Top Rated Henrico County VA Restoration of Firearm Rights Lawyer
Many Americans cherish their constitutional right to bear arms. Gun rights are not absolute and can be lost. Firearm rights can be lost as the result of a felony conviction, a misdemeanor conviction of domestic violence, a mental health commitment or adjudication and an active protective order are some of the leading causes. However, the loss of the right to possess, purchase, and transport a firearm does not necessarily have to be permanent. Our Henrico County VA firearm rights attorneys regularly represent clients before the Henrico Courts who wish to restore their firearm rights. The legal process to restore gun rights can sometimes be confusing and intimidating. Let us review your case. We can help!
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Experienced Gun Restoration Attorneys in Henrico County VA
Riley & Wells Attorneys-At-Law is an established local Henrico County VA law firm that specializes in restoration of firearm rights cases. Our lawyers possess over 60 years of combined legal experience. We are recognized as a “Best Law Firm” by U.S. News & World Report. We understand firearm law. We wrote the Virginia Gun Law book. Our lawyers will review your case and determine how you lost your gun rights and what can be done to successfully restore your firearm rights. Unfortunately, there are circumstances where there realistically may be no remedy. We are located a few miles from the Courthouse. Our firm has been positively reviewed more than any other law firm that represents clients with Henrico firearm rights restoration cases.
Henrico County Law Firm to Restore Gun Rights
Henrico Circuit Court Felony Conviction Gun Restoration
A Virginia state felony conviction is a common type of event that triggers a loss of firearm rights. Our Henrico County gun rights lawyer will review your case and petition the Henrico Circuit Court for firearm rights restoration if that is the appropriate Circuit Court. The proper court for is determined based on residency or place of last conviction for non-residents. Clients must first restore their civil rights before a firearm rights petition can be filed. Cases involving a prior mental incapacity as defined by Virginia law require petitioning the General District Court. The Commonwealth Attorney is the respondent and may object to the Petition. Firearm right restorations from other states are recognized as reciprocal.
Lost Firearm Rights Under Federal Law Essentially Have No Remedy
The federal agency tasked with processing federal firearm restorations for federal felony convictions has not been funded to perform this function since 1992. Individuals convicted of a misdemeanor crime of domestic violence are barred from possessing a firearm according to federal law 18 USC(g)(9). This is the rare case where a state conviction triggers a loss of rights under federal law. In either case, the only remedy is a full and absolute pardon from the respective chief executive. Va. Code 18.2-308.1:8 pertains to assault & battery of a family or household member convictions that occurred on or after July 1, 2021. This law has its own restoration provision. Our Henrico County VA firearm right attorneys can help you assess your case.
Henrico Virginia Gun Rights Restoration GRANTED by Circuit Court
Our client lost his firearm rights in Virginia in 1995 when he was convicted of state felony drug offense. Our client rebuilt his life and eventually restored his civil rights. NOTE: The law requires that a gun rights petitioner first have his civil rights restored by the governor’s office. The lawful reason that our client wanted to restore his firearm rights was for self-defense. We prepared our client’s restoration of rights petition and properly filed it in the Henrico County Circuit Court because of the residency requirement. We convinced the Commonwealth’s Attorney to not object to our Petition. The Judge GRANTED the petition and restored our client’s firearm rights. Click on ‘Case Result’ image for actual court record.
Henrico VA Firearm Rights Attorney and Protective Orders
There are various types of protective orders. The Henrico Courts along with the Magistrate’s Office can issue protective orders. It is unlawful to knowingly possess, purchase or transport a firearm in Henrico County while a protective order is in effect. This includes protective orders from other states with substantially similar laws. A concealed handgun permit becomes invalid during an active protective order. The law allows for a 24 hour period to lawfully sell or transfer your firearms to an eligible recipient or to surrender to Henrico Police if you become subject to an active protective order. Our Henrico VA firearm rights attorney can help you with any issue you may be having with your gun rights and a protective order.
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12/18/2023