Will an Arrest Stop Me From Owning a Firearm?

Posted By David L. Carlson, Attorney At Law || 16-Mar-2016

As Americans, we take our right to bear arms under the Second Amendment very seriously. Most gun enthusiasts embrace their right to use firearms to protect themselves and their families from intruders and dangerous individuals.

Some people enjoy target shooting with handguns and rifles for fun, while others take their rifles to the woods to hunt deer and other animals. Often, guns are needed for protection from wild animals when visiting the mountains or camping.

If you happen to be one of those people who take pride in owning firearms, and you recently got into trouble with the law, you may be wondering if your criminal charges could threaten your right to possess a firearm. It depends.

Will you have to give up your weapons?

There are several situations where you could lose your right to own a firearm in Virginia. Here are some of the top reasons why you could be prohibited from possessing a firearm:

  • You are charged with a felony offense.
  • You are the subject of an active misdemeanor or felony arrest warrant from Virginia or another state.
  • You have been convicted of a misdemeanor, punishable by two years, even if you did not do all the time.
  • There is an outstanding restraining order against you for domestic violence.
  • There is an outstanding restraining order against you from a spouse, former spouse, or person with whom you have a child in common.
  • You are addicted to drugs.
  • You been acquitted for an offense because the court found you insane.
  • A court found you legally or mentally incompetent or incapacitated.
  • You are an alien legally in the U.S.
  • You have been convicted of domestic violence, including misdemeanors.
  • You were convicted of two misdemeanors for drug possession or marijuana (within a certain time period).

If any of the above applies to your situation, you may be denied the right to own or possess a firearm. Even if you are convicted of a felony, you may eventually be able to purchase a firearm as long as your civil rights have been restored under state and federal law.

If you’re facing criminal charges, the best way to protect your gun rights is to avoid a conviction. Contact Carlson & Collier to schedule a consultation!

Richmond Criminal Defense Lawyer

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Carlson & Collier
Richmond Criminal Defense Lawyer
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Glen Allen, VA 23060
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