Compared to a felony, a single misdemeanor conviction can seem minor. However, certain offenses can take away your Second Amendment rights under both federal and Virginia law. If you are facing or living with a past conviction, understanding these rules can help you take the first steps towards recovering your right to bear arms.
Federal laws on gun rights
Federal law makes it illegal for you to possess a firearm if you have been convicted of a misdemeanor crime of domestic violence. This ban applies regardless of how a state labels the offense. To qualify, the offense must:
- Be a misdemeanor under federal or state law
- Involve the use or attempted use of physical force or the threat of a deadly weapon
- Involve committing the offense against a family or household member, such as a current or former spouse, parent, guardian, someone you live with or someone you share a child with
If an assault involves a qualifying relationship, federal law treats it as a domestic violence offense and the firearm ban applies. The ban stays in place for life unless a court expunges the conviction, sets it aside, grants a pardon or restores your civil rights in a way that meets federal requirements.
Qualifying misdemeanors in Virginia
The most significant of convictions is assault and battery of a family or household member, including a spouse, a former spouse or a person with whom you share a child. As of July 1, 2021, anyone convicted of this offense loses their right to purchase, possess or transport guns under Virginia law. This ban lasts for three years from the date of conviction, after which rights are restored automatically unless another disqualifying factor exists.
Beyond domestic violence convictions, other misdemeanors can affect your ability to obtain a concealed handgun permit, even if they do not prohibit firearm possession entirely. For example, having two or more misdemeanor convictions within five years, especially if one is a Class 1 misdemeanor, can disqualify you from receiving a concealed carry permit in the state.
Two misdemeanor drug convictions within three years create another set of restrictions. State law forbids you from possessing a handgun if you have two drug-related misdemeanor convictions in this period. This rule only applies to handguns and ends five years after the second conviction if you commit no further drug offenses.
A restraining or protective order issued by a court also often includes a firearms prohibition while it remains in effect and may lead to an arrest if violated.
Restoration of rights process
Virginia law outlines when you can regain the right to own guns after a misdemeanor conviction. However, federal law currently offers no clear path for restoring your gun rights following a domestic violence misdemeanor, which makes the situation more complicated if your conviction in the state occurred before July 1, 2021.
This is because under old Virginia law, you never lost your state gun rights, but your federal one. Since the state had not removed those rights, its restoration process could not give them back, leaving the ban in place indefinitely.
For other types of misdemeanor convictions that affect concealed carry permit eligibility, the path forward may be clearer. Waiting for the required time period to pass or addressing the underlying convictions through legal avenues can restore eligibility. Enlisting the help of an attorney who has a grasp of both state and federal laws can help you understand the various processes involved and provide you with realistic expectations on what the outcome may be.
