When Can You Lose Your Gun Rights in Virginia?
Under Virginia law, you can lose your gun rights as a result of any felony conviction or a misdemeanor conviction for assault and battery of a family or household member or intimate partner. Federal law also provides for the revocation of individuals’ gun rights for felonies and misdemeanor domestic violence convictions—and you can lose your gun rights under federal law in various other circumstances as well. If your gun rights are at risk, you need an experienced Woodbridge criminal defense attorney on your side.
Facing criminal charges can have several consequences. Along with fines, jail or prison time, and the consequences of having a criminal record, facing criminal charges can also result in the loss of your gun rights under state and federal law.
In Virginia, you can lose your gun rights in various circumstances. If you are caught illegally possessing a firearm, you can face steep penalties—including a mandatory prison sentence in some cases. With this in mind, if your gun rights are at risk, hire an experienced Woodbridge criminal defense attorney who can fight to protect your rights by all available means.
When Can You Lose Your Gun Rights Under Virginia Law?
Virginia law provides three primary ways you can lose your gun rights. Crucially, while the first two ways require a conviction in state court, the third does not:
1. Felony Convictions
Under Section 18.2-308.2 of the Code of Virginia, it is illegal for “any person who has been convicted of a felony . . . to knowingly and intentionally possess” a firearm. This blanket prohibition applies to all felony convictions under state law. It also applies to adjudications of delinquency for murder and certain other violent crimes.
2. Misdemeanor Convictions for Assault and Battery of a Family or Household Member or Intimate Partner
Under Section 18.2-308.1:8 of the Code of Virginia, it is illegal to “knowingly and intentionally purchase[], possess[] or transport[] any firearm,” following a misdemeanor conviction for either (i) assault and battery of a family or household member, or (ii) assault and battery against an intimate partner.
3. Domestic Violence Restraining Orders
If you get accused of any form of domestic violence in Virginia, your accuser can seek a restraining order in civil court before your criminal case goes to trial. Domestic violence restraining orders can include prohibitions against firearm possession; in this scenario, you must either surrender your firearms to the police, sell them to a licensed dealer, or transfer them to someone (other than a member of your household) who is legally permitted to possess them.
When Can You Lose Your Gun Rights Under Federal Law?
At the federal level, Section 922 of Title 18 of the U.S. Code addresses loss of gun rights. Specifically, Section 922(g) provides that it is illegal to possess a firearm under the following circumstances (among others):
- You have been convicted of a crime punishable by more than one year in prison
- You have been convicted of a misdemeanor crime of domestic violence
- You are subject to a domestic violence restraining order
- You are a fugitive from justice
With respect to both felonies and misdemeanor domestic violence convictions, the federal prohibition on gun possession applies to convictions “in any court.” Additionally, the federal definition of misdemeanor domestic violence crimes covers more offenses than just assault and battery of a family or household member or intimate partner. As a result, it is possible to lose your gun rights under federal law as the result of a conviction in state court—and this is potentially the case even if your conviction does not trigger Virginia’s prohibition on firearms possession.
FAQs: Losing (and Restoring) Your Gun Rights in Virginia
What are the penalties for illegally possessing a firearm after a misdemeanor or felony conviction in Virginia?
Penalties for illegally possessing a firearm after a misdemeanor or felony conviction in Virginia depend on the specific circumstances.
Under Virginia law, illegally possessing a firearm after a felony conviction is a Class 6 felony. However, depending on the original crime for which you were convicted, you could be facing a mandatory prison sentence of up to five years. Violating Virginia’s prohibition on firearm possession following a misdemeanor conviction for assault and battery of a family or household member or intimate partner is a Class 1 misdemeanor. At the federal level, illegally possessing a firearm as a convicted felony can carry up to a 10-year prison sentence and a $250,000 fine.
Is it possible to have my gun rights restored after a conviction in Virginia?
Yes, it is possible to have your gun rights restored after a conviction in Virginia. However, you may need to have your rights restored at both the state and federal levels. Eligibility criteria vary, and the steps you need to take to restore your gun rights will depend on the specific circumstances of your case.
How can I avoid losing my gun rights after an arrest in Virginia?
If you have been arrested in Virginia and your gun rights are at risk, protecting your gun rights—and protecting your rights in general—will involve hiring an experienced criminal defense attorney to represent you. This is not a situation you want to try to handle on your own. An experienced criminal defense attorney can help protect you by every means available while helping you make informed decisions throughout your case.
How Our Criminal Defense Attorneys Can Help
At Stevens Caruso, we have decades of experience protecting our clients’ rights. If you have been charged with any crime in Virginia—state or federal—we can use our experience to help you avoid unnecessary consequences. With that said, time is of the essence, so we strongly encourage you to get in touch right away.
Schedule a Free Consultation with a Woodbridge Criminal Defense Attorney
To schedule a free consultation at Stevens Caruso, contact us today. Call 703-897-1777 or contact us online to speak with an experienced Woodbridge criminal defense attorney as soon as possible.