Experiencing a mental health crisis can be stressful, but did you know that being involuntarily committed to a psychiatric facility can end up costing you certain rights? Virginia law allows the state to revoke firearm possession and ownership rights from those who received treatment in a mental health facility involuntarily. But once you recover from the incident, you may be able to have your rights restored with the help of an experienced Virginia firearm rights lawyer. Here’s what you need to understand about the process and what you can expect as you petition the court.
Understand Why Your Rights Were Revoked
Virginia Code § 18.2-308.1:1 through 1:3 all governs firearm rights for individuals who experience mental health crises. The statutes allow the state to revoke the rights of ownership as individuals receiving treatment may be deemed incapable of safely owning and operating a firearm. The reasoning behind this statute is that individuals who suffer from certain mental health conditions may not be able to make informed decisions or control their actions in a way that guarantees the safety of themselves and those around them.
Gun ownership rights are revoked to protect both the individual and those around them. It’s not necessarily a reflection of who you are as a person, especially after receiving treatment and being in control of your mental health.
You’ll Need to Consult With a Virginia Firearm Rights Lawyer
To restore your gun ownership rights, you’ll need to petition the court and prove that you’re capable of using a firearm safely and without endangering yourself and others. The best way to do that is to work with an experienced Virginia firearm rights lawyer. They’ll be able to review your case and help you show the court that you’re deserving of having your rights restored.
Be Ready to Present Evidence
As part of the court hearing, you’ll have to present evidence proving that you’re no longer a danger to yourself or others. Before your consultation, take the time to compile as much information as you can about your treatment, your condition, your doctor’s recommendations, and any other information you believe may be relevant. The more information you can provide, the better your attorney will be able to represent your case and show the court that you’re no longer a risk.
Know That the Process Can Take Time
As with any legal process, having your firearm rights restored can take time. Try to be patient and stay in close communication with your attorney throughout your case. They’ll give you updates as soon as they can, so you’ll always know where you stand and what to expect.
Schedule a Consultation Today
If you experienced a mental health crisis and had your firearm ownership rights revoked by the state, you can pursue the restoration of your rights. But before you can petition the court, you’ll want to find an experienced Virginia firearm rights restoration lawyer to help you with your case. AC Rieman understands that owning a gun is both a right and a privilege. We’ll work with you to get your rights restored. Contact us today to schedule a consultation.