Owning a gun is one of your constitutional rights and whether you own one for self-defense or are a collector and enthusiast who owns more than a dozen, protecting that right is of the utmost priority. For most people, maintaining their right to bear arms is simple. You just need to be a law-abiding citizen and use your firearms safely and responsibly.
However, there are some instances where your right to gun ownership can be revoked. While a Virginia firearm rights lawyer may help you have your rights restored, you still need to understand how your rights can be revoked. These are a few situations where you may lose ownership rights.
Under Virginia law, convicted felons are not permitted to own or handle a firearm of any kind. This is true even if the felony didn’t involve guns and wasn’t violent. If you’re convicted and already own a firearm, those guns will be seized by the local police department. You may also lose your rights if you’re convicted of several drug-related misdemeanors within a three-year period.
Protective orders, otherwise known as restraining orders, are issued by the court to protect another individual in situations of alleged abuse, harassment, stalking, domestic violence, or different types of assault charges. These orders prevent you from going near the other person, but they also prevent you from owning, buying, or otherwise possessing a gun or firearm. You’ll lose your right to firearm ownership and possession as long as the order is active. However, once the order expires or you’re found not guilty of any alleged activity, your rights will be restored in full.
Mental Health Issues
If you’re experiencing a mental health emergency and are involuntarily committed to a mental health facility or you were acquitted of a criminal conviction for reasons of insanity, you forfeit your right to own a firearm. Your rights may be restored if you can prove that you are not a danger to the greater public. Keep in mind that you’ll need to work with a Virginia firearm rights lawyer to have your rights restored.
The right to own and possess a firearm is reserved for legal U.S. residents and citizens. If you immigrated to the U.S. illegally or are otherwise undocumented, you are not permitted to possess, own, or purchase a firearm. Possession of a gun can lead to a felony conviction if you’re caught.
If you’re interested in being able to pursue gun ownership legally, you may want to speak with an immigration attorney to help you gain legal resident status.
Your Gun Ownership Rights Can Be Restored
Just because you’ve had your gun ownership rights revoked under the law doesn’t mean you can’t have them restored. If you’re interested in becoming a legal gun owner again, AC Rieman Law is here to help. As an experienced Virginia firearm rights law firm, our legal team understands the challenges you may face when trying to get your rights restored. Contact us today to schedule a free consultation.