Expert: Dean Speir - 2/1/2009

Question
Hello Dean, I live in Va. 25 yrs. ago I was convicted of a felony (controlled substance with intent to distribute) no violence a associated. Long since have paid my dept. I'm now 52 and last year was granted my civil liberties rights to be restored. It also stated ""except the right to ship, transport, posses or receive firearms" I now want to apply for my rights for gun ownership. Should I just apply for a gun permit and or a canceled weapons permit? do I petition my local county court? what process and forms should be best for me? Also would it help if I use a lawyer?

Thanks for your time..DWM

Answer
Hi, David…

Again, there is no actual Second Amendment question here, but since you asked nicely, I'll give it my best shot.

I think that at the time you obtained your (limited) Relief from Civil Disabilities, you should have requested the information as to why your Second Amendment rights were not being restored as well.

Whoever granted that relief needs to articulate why it was limited, and what steps you need to take for full relief.

No, I would NOT apply for any sort of firearms permit or license… the State of Virginia has already told you that you are excluded from "the right to ship, transport, posses or receive firearms," so that way lies folly.

Even if you slip through the cracks… highly unlikely… you would not go undiscovered for long, and you certainly don't want to awaken some dawn and find the Virginia State Police at your door with their SWAT team at the ready. You've been put on notice that in respect to firearms, you're still a Prohibited Person, #1, and, #2, you don't wish to jeopardize the Rights that have already been restored.

You bet it would help if you "use a lawyer!" But you need the right one… consult with an attorney familiar with this type of matter… start with the State Bar Association (http://www.vba.org/) for a referral.

G'luck to you.