Edmund R. Michie
​Attorney at law

Representing ​Virginia Clients
For Over 30 Years

Restoration of

​Gun / Firearm Rights 

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Gun / Firearm Rights Restoration

U.S. Constitution      
Article [II] (Amendment 2 - Bearing Arms)
"A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed."

     In District of Columbia v. Heller, 554 U.S. 570 (2008), the United States Supreme Court decided that the Second Amendment does in fact protect a private citizen's right to bear arms, despite the lead-in clause referencing militias.   

      The Court also, however, made it clear that "longstanding prohibitions on the possession of firearms by felons and the mentally ill" are not unconstitutional. Id. at 626​    

Convicted Felons In Virginia Cannot Possess or Transport​ Firearms,
Ammunition, or a Number of Other Weapons

     Indeed, Virginia has severe penalties for any felon convicted of transporting or possessing firearms, ammunition, or a number of other weapons. See Va. Code § 18.2-308.2. Such a conviction is itself a new felony and can carry years of mandatory prison time, depending on the facts.  Id.

Petitioning for a permit to possess firearms and weapons

      Individuals convicted of felonies as adults (and those whose right to bear arms was affected by adjudications of delinquency as a juvenile) can petition to get a "permit" from the Circuit Court to restore their 'right to bear arms.'  Those with a felony convictions must, however, have already gotten their other civil rights restored by the governor. Thereafter, to be successful at convincing the court to restore gun rights, the petitioner must establish  "good cause" in order for the judge to grant such a permit.

     Establishing "good cause" can be challenging. Each case is viewed on its own facts. Prosecutors consider everything on a person's criminal record, as well as general facts about the way the person has lived his or her life. The court also will want to understand why the individual even desires to possess firearms.  It can be  very difficult to convince some judges to grant such a permit.      

If your Felony Conviction(s) is/are outside of Virginia you are still prohibited under Virginia law from possessing firearms.  A petition in Virginia can address the Virginia law prohibition, but it will not address the Federal Law Prohibition that also is likely in place.  Consequently, you may need to address your restoration efforts to the state or state where you were convicted.  Feel free to contact me to discuss your individual situation.  

I have successfully helped many clients get their 'right to bear arms' restored.
These clients have been able to get back to hunting, target shooting, or just being in a position to better protect themselves or their families. Some of my clients don't even plan to possess firearms but just want to be citizens whose rights are fully restored.   Call me, and we can discuss your situation to see if I can help you.  (Note that I limit my practice in this regard, to clients who understand that possessing a firearm needs to be done in a safe manner, and also to those that do not have a significant or recent history of violence or volatile behavior or substance abuse.)

In Virginia, Mental Health Adjudications Can Also Result in the
​Loss of ​"the Right to Bear Arms."

     In Virginia, individuals who have had certain adjudications of mental health problems are no longer permitted "to purchase, possess, or transport a firearm." Violation of this prohibition is generally a misdemeanor. Some individuals I have represented were not aware that the treatment they were receiving was the result of an order, so they did not realize that they had lost their right to possess and transport firearms under state law.

Three key statutes are as follows:

 Va. Code § 18.2-308.1:1. Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty.

 ​Va. Code § 18.2-308.1:2. Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty. 

 Va. Code ​§ 18.2-308.1:3. Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty.

Petitioning for a permit to possess firearms and weapons

      Individuals who have lost their right to possess and transport firearms due to these mental health adjudications can petition for restoration of their rights.  Each of the above laws provides that:

"If the court determines, after receiving and considering evidence concerning the circumstances regarding the disability referred to in subsection A and the person's criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest, the court shall grant the petition. "

​     I have successfully helped individuals restore their "right to bear arms" when they are not/no longer considered (by their mental health care providers and people who know them) to present a danger to themselves or others. Call me, and we can discuss your situation to see if I can help you.

Other convictions can also affect a persons "right to bear arms."
For example:

​Va. Code § 18.2-308.1:4 - makes it illegal for individuals who are the subject any of a number of types of protective orders "to purchase or transport any firearm while the order is in effect."  The penalty for violation can be a misdemeanor or a felony, depending on the facts.

 Va. Code § 18.2-308.1:5 - prohibits the purchase or transportation of firearms by persons convicted of certain drug offenses:
    "Any person who, within a 36-consecutive-month period, has been convicted of two misdemeanor offenses under subsection B of former § 18.2-248.1:1, § 18.2-250 or 18.2-250.1 shall be ineligible to purchase or transport a handgun. However, upon expiration of a period of five years from the date of the second conviction and provided the person has not been convicted of any such offense within that period, the ineligibility shall be removed.
1995, c. 577; 2011, cc. 384, 410; 2014, cc. 674, 719."

Federal law also establishes a significant number of other categories of individuals who are deemed to no longer have "the right to bear arms."  See 18 U.S.C. § 922.  One example under that statute:  
"(g) It shall be unlawful for any person . . . (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."  Id. (Emphasis added);  See also the ATF web page on this topic