Nccco restoration of firearms with sample petition

Norfolk Circuit Court SERVING THE RESIDENTS OF THE CITY OF NORFOLK, VIRGINIA

Restoration Of Firearm Rights 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. 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: You have been pardoned or have had your political disabilities removed pursuant to Article V, Section 12 of the Constitution of Virginia, and the executive order does not place any conditions upon the reinstatement of your right to ship, transport, possess or receive firearms.

-ORYou were convicted of a felony offense in a Virginia Circuit Court, you have been granted permission by the Circuit Court of the jurisdiction in which you reside or the court in which you were convicted to possess or carry a firearm (with no restrictions on the type or use of firearms) and one of the following:  

you have had all other political rights restored by the Governor, or, you have had your federal disabilities removed by the Bureau of Alcohol, Tobacco and Firearms.

-ORYou were convicted of a felony offense in a state other than Virginia, you have had your political rights restored by the Governor of the State in which you were convicted, or other legal authority of that state, and you have had your firearms rights restored (with no restrictions on the type or use of firearms) by a court or other legal authority in the State in which you were convicted.

-ORYou were convicted of a felony offense by a federal court and have had your firearm disabilities removed by the Bureau of Alcohol, Tobacco and Firearms.

State restoration of all civil rights does not remove the disabilities imposed as a result of a federal conviction. The Supreme Court has held that persons convicted of federal felonies remain subject to the federal firearms disability until their rights are restored through a federal, not state, procedure. For more information concerning this process please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives. The removal of federal firearms disabilities imposed by a state felony conviction will automatically result where there has been a restoration of all civil rights; i.e., the right to vote, hold public office, be a

juror, and an unrestricted restoration of a person’s rights under state law to receive and possess firearms. An example of a restricted permit is one that limits the purchase, possession or transportation of a firearm to rifles or shotguns, only, for the purpose of hunting. If you have been granted restoration of your political rights from the Governor of Virginia, you may petition circuit court of the county or city in which you reside or of the county or city in which you were convicted, for a hearing to request restoration of your firearm rights. See Section 18.2-308.2 of the Code of Virginia. Please contact a court representative or visit the court’s website for further guidance in this matter.

It is your responsibility to furnish evidence of eligibility to the Department of State Police Firearms Transaction Center at Post Office Box 85608, Richmond, Virginia 23285-5608, fax (804) 674-2791, or email firearms@vsp.virginia.gov.

References:     

Virginia Code Section 18.2-308.2 18 United States Code Section 921(a)(20) 18 United States Code Section 922 (g) Beecham V. United States No. 93–445. Argued March 21, 1994—Decided May 16, 1994 Caron V. United States No. 97–6270. Argued April 21, 1998—Decided June 22, 1998

For more information concerning the restoration of civil rights, please contact the Office of the Secretary of the Commonwealth.

For more information concerning the Federal Gun Control Act, please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives. ****************************************************************************************************************

A fee of $103.00 is due at the time of filing. We accept cash, checks, money orders or VISA/MasterCard with a 4% surcharge.

You will need two (2) copies of the petition.

The Commonwealth has 21 days to respond to your petition. You should receive an answer in the mail from them within that period. Once you receive the Commonwealth’s answer, you will need to come back in to set your court date.

Office hours are 8:45 am to 4:45 pm, Monday thru Friday, excluding holidays.

Court personnel are prohibited by law from giving legal advice, restating the law, or recommending legal action. Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.

VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF NORFOLK YOUR FULL NAME V. COMMONWEALTH OF VIRGINIA

Case No:___________________

PETITION FOR RESTORATION OF FIREARM RIGHTS COMES NOW your Petitioner, YOUR FULL NAME, and seeks relief pursuant to Virginia Code §18.2-308.2 (C) and states unto the Court as follows: 

Petitioner is a resident of the City of Norfolk and resides at: Street Address: YOUR STREET ADDRESS YOUR CITY, STATE ZIP CODE

Mailing Address, if different: YOUR MAILING ADDRESS YOUR CITY, STATE ZIP CODE



The Petitioner’s date of birth is __________________________.



Petitioner was convicted of the following charge(s): Charge(s)

Date(s) of Sentencing

Firearm involved (Yes/No)

(List any additional charges on a separate page)



On (Enter date rights restored), Governor (Enter the name of the Governor that restored your rights) restored the Petitioner’s civil rights. A true and correct copy of the restoration of rights is attached as Exhibit A.



Petitioner requests restoration for the following reason(s): - ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Your petitioner respectfully requests that (his/her) firearm rights be restored and that such other and further relief as this court deems appropriate be granted.



_________________________________________, Pro Se Typed Name

______________________________________ Signature Contact Phone Number: _____________________________________