Can you review a petition I wrote and give advice?

Asked over 5 years ago - Chesapeake, VA

A petition by convicted felon to posses and carry firearm. A BILL to amend and reenact § 18.2-308.2 of the Code of Virginia, relating to possession of firearms by certain convicted people; penalty. C. Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun weapon as long as his civil rights are restored by the Governor. The court may, in its discretion and for good cause shown, grant such petition and issue a permit.

Attorney answers (2)

  1. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes but federal law says a felon's gun rights are never restored. You could end up legal under VA law and still in violation of federal law.

  2. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, a convicted felon is not allowed to possess a gun.

    While some states can restore a felon's gun ownership rights the ATF process is non-existent in my understanding. As a matter of federal preemption, the justice department has and likely will continue to argue that federal law overrides ANY and ALL state laws in this arena because the justice department says the feds occupy the entire field of felony gun rights.

    And, do not try the second amendment argument either. The constitution does not override the government's legitimate interest in regulating gun possession of convicted felons. The argument has been made and lost a number of times.

    Good luck to you.

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