Can a felon own a gun in Virginia?

Virginia permanently prohibits firearm possession for all felony convictions. Virginia has a dedicated judicial firearm restoration process: a person convicted in Virginia circuit court may petition that court for restoration. Federal or out-of-state convictions require petitioning the court of conviction. Virginia's process is considered one of the most accessible in the nation.

How can a felon restore gun rights in Virginia?

Petition the circuit court where the conviction occurred, or apply to the Governor for restoration. Virginia State Police handles applications.

What is the waiting period for gun rights restoration in Virginia?

No statutory minimum waiting period after sentence completion. However, the court considers the time elapsed and rehabilitation.

Are there exceptions to gun rights restoration in Virginia?

Persons convicted of violent felonies face additional scrutiny. The Virginia State Police maintain a process for firearm rights restoration petitions. Governor may also restore rights.

Can a felon get their gun rights back in Virginia?

Yes, through a two-step process. First, the Governor must restore your general civil rights (voting, jury service, holding office). Second, you must petition the circuit court in your jurisdiction for a separate order restoring your firearm rights under Virginia Code § 18.2-308.2(C). The Governor cannot restore firearm rights — only the court can. There is no statutory minimum waiting period, but the court considers rehabilitation and time elapsed.

How do I apply for restoration of civil rights from the Virginia Governor?

Apply online at restore.virginia.gov through the Secretary of the Commonwealth's office. You must have completed your entire sentence, including incarceration, probation, and parole. Provide your personal information, conviction details, and evidence of rehabilitation. The application is free. Processing times vary, but non-violent felony cases are generally faster.

Is there a waiting period to restore gun rights in Virginia?

There is no statutory minimum waiting period. Once your sentence is complete and your civil rights are restored by the Governor, you can immediately petition the circuit court. However, the court considers the time elapsed since your conviction and release as part of its 'good cause' analysis, so a longer period of demonstrated rehabilitation generally strengthens your petition.

Does Virginia's firearm restoration lift the federal firearms ban?

It can. When Virginia fully restores civil rights (through the Governor) and firearm rights (through the circuit court unconditional order), this generally satisfies the federal standard for lifting the 18 USC 922(g)(1) disability. The key is that the restoration must be unconditional. If you have concerns about whether your specific restoration lifts the federal ban, consult a federal firearms attorney before attempting to purchase or possess a firearm.

What is Virginia's Clean Slate Law and does it affect gun rights?

Virginia's Clean Slate Law, taking full effect on July 1, 2026, provides for automatic sealing of certain criminal records after specified waiting periods. While record sealing does not directly restore firearm rights, a sealed record may support a stronger circuit court petition and may affect federal background check results. The standard two-step restoration process is still required.

Can I restore gun rights for a violent felony in Virginia?

Yes, Virginia allows circuit court petitions for both violent and non-violent felonies. However, violent felony convictions face significantly greater scrutiny from both the Governor's office (for civil rights restoration) and the circuit court (for firearm rights). The Commonwealth's Attorney is more likely to object, and the court may require a hearing and substantial evidence of rehabilitation.

What happens if I possess a gun before my rights are restored in Virginia?

Possession of a firearm by a convicted felon in Virginia is a Class 6 felony under Virginia Code § 18.2-308.2, punishable by 1-5 years in prison. Under federal law (18 USC 922(g)(1)), it is punishable by up to 15 years. Do not possess, transport, or carry any firearm until you have received both the Governor's civil rights restoration order and the circuit court's firearm rights restoration order.

Felon Gun Rights in Virginia

Must petition for restoration

It depends. If you were convicted of a felony in Virginia, you have permanently lost your firearm rights and must go through a two-step restoration process: (1) have your civil rights restored by the Governor, and (2) petition the circuit court for a separate firearms rights restoration order. There is no statutory minimum waiting period, but the court considers time elapsed and rehabilitation. The Governor cannot restore firearm rights directly — only the circuit court has that authority. Federal law under 18 USC 922(g)(1) also applies independently.

Last updated: 2026-03-21

Overview

Virginia uses a mandatory two-step process for restoring firearm rights after a felony conviction. First, the person must have their civil rights (voting, jury service, holding office) restored by the Governor through the Secretary of the Commonwealth. Second, the person must petition the circuit court in the jurisdiction where they reside (or where they were last convicted, if not a Virginia resident) for a separate order restoring firearm rights under Virginia Code § 18.2-308.2(C). The Governor does not have the authority to restore firearm rights — only the circuit court can do so. Virginia's process is considered one of the more accessible in the nation, but involves two distinct stages with possible rejection at each. Virginia's Clean Slate Law, effective July 1, 2026, may provide additional pathways for record sealing.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing firearms or ammunition. In Virginia, the two-step restoration process — Governor restoring civil rights followed by a circuit court order restoring firearm rights — can potentially lift the federal ban because it represents a full restoration of civil rights including firearms. However, this depends on whether the restoration is unconditional. If the court grants an unconditional restoration order under § 18.2-308.2(C), this generally satisfies the federal standard for lifting the 922(g) disability. A partial or conditional restoration may not. The revived 18 USC 925(c) federal petition process provides an alternative federal pathway.

Can restore gun rights

✓Persons convicted of a non-violent felony whose civil rights have been restored by the Governor — may petition the circuit court for firearm rights restoration
✓Persons convicted of a violent felony whose civil rights have been restored by the Governor — may petition the circuit court, though courts apply greater scrutiny
✓Persons convicted in Virginia circuit court — petition the circuit court in the jurisdiction of residence
✓Persons convicted in another state or federal court whose civil rights have been restored — may petition the Virginia circuit court in their jurisdiction of residence
✓Persons who have received a gubernatorial pardon that expressly restores firearm rights

Cannot restore gun rights

✗Persons whose civil rights have not yet been restored by the Governor — this is a prerequisite to the circuit court petition
✗Persons currently serving a sentence of incarceration, probation, or parole — must complete the sentence first
✗Persons subject to an active protective order — prohibited regardless of restoration status
✗Persons convicted of a felony who have not demonstrated rehabilitation to the satisfaction of the court
✗Persons prohibited under federal law (18 USC 922(g)) whose federal disability has not been independently addressed
✗Persons adjudicated legally incompetent or involuntarily committed — separate prohibition

Step-by-Step Process

Complete your entire sentence

You must complete all terms of your sentence, including incarceration, probation, parole, and any post-release supervision. There is no statutory minimum waiting period after sentence completion, but the Governor's office and circuit court will consider the time that has elapsed since your release as a factor in demonstrating rehabilitation.

Apply for restoration of civil rights from the Governor

Submit an application to the Secretary of the Commonwealth for restoration of civil rights (voting, jury service, holding office, and notary public). The application is available at restore.virginia.gov. The Governor reviews applications and, if approved, issues a Restoration of Rights Order. This does NOT include firearm rights — it is only the first step. Non-violent felony cases are generally processed more quickly than violent felony cases.

Receive the Governor's Restoration of Rights Order

Once the Governor approves your application, you will receive a Restoration of Rights Order restoring your general civil rights. Keep this document — you will need it for the circuit court petition. Note that some Governors have used executive orders to restore rights more broadly, but firearm rights must always go through the court.

Petition the circuit court for firearm rights restoration

File a petition under Virginia Code § 18.2-308.2(C) in the circuit court of the city or county where you reside. If you are not a Virginia resident, file in the jurisdiction where you were last convicted. The petition must include your Restoration of Rights Order from the Governor, your criminal history, evidence of rehabilitation, and a statement of the reasons you are seeking restoration. A copy of the petition must be served on the Commonwealth's Attorney, who has 21 days to respond.

Attend a court hearing (if requested)

The court may conduct a hearing if requested by either party (you or the Commonwealth's Attorney). If the Commonwealth's Attorney does not object, the court may grant the petition without a hearing. At the hearing, you may present evidence of rehabilitation, character witnesses, and any other relevant information. The court has discretion to grant or deny the petition 'for good cause shown.'

Receive the court's restoration order

If the court grants your petition, it will issue an order unconditionally authorizing you to possess, transport, and carry a firearm. The Virginia State Police will be notified and update their records. You should obtain certified copies of the order and keep them with you. This order, combined with the Governor's civil rights restoration, should also address the federal disability under 18 USC 922(g)(1).

Waiting Period

There is no statutory minimum waiting period after sentence completion before applying for civil rights restoration from the Governor or petitioning the circuit court for firearm rights. However, both the Governor's office and the circuit court consider the time elapsed since release, the nature of the offense, and evidence of rehabilitation. In practice, applicants who have been out of the criminal justice system for several years and can demonstrate rehabilitation have the best chances of success.

Key Laws

Law	Year	Description
Virginia Code § 18.2-308.2 — Possession of Firearm by Convicted Felon	Codified in Title 18.2; amended periodically	Prohibits any person convicted of a felony from possessing, transporting, or carrying a firearm. Subsection (C) provides the mechanism for petitioning the circuit court for restoration: any prohibited person may petition the court in their jurisdiction of residence for an order unconditionally authorizing firearm possession, provided their civil rights have been restored by the Governor. The court may grant the petition 'for good cause shown' in its discretion.
Virginia Constitution, Article V, Section 12 — Governor's Clemency Power	1971 Constitution	Grants the Governor power to restore civil rights to persons convicted of felonies. This power has been used both on a case-by-case basis and, under some governors, through broader executive orders restoring rights to categories of individuals. However, the Governor's clemency power explicitly does NOT extend to firearm rights — that authority rests solely with the circuit courts.
Virginia Clean Slate Law (2021, amended 2025, effective July 1, 2026)	2021 (amended 2025, effective July 2026)	Provides for automatic sealing of certain criminal records after specified waiting periods. While the Clean Slate Law primarily addresses record access and does not directly restore firearm rights, sealed records may support a stronger petition to the circuit court and may affect federal background checks. The law takes full effect on July 1, 2026.
18 USC 922(g)(1) — Federal Felon-in-Possession Prohibition	1968 (Gun Control Act)	Federal law prohibiting any person convicted of a crime punishable by imprisonment for more than one year from possessing firearms or ammunition. Virginia's two-step restoration process (Governor + circuit court) can potentially lift this federal prohibition if it constitutes a full, unconditional restoration of civil rights including firearms.

Edge Cases

Can the Governor restore my firearm rights directly?

No. The Governor of Virginia does not have the authority to restore firearm rights. The Governor can only restore general civil rights (voting, jury service, holding office). Firearm rights must be restored separately by the circuit court under Virginia Code § 18.2-308.2(C). This two-step process is mandatory — there is no shortcut.

What if I was convicted of a felony in another state or federal court?

If you were convicted outside Virginia but now reside in Virginia, you may still petition a Virginia circuit court for firearm rights restoration. You must first have your civil rights restored — either by the Governor of Virginia or by the appropriate authority in the state where you were convicted. The Virginia circuit court in your jurisdiction of residence can then consider your petition under § 18.2-308.2(C).

Does the Commonwealth's Attorney always object to firearm restoration petitions?

No. The Commonwealth's Attorney is served with a copy of your petition and has 21 days to respond, but they do not always object. For non-violent felonies with substantial rehabilitation demonstrated, many Commonwealth's Attorneys do not file objections. If there is no objection, the circuit court may grant the petition without a hearing. For violent felonies, objections are more common.

Will the Virginia Clean Slate Law (effective July 2026) restore gun rights?

The Clean Slate Law primarily addresses record sealing (restricting access to criminal records) rather than directly restoring firearm rights. However, a sealed record may support a stronger case when petitioning the circuit court, and it may affect how your criminal history appears in federal background checks. You should still follow the two-step restoration process even after a record is sealed.

Can I possess a firearm at home while waiting for my rights to be restored?

No. Under Virginia Code § 18.2-308.2, the prohibition applies to possession, transportation, and carrying of firearms in any location, including your home. There is no 'home possession' exception in Virginia. Violating this law is a Class 6 felony punishable by 1-5 years in prison. Do not possess any firearm until you have received both the Governor's civil rights restoration and the circuit court's firearm restoration order.

What if the circuit court denies my petition?

If the circuit court denies your petition for firearm rights restoration, you may reapply. There is no statutory limit on the number of times you can petition, and no mandatory waiting period between petitions (though filing too frequently without changed circumstances is unlikely to succeed). You may also consider addressing the reasons for denial — such as obtaining additional rehabilitation evidence or more time since the offense — before refiling.

Frequently Asked Questions

Can a felon get their gun rights back in Virginia?: Yes, through a two-step process. First, the Governor must restore your general civil rights (voting, jury service, holding office). Second, you must petition the circuit court in your jurisdiction for a separate order restoring your firearm rights under Virginia Code § 18.2-308.2(C). The Governor cannot restore firearm rights — only the court can. There is no statutory minimum waiting period, but the court considers rehabilitation and time elapsed.
How do I apply for restoration of civil rights from the Virginia Governor?: Apply online at restore.virginia.gov through the Secretary of the Commonwealth's office. You must have completed your entire sentence, including incarceration, probation, and parole. Provide your personal information, conviction details, and evidence of rehabilitation. The application is free. Processing times vary, but non-violent felony cases are generally faster.
How do I petition the Virginia circuit court for firearm rights?: After receiving the Governor's Restoration of Rights Order, file a petition under Virginia Code § 18.2-308.2(C) in the circuit court of the city or county where you reside. Include the Governor's order, your criminal history, evidence of rehabilitation, and your reasons for seeking restoration. Serve a copy on the Commonwealth's Attorney. The court may hold a hearing and will decide at its discretion whether to grant restoration for good cause shown.
Is there a waiting period to restore gun rights in Virginia?: There is no statutory minimum waiting period. Once your sentence is complete and your civil rights are restored by the Governor, you can immediately petition the circuit court. However, the court considers the time elapsed since your conviction and release as part of its 'good cause' analysis, so a longer period of demonstrated rehabilitation generally strengthens your petition.
Does Virginia's firearm restoration lift the federal firearms ban?: It can. When Virginia fully restores civil rights (through the Governor) and firearm rights (through the circuit court unconditional order), this generally satisfies the federal standard for lifting the 18 USC 922(g)(1) disability. The key is that the restoration must be unconditional. If you have concerns about whether your specific restoration lifts the federal ban, consult a federal firearms attorney before attempting to purchase or possess a firearm.
What is Virginia's Clean Slate Law and does it affect gun rights?: Virginia's Clean Slate Law, taking full effect on July 1, 2026, provides for automatic sealing of certain criminal records after specified waiting periods. While record sealing does not directly restore firearm rights, a sealed record may support a stronger circuit court petition and may affect federal background check results. The standard two-step restoration process is still required.
Can I restore gun rights for a violent felony in Virginia?: Yes, Virginia allows circuit court petitions for both violent and non-violent felonies. However, violent felony convictions face significantly greater scrutiny from both the Governor's office (for civil rights restoration) and the circuit court (for firearm rights). The Commonwealth's Attorney is more likely to object, and the court may require a hearing and substantial evidence of rehabilitation.
What happens if I possess a gun before my rights are restored in Virginia?: Possession of a firearm by a convicted felon in Virginia is a Class 6 felony under Virginia Code § 18.2-308.2, punishable by 1-5 years in prison. Under federal law (18 USC 922(g)(1)), it is punishable by up to 15 years. Do not possess, transport, or carry any firearm until you have received both the Governor's civil rights restoration order and the circuit court's firearm rights restoration order.

Take Action — Direct Links

Virginia Secretary of the Commonwealth — Restoration of Rights
Official portal for applying for restoration of civil rights from the Governor. Includes application forms, FAQs, and status checking.
Virginia State Police — Restoration of Firearm Rights
VSP page explaining the firearm rights restoration process, including how the circuit court petition works and how records are updated after restoration.
Clean Slate Virginia — Gun Rights Restoration Guide
Detailed guide on the two-step process for restoring firearm rights in Virginia, including the role of the Governor and circuit court.
Virginia Code § 18.2-308.2 (Full Statute Text)
Full text of the Virginia statute governing firearm possession by convicted felons and the circuit court restoration petition process.
CCRC — Virginia Restoration of Rights & Record Relief
Comprehensive overview of all rights restoration mechanisms in Virginia, including the Governor's clemency power and circuit court processes.
Clean Slate Virginia — New Laws (Clean Slate Act)
Information about Virginia's Clean Slate Law (effective July 1, 2026) and how it may interact with firearm rights restoration.
Loudoun County — Restoring Firearm Rights (Felony)
County-level guide with practical information on filing a circuit court petition for firearm rights restoration in Virginia.