Top Rated Virginia Restoration of Firearm Rights Lawyer • 1500+ Reviews
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 Virginia restoration of firearm rights attorneys regularly represent clients before the courts who wish to restore their gun 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 Firearm Rights Attorneys Successfully Petition Virginia Courts
Riley & Wells Attorneys-At-Law is an established Virginia law firm over 60 years of combined legal experience. We understand firearm law. We wrote the Virginia Gun Law book. Our Virginia firearm rights restoration lawyers will review your case and determine how you lost your gun rights and what can be done to successfully restore your firearm rights. We are recognized as a “Best Law Firm” by U.S. News & World Report. You can benefit from our experience. Let us review your case. Our firm has been positively reviewed more than any other law firm that represents clients with Virginia gun right restoration petitions. We can help!
Gun Rights Attorneys Fighting to Restore Your Firearm Rights
Petition the Court for Restoration of Firearm Rights
- Richmond
- Dinwiddie
- Chesterfield
- Sussex
- Goochland
- Fairfax
- Chesapeake
- Newport News
- Virginia Beach
- Williamsburg
- Fredericksburg
- Prince Edward
- Loudoun
- Norfolk
- Suffolk
- York
- Caroline
- Colonial Heights
- Prince George
- Lawrenceville/Brunswick
- Emporia/Greensville
- Botetourt
- Louisa
- Danville
- Lynchburg
- Harrisonburg
- Powhatan
- Farmville
- Gloucester
- Hampton
- Northampton
- Mecklenburg
Petition the Circuit Court for Gun Restoration due to Felony Convictions
A state felony conviction is a common type of event that triggers a loss of firearm rights. Our Virginia gun right restoration lawyers will review your case and petition the appropriate Virginia Circuit Court for firearm restoration if eligible. The proper court that has jurisdiction to restore firearm rights based on a felony conviction 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 state law require petitioning the General District Court. Firearm right restorations from other states are recognized as reciprocal.
General District Court Mental Health Restoration of Gun Rights Petition
It is illegal to knowingly and intentionally purchase, possession, or transport firearms by persons acquitted of a crime by reason of insanity, adjudicated legally incompetent or mentally incapacitated or involuntarily admitted or ordered to outpatient treatment. Such persons may petition the general district court in the city or county in which he resides or if the person is not a resident of the Commonwealth then the general district court of the city or county where the proceeding occurred. The general district court will consider evidence of the disability and the petitioner’s criminal history, treatment record along with character and reputation evidence to make a determination if the petitioner is a danger to public safety.
Free Consultation with Highest Rated VA Gun Right Lawyers
Some folks think they do not need help with their Virginia petition to restore gun rights. Be careful because there may be negative consequences. The biggest issues for most petitioners is the lack of experience and legal knowledge. The average person does not understand the best course of action. Our experienced firearm rights lawyers know the best tactics for obtaining the best results. We spend hours in the Courts every week and are familiar with the habits of the different judges who preside over firearm rights cases. This specialized knowledge is invaluable in order to best represent your case.
Firearm Rights Petitions are Argued Before Judge at Court
Firearm rights restoration cases require that a Judge enter an order restoring the individuals gun rights. These are often not easy cases. The petitioner will also have to deal with the Commonwealth Attorney’s Office who will likely object to the petition. There are several things that the petitioners attorney must do to be successful with a such petitions. Appearing in court to argue a case can be a stressful and frightening experience for the untrained individual. Are you prepared to properly introduce key pieces of evidence, argue your case in Court before the Judge and do battle with the Commonwealth Attorney? Our lawyers specialize in representing clients before the courts with these cases and can help.
Lost Firearm Rights Under Federal Law Requires a Pardon
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 Virginia firearm right attorneys can help you assess your case.
“AV Preeminent” Gun Rights Attorneys • Martindale-Hubbell Highest Rating
For over 135 years, Martindale-Hubbell has been the authority for evaluating lawyers for their legal ability and ethical standards through a Peer Review Rating system established by judges and attorneys. Riley & Wells Attorneys-A-Law is an AV Preeminent® rated gun rights law firm. The highest Martindale-Hubbell peer rating standard. This rating is given to those who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Retain a Martindale-Hubbell AV Preeminent rated VA firearm rights restoration law firm for your case. Review the law firm’s legal rating and exercise caution before you secure representation with a firm that maintains an inferior rating for legal ability and ethical standards.
Firearm Rights in Virginia GRANTED by Circuit Court
Our client lost his gun rights in 1995 when he was convicted of felony possession of drugs with intent to distribute. 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. Our Virginia gun rights restoration lawyers prepared our client’s petition and properly filed it in the Circuit Court. 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
Virginia Gun Rights Lawyer and Protective Orders
There are various types of protective orders. The Virginia Courts along with a magistrate can issue protective orders. It is unlawful to knowingly possess, purchase or transport a firearm in Virginia 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 law enforcement if you become subject to an active protective order. Our gun rights lawyers can help you with any issue you may be having with your gun rights and a protective order.
Red Flag Law Substantial Risk Order Attorney and Firearm Rights
A red flag law is a gun law that permits the temporary removal of firearms from a person who is believed to present a danger to themselves or others. In the Commonwealth, this is called a substantial risk order. A judge or magistrate can issue an emergency substantial risk order based on probable cause evidence. This order is valid for 14 days. The Circuit Court then holds a hearing to determine whether a substantial risk order should be entered. The Commonwealth Attorney has the burden of proving all material facts by clear and convincing evidence. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order.
Frequently Asked Questions
What is firearm rights restoration in Virginia?
Firearm rights restoration is the legal process of asking the court to restore the right to possess, transport, or purchase a firearm after that right was lost because of a disqualifying conviction or other legal bar. These cases often depend on the person’s criminal history, civil rights status, and whether Virginia law allows the request to move forward.
Does restoring civil rights automatically restore firearm rights in Virginia?
No. In many cases, restoration of civil rights and restoration of firearm rights are separate issues. A person may first need restoration of civil rights before seeking restoration of firearm rights, but one does not automatically accomplish the other.
Can a felony conviction affect whether firearm rights can be restored?
Yes. Prior felony convictions are often central to firearm rights restoration cases. The court may look closely at the conviction history, the time that has passed, the person’s conduct since conviction, and whether civil rights have already been restored before deciding whether restoration is available or appropriate.
What records matter in a firearm rights restoration case?
These cases often require review of conviction records, sentencing documents, restoration paperwork, and other court records. Accuracy matters because the outcome may depend on the exact nature of the conviction, whether rights were previously restored, and whether any other disqualifying issue still exists.
What should I do if I want to restore firearm rights in Virginia?
Start by reviewing your conviction history, your civil rights status, and any prior restoration orders or related court paperwork. It is important to understand whether you are legally eligible to seek restoration before taking further steps or attempting to possess a firearm.
Request a Confidential Case Review
If you are seeking restoration of firearm rights in Virginia, early review of your record and legal status can matter. These cases often turn on prior convictions, restoration of civil rights, court records, and whether Virginia law allows the request to move forward. Riley & Wells Attorneys-At-Law represent clients in Virginia firearm-related matters and can help you understand the issue, review the relevant records, and identify the practical next steps based on your specific facts and goals. To discuss your situation, request a confidential case review. Want a plain-English overview of eligibility and how the restoration process works? Read our Virginia firearm rights restoration guide.
5/23/2021 | Updated 3/30/2026