department of State Police within 24 hours after its acquisition. Birthplace (City & State) 3. § 16.1-306(A). In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria: If an applicant is denied a registration, license or certificate because of the information appearing in his criminal history record, the regulatory board or department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. the successful restoration of rights under MCL 28.424 only permits the applicant to possess certain types of firearms that do not take a modern cartridge, i.e., a pellet rifle, muzzle-loader, or black powder gun. What this means is that the judge does not simply have to grant your petition because you filled out all the paperwork correctly. An “absolute” pardon is generally granted only for innocence. Someone convicted of a crime may seek a pardon to restore his or her legal rights, such as the right to vote or serve on a jury. Persons convicted of violent crimes must wait an additional three years. Section 12 also requires the governor to “communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.” The governor’s annual reports to the General Assembly (“List of Pardons, Commutations, Reprieves, and Other Forms of Executive Clemency”), including reasons for granting pardon in each case, are accessible dating back to 1974 at, The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governor’s power. Under this section, any individual who has been previously convicted of a felony and wishes to have his or her gun rights restored must first apply to the Governor of Virginia for the restoration of his or her civil rights. art. Governor McAuliffe granted 189 simple pardons over four years, a majority to individuals convicted of misdemeanors, most grants citing the recipient’s “commendable adjustment” since conviction and “upon the recommendation of the Parole Board.” McAuliffe also issued 10 “partial pardons” to reduce a non-citizen’s sentence to avoid immigration consequences, either deportability (less than 365 days) or inadmissibility. The governor may grant a full pardon or limited restoration of rights, “under such rules and regulations as may be prescribed by law.” Va. Const. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. See http://commonwealth.virginia.gov/judicial-system/restoration-of-rights. The process involves filing a petition in a circuit court and going before a judge for a hearing. These rights may only be restored by the governor, through his constitutional pardon power. Aliases 5. Interested persons are invited to contact the Secretary’s office by e-mail ([email protected]) or by phone (804-692-2542.) Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. Court may grant relief only if it finds “manifest injustice” to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Expungement, sealing & other record relief Restoration of Rights. For a resident of Virginia, the petition is filed in the circuit court for the city or county where the individual resides. Stricter eligibility standards apply to the statutory restoration procedure through the court. In addition to petitioning the state court, you must simultaneously petition the Bureau of Alcohol, Tobacco, and Firearms (ATF) for the removal of political disabilities at the federal level. 2. Non-conviction recordsC. In 2014 Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. ), Va. Code Ann. Possession of marijuanaC. No more than two members are full-time. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. Petition for Restoration of Firearm Rights Virginia. Stricter eligibility standards apply to the statutory restoration procedure through the court. In 2020, HB757 added §§ 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Between 2002 and 2010, Governors Tim Kaine and Mark Warner acted aggressively to restore rights to more than 8000 individuals, rejecting less than 1000, generally based on the seriousness of the offense or overall criminal record. There is no reliable method of predicting how long a pardon petition investigation will take to complete. § 19.2-392.2(I). . Please tell us who you are so we can better assist you. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or pardon. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. (A third type of pardon, a “conditional” pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 284 Va. at 451. v. Dotson, 661 S.E.2d 473 (Va. 2008) (because court required to find evidence of guilt, charges not “otherwise dismissed” within the meaning of expungement statute). No action is necessary on the part of a person seeking restoration, and previous procedures and standards have been removed from the website of the Secretary of the Commonwealth. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. The investigation process may take a year or longer. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Joshua Erlich is an attorney in Arlington, Virginia. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. (Analogous figures for Gilmore (238), Allen (480), Wilder (427), and Robb (1180).) Loss & restoration of civil/firearms rights, IV. Persons convicted of a felony lose the right to vote and serve on a jury. Applicants are not required to disclose expunged records in response to any employment-related inquiry. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. See Part II, infra. The information shall not be disseminated except as provided for in this section. 41 (McAuliffe). Virginia, for example, requires those who have had their civil rights restored to petition the circuit court in the city or county where they live to have their gun rights restored. You were convicted of a “serious offense” as defined under A.R.S. In any event, the Secretary of the Commonwealth’s office advises that as a matter of policy, firearms rights are restored in Virginia only by court order and not by the governor. 2. Juvenile recordsD. Post Office Box 2454 On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. If your civil rights have been restored and you are seeking to have your right to possess a firearm restored, I highly recommend hiring an experienced attorney to draft the petition and present evidence on your behalf in an effort to convince the Court to restore your right to possess a firearm. In his first year in office (2018-2019), Governor Ralph Northam issued 48 simple pardons. Virginia Code §18.2-308.2 sets forth the rules for gun ownership after a felony conviction and the steps necessary to regain those rights. Candice Reid, Restoration of Rights Director Applications are sent to the Office of the Secretary of the Commonwealth and forwarded to the Parole Board which makes a nonbinding recommendation to the governor following an investigation. A. § 53.1-231.2. Federal and out-of-state offenders are not eligible to apply for pardon. Virginia. firearm rights. See “Effect” section below. Effective July 1, 2019, an “absolute” pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Virginia law makes no provision for expunging adult conviction records, except those that have been vacated pursuant to a writ of actual innocence. Whenever a court places an individual on probation under this section, it is considered a conviction for purposes of school suspension under § 22.1-315. 4. Virginia Gun Rights Restoration. § 53.1-231.2. Section 12 also requires the governor to “communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.” The governor’s annual reports to the General Assembly (“List of Pardons, Commutations, Reprieves, and Other Forms of Executive Clemency”), including reasons for granting pardon in each case, are accessible dating back to 1974 at http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency. Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated “civil responsibility.” The court then makes a recommendation to the governor. On April 22, 2016, Governor Terry McAuliffe signed an order restori… On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. You may petition the Governor of the Commonwealth of Virginia to restore other civil rights, such as your right to vote, become a notary public, serve on a jury or hold public office. Copy of order of clemency/restoration of rights. . A felony conviction causes a person to lose other civil rights in addition to the right to vote. The website of the Office of the Secretary of the Commonwealth indicates that “If any felony was involved, you MUST have been granted your Restoration of Rights before appealing for the pardon.” There is a five-year eligibility waiting period, which runs from date sentence is completed (including any probation, suspended time, or good behavior time).5 If a pardon application is denied, applicant may reapply after two years. I am now eligible to petition to restore the right to purchase, possess or tra nsport a firearm having been discharged from the custody of the Commissioner; restored to competency or capacity; released from admission or treatment ; released from a training center; or otherwise released under Virginia Code § … Restoration of Firearm Rights (EFFECTIVE JULY 1, 2015) One who is convicted of a felony automatically loses his firearm rights under state and federal law. Restoration of Rights: When a person is convicted of a felony, they lose several civil rights in the Commonwealth of Virginia. Pardons for federal crimes are issued by the President of the United States, while pardons for state crimes are issued by the Governor of the state in which the crime was committed. See Va. Code Ann. No more than two members are full-time. One must be a representative of a victims group. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. § 19.2-392.2, in the case of acquittal or where charges were nol prossed or “otherwise dismissed,” but not where adjudication deferred. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. Once the conviction is entered, the individual loses their gun rights. Id. 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