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Can a person convicted of federal crime own a gun in state of VA

Suffolk, VA |

I was convicted of a federal white colloar crime (counterfeiting) about 10 years ago. That has been the only thing I have ever been in trouble for and I have not been in trouble since. I have started my own construction company and there are people and areas I build in that I need protection. I live in Virginia. Can I own a gun and what do I need to do to get my rights restored?

Attorney Answers 5


  1. Assuming this conviction was for a felony, you will first need to file the paperwork (petition) with the Secretary of the Commonwealth to have your civil rights restored. (The forms with instructions can be downloaded from the SOC's website.)

    Once you've received a restoration of civil rights from the Secretary of the Commonwealth, you can then file a petition with your local circuit court to be granted the right to own and/or possess a firearm and ammunition within the Commonwealth of Virginia.

    M.E. Hendrickson, Esq.
    Alexandria, Virginia 22314


  2. Under federal law a felon may not possess a gun.

    Check about state laws but also make sure you have your attorney advise you about the federal ban on felons possessing a gun.

    Good luck to you.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  3. As a convicted felon, you are prohibited from owning or possessing a firearm.

    The mechanism to restore your right to possess a firearm has been "de-funded" by Congress for years.

    So, to get your right restored under federal law, you need a pardon from the President.


  4. As a convicted felon, you are prohibited from owning or possessing a firearm.

    The mechanism to restore your right to possess a firearm has been "de-funded" by Congress for years.

    So, to get your right restored under federal law, you need a pardon from the President.


  5. Mr. Davis is absolutely correct. The only mechanism by which you could have your right to possess a firearm restored continues NOT to be funded by Congress, and therefore, a Presidential pardon is your only option. Also, beware that just because the Commonwealth restores your right to possess a firearm (which it may), it remains a federal crime for you to do so without a Presidential pardon; the Commonwealth and the United States Government are two separate '"sovereigns" or entities.

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