Gun Rights Lawyers in Virginia Beach
An Experienced Attorney Committed to Protecting Your Rights
Every American citizen has the constitutional right to possess firearms. However, there are situations that could impact these rights, such as a felony conviction or having a protective order issued against you.
At Top Tier Law Group, our local gun rights lawyers in Virginia Beach can guide you through every legal concern you have about your gun rights, from answering any questions about permits to defending your right to possession and reinstatement.
You will have direct access to our lead attorney from the beginning of the case to the end. Our gun rights lawyers in Virginia Beach aim to foster a comfortable attorney-client relationship, so you can communicate casually and openly about any of your legal concerns.
The Basics: Firearms Rights in Virginia
In Virginia, a person must be at least 18 years old to purchase a rifle or shotgun from a licensed dealer. To purchase a handgun, you must be at least 21 years old (according to federal law).
The Virginia State Police offers a “Firearms Purchase Eligibility Test” that you can use to determine whether you may possess or purchase a gun. Note that all sales must go through a dealer who must submit a background check.
Our Gun Rights Lawyers in Virginia Can Explain Open & Concealed Carry Rules
Open carry without a permit is legal for anyone 18 years or older who can legally possess a gun. Certain places may ban open carry, however, such as parks or public buildings.
Concealed carry is legal for state residents 21 years or older with a Virginia Handgun Permit (HP) or for non-residents with a similar state permit. HP issuance requires a state-approved firearms training course and demonstrated competence with the gun. Keep in mind that some areas are off-limits for concealed carry, including airport terminals and places of worship.
Local Gun Laws
Certain municipalities have the right to ban guns in certain areas, including government buildings, public parks, recreation areas or even centers. If you have questions about your firearm rights in Virginia, please don’t hesitate to contact our gun rights lawyers of Virginia Beach for more information.
How Protective Orders Impact Gun Rights
Anyone convicted of a felony automatically loses their gun rights under both state and federal law. Virginia further enacted a law that prohibits those subject to protective orders from possessing firearms. More specifically, the law outlines that the defendant has 24 hours after being served with the protective order to transport their firearms to anyone who isn’t prohibited from possessing firearms.
A 2020 extension of this law also requires the court to order the defendant to surrender firearms within 24 hours to a law enforcement agency, a licensed gun dealer or a person who is not prohibited from possessing guns. They must certify with the court that they have done so within 48 hours after being served the order. Those with a concealed carry permit must also surrender the permit to the court for the duration of the order in the case of a domestic violence protective order.
Note that Virginia prohibits firearms possession if the defendant is subject to a protective order, but not necessarily if convicted of a domestic violence misdemeanor without subsequent issuance of a protective order.
As opposed to federal law, state law does not explicitly require the removal of firearms at the scene of a domestic violence incident. Nonetheless, if you end up having a protective order filed against you after the domestic violence incident, it will impact your gun rights.
Restoring Your Gun Rights
It is possible under certain circumstances for convicted felons to restore their gun rights. If you meet one of the following criteria, you may see your gun rights restored under both state and federal law.
- The court granted you a full pardon pursuant to Article V, Section 12 of the Constitution of Virginia, and the executive order does not place any conditions upon the reinstatement of your right to ship, transport, possess or receive firearms.
- After conviction, you had your civil rights restored (simple pardon) pursuant to Article V, Section 12 of the Constitution of Virginia and then received permission from the Circuit Court of the jurisdiction in which you reside.
- After conviction, you received no restrictions to possess or carry a firearm or on the type or use.
- If conviction on a felony in a state other than Virginia occured, you have had your political rights restored by that state’s governor or other legal authority, and you have had your firearms rights restored with no restrictions by a legal authority in that state.
- You were convicted of a felony by a federal court and have had your firearm disabilities removed by the Bureau of Alcohol, Tobacco and Firearms.
How to Work Through Complex Gun Laws
Gun laws can be confusing, especially when it comes to losing and reinstating your rights to firearms. While the Second Amendment guards your right to bear arms, certain circumstances that threaten the safety of the community may warrant a freeze on those rights.
At Top Tier Law Group, we firmly believe in your gun rights. We will do our best as your gun rights lawyers in Virginia to help you navigate your legal situation impacting your Second Amendment rights.
Schedule a Free Initial Consultation Today
Schedule a free consultation with Top Tier Law Group to learn more about how our local gun rights lawyers in Virginia Beach can help protect your gun rights. Call us today at (757) 945-0207 or fill out the online form. We promise a prompt response.