Quick Answer: Can a felon own a gun in Virginia? It depends. In Virginia, a felony conviction strips you of your right to possess, transport, or carry a firearm. If police catch you with a gun, the state will charge you with a brand-new felony. The good news is that Virginia law provides a path to restore firearm rights in some cases. 

If a felony conviction is standing between you and your gun rights, our gun crimes attorneys can help you understand your eligibility and guide you through the restoration of rights process. Contact us or call (804) 572-8265 today for a consultation.

What Virginia Law Says About Felony and Firearms

The controlling statute is Virginia Code § 18.2-308.2. It makes it a Class 6 felony for a person convicted of a felony to knowingly and intentionally possess or transport a firearm, ammunition, or a stun weapon.

A few points that surprise many people:

The Ban Covers More than Guns

Ammunition and stun weapons are included, so a felon could face charges without ever touching a firearm.

Possession Does Not Require Ownership

Having a gun within your reach or control, such as in your car or bedroom, may count as possession even if it belongs to someone else. This is called constructive possession.

Penalties Can Be Severe

A violation is punishable by up to 5 years in prison, and Virginia imposes mandatory minimum sentences in certain cases, including a mandatory minimum of 5 years if the prior conviction was for a violent felony.

Federal Law Applies Too

Under 18 U.S.C. § 922(g), federal prosecutors can also charge a felon in possession of a firearm, and federal courts often hand down harsher penalties.

Because possession can be constructive, these cases often turn on the details. Where was the gun found? Who else had access to it? Did you know it was there? Because these questions change with every case, the attorney must build the defense around your specific facts instead of using a standard approach.

Can a Felon Own a Gun in Virginia? Firearm Rights Restoration in Virginia

Losing your gun rights after a felony is not always permanent. Virginia uses a two-step process, and the order matters.

Step 1: Restore Your Civil Rights. 

A felony conviction in Virginia takes away your civil rights, including the right to vote, serve on a jury, and hold public office.

Only the Governor can restore these rights, and you generally must apply through the secretary of the Commonwealth after completing your sentence, including probation or parole. Restoring civil rights does not restore firearm rights by itself.

Step 2: Petition the Circuit Court. 

After your civil rights are restored, you may petition the circuit court in the city or county where you live for a permit to possess or carry a firearm.

The court has discretion. A judge will look at your record since the conviction, the nature of the original offense, and whether granting the petition is consistent with public safety.

Keep in mind:

Federal Law Can Still Be a Barrier 

Even when a Virginia court restores your rights, federal law may still ban you from owning a gun, depending on how the court structures that restoration.

Some People Face a Harder Path 

The type of felony, how long ago it occurred, and your conduct since then all influence how a judge views the petition.

There is No Guaranteed Outcome 

Restoration is discretionary, and a well-prepared petition could make a real difference.

At Peters Law Firm, founding attorney Rebecca Peters approaches both felony defense and its long-term consequences with the understanding that a conviction affects far more than the person charged. 

Her background in family law before moving into criminal defense shapes how the firm looks at what a case means for a client’s household, livelihood, and future. Every weapon and felony case is evaluated on its own facts, because the right strategy for one client may not be the right strategy for another.

What Happens If I Am Caught With a Gun with a Felony?

If you have a felony record and are charged under § 18.2-308.2, you are facing a new felony prosecution, not a probation issue or a paperwork problem. Here is what that could involve:

• A Class 6 felony charge carrying up to 5 years in prison
• Mandatory minimum time in some cases: 2 years if the prior felony was within the past 10 years, and 5 years if the prior was a violent felony, with no possibility of suspension
• Possible federal charges on top of or instead of state charges
• Loss of any future restoration path, since a new conviction resets the clock and damages a later petition

Defenses exist.

The Commonwealth must prove you knowingly possessed the weapon, and issues such as unlawful searches, shared living spaces, and lack of knowledge come up often in these cases. What works depends entirely on the evidence in your case.

Frequently Asked Questions about Gun Charges

How long does a felon have to wait to get gun rights back in Virginia?

There is no single waiting period. You must first complete your sentence and have your civil rights restored by the Governor, which has its own timeline, and then petition the circuit court. The full process often takes years from the end of your sentence, and the timeline varies case by case.

What is the penalty for a felon caught with a gun in Virginia?

It is a Class 6 felony punishable by up to 5 years in prison. Virginia law imposes a mandatory minimum of 2 years if the prior felony conviction was within the last 10 years. And a mandatory minimum of 5 years if the prior conviction was for a violent felony.

Can a felon live in a house with a gun in Virginia?

It is legally risky. Prosecutors can pursue charges based on constructive possession if a felon has access to or control over a firearm in the home, even if it belongs to a spouse or family member. How you store the gun and who can access it matters. Anyone in this situation should get legal advice about their specific circumstances.

Does a pardon restore gun rights in Virginia?

Not necessarily. A simple pardon in Virginia generally does not restore firearm rights by itself, and most people still need to petition the circuit court. An absolute pardon, which is rare, may have a broader effect.

Talk to Peters Law Firm About Your Case

Whether you are facing a felon in possession charge or want to pursue restoring your firearm rights after an old conviction, the right approach depends on the specifics of your record and your situation. Contact Peters Law Firm at (804) 572-8265 or visit the criminal defense page to learn how the firm handles weapons charges and felony matters in Glen Allen, Richmond, and throughout Central Virginia.

This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss the specific facts of your situation.