A felony conviction can affect firearm possession under both Virginia and federal law. Restoring civil rights through the Governor of Virginia is not the same as restoring firearm rights. For a qualifying Virginia felony conviction, Virginia law provides a separate circuit-court petition process, but the result is discretionary and does not necessarily resolve every other firearm prohibition.
This page gives general information about the Virginia state-law process. It is not an eligibility determination and should not be used as permission to possess, transport, purchase, receive, or use a firearm or ammunition. Federal convictions, out-of-state convictions, protective orders, other disqualifying convictions, and federal law require separate analysis.
Virginia Code § 18.2-308.2 generally prohibits a person within its covered felony categories from knowingly and intentionally possessing or transporting a firearm, ammunition for a firearm, a stun weapon, or certain explosive material, or from carrying a concealed weapon. The section also contains separate rules, exceptions, and penalty provisions. Whether the statute applies depends on the person’s record and the facts.
A person should not assume that completing a sentence, finishing supervision, receiving a civil-rights order, filing a petition, or moving to another state ends every firearm restriction. The relevant orders and records should be reviewed before any conduct involving a firearm or ammunition.
The Virginia Secretary of the Commonwealth’s Restoration of Rights program addresses civil rights lost after a felony conviction. The official program explains that the Governor’s order restores specified civil rights but does not restore the right to possess or transport a firearm.
The Governor’s authority to remove political disabilities and grant other forms of clemency comes from Article V, § 12 of the Constitution of Virginia. The current restoration program is discretionary. Its requirements and processing practices can change, so applicants should rely on the current official program rather than an older policy date or an estimated timeline.
For a felony petitioner, § 18.2-308.2(C) requires civil rights to have been restored by the Governor or other appropriate authority before the person is qualified to petition. A civil-rights order is therefore a prerequisite in that route, not the final firearm-rights order.
Under § 18.2-308.2(C), a Virginia resident petitions the circuit court for the jurisdiction where the person resides. A nonresident petitions a Virginia circuit court in a county or city where the person was last convicted or adjudicated of an offense covered by the section. The Virginia Judicial System’s circuit-court directory can be used to locate official court contact information.
That statutory filing rule should not be expanded into a universal rule for federal or out-of-state convictions. The Virginia restoration program directs people with those convictions to seek guidance from the jurisdiction or court of conviction. The correct route can depend on the record and the source of each disability.
The statute requires notice to the Commonwealth’s Attorney for the jurisdiction where the petition is filed and gives that office the right to respond. A hearing is not automatic under the statute; the court holds one if either party requests it.
Section 18.2-308.2 does not create a statewide 21-day response period, a uniform filing fee, or a fixed hearing date. Current local administrative requirements and fees should be confirmed directly with the circuit-court clerk.
The circuit court may grant relief in its discretion and for good cause shown. The statute does not establish a universal eligibility checklist. The conviction record, civil-rights order, criminal history, other legal restrictions, and the evidence presented may all require case-specific review.
If relief is granted, the order must include identifying information specified by the statute. The clerk certifies and forwards the order to the Virginia State Police’s Central Criminal Records Exchange, accompanied by a complete set of fingerprints. That language should not be converted into an unsupported statement that every petitioner must file fingerprints with the initial petition on a single statewide form.
An order entered under § 18.2-308.2(C) makes the prohibition in that section inapplicable to the petitioner as provided by the statute and order. It should not be described as erasing a conviction, assuring a firearm purchase, or clearing every independent state or federal restriction.
Before relying on an order, a person should verify that the final signed order and identifying information are accurate and should obtain advice about any separate restriction that may apply. Possession while a petition is pending is not authorized merely because the petition was filed.
State and federal firearm law are separate. The U.S. Department of Justice’s Federal Firearm Rights Restoration FAQ explains that state relief may not remove a federal disability and that federal relief does not override an independent state restriction.
The federal landscape changed in August 2026, when the Department of Justice announced a final rule to establish a new process under 18 U.S.C. § 925(c). As of August 21, 2026, DOJ says implementation is staged and online applications are not yet generally available. Because availability and instructions can change, use the current official federal restoration portal rather than an older statement that federal relief is unavailable or a law-firm estimate of when relief will be granted.
A person whose relevant conviction arose in federal court or another state should not assume that a Virginia circuit-court order is the proper or complete remedy. The court of conviction, the law of that jurisdiction, Virginia law, and federal law may each matter.
A legal review may begin with complete records rather than a short description of the case. Useful materials can include:
This is an issue-spotting list, not a statewide filing checklist. The documents required for a particular petition and any local administrative steps should be confirmed for that court.
No. Virginia’s official restoration program expressly distinguishes civil-rights restoration from firearm-rights restoration. A separate circuit-court process applies to the state felony route described in § 18.2-308.2(C).
No. The statute provides for a hearing when either the petitioner or the Commonwealth’s Attorney requests one.
The statute does not set a single filing-fee amount or identify a universal petition-stage fingerprint form. It says the clerk forwards a granted order to the Central Criminal Records Exchange with fingerprints. Confirm current administrative requirements with the correct circuit court.
There is no reliable universal timeline. The executive and court stages are separate, and timing can depend on the record, current agency practices, local court administration, whether a response or hearing is requested, and whether additional information is needed.
No automatic federal result should be assumed. DOJ directs people to analyze state and federal restrictions separately and now maintains a distinct federal restoration program.
To ask whether The Phoenix Trial Firm handles a criminal charge or a restoration-related matter, contact the firm or call 757-777-9285. You can also review the firm’s current practice areas and team. Representation begins only after the engagement process is completed.
Legal information changes. This page should be reviewed by a Virginia attorney before publication and on a scheduled basis thereafter. See the website’s disclaimer.
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