Virginia Firearm rights Restoration
In Virginia, anyone convicted of a felony automatically loses the right to possess firearms under Va. Code § 18.2-308.2. Restoration is possible, but it requires a two-step process involving both the Governor and the courts.
Pathways to Restoration
Restoration of Civil Rights (Governor’s Action)
Before applying for firearm rights, you must first have your civil rights restored by the Governor through the Secretary of the Commonwealth. Civil rights include voting, serving on a jury, and holding public office.
Court Petition (Firearm Rights Restoration)
Once civil rights are restored, you may file a petition with the circuit court in your county of residence (Va. Code § 18.2-308.2(C)). The court reviews the petition and may restore firearm rights if it determines you are suitable.
Other Legal Options
Expungement or Sealing of Records (Va. Code § 19.2-392.5)
Virginia’s new sealing law takes effect July 1, 2026, allowing for both automatic and petition-based record sealing. Sealed records may remove certain barriers, but expungement alone does not automatically restore firearm rights.
Pardon Application
A pardon, administered by the Secretary of the Commonwealth, may help individuals with certain disqualifying convictions.
Concealed Handgun Permit
After firearm rights are restored, individuals may apply for a concealed handgun permit under Va. Code § 18.2-308.04.
Key Takeaways
Step 1: Civil rights must be restored by the Governor.
Step 2: A petition must then be filed in the local circuit court for firearm rights restoration.
Expungement or sealing may help clear records, but they do not substitute for the restoration process.
A Governor’s pardon can also play a role in certain cases.
Check Your Eligibility
At Armed Again, powered by The Law Offices of Barton Morris, we assist Virginia residents in navigating this two-step process. From applying to the Governor for civil rights restoration to preparing and filing petitions in circuit court, our team ensures no step is overlooked.
Contact us today to learn how to restore your firearm rights in Virginia.