How Much Does It Cost To Restore Gun Rights?

If you have a felony conviction or certain misdemeanor convictions on your criminal record, you may have lost your firearm rights under Virginia state law and federal law. Even after completing your sentence, possessing a firearm without completing the proper gun rights restoration process can lead to new charges.

In most cases, restoration begins with the restoration of civil rights through the Governor, followed by filing a petition in the appropriate circuit court, paying a filing fee, and notifying the Commonwealth Attorney. The judge may review your criminal history, eligibility, and background check results before deciding whether to grant restoration of firearm rights.

At Welch & Wright, PLLC, our law firm assists clients with firearm rights restoration and related criminal defense matters, including questions about expungement and prior criminal convictions, such as DUI or domestic violence. We provide practical legal advice tailored to your situation. Contact our law office to schedule a consultation and discuss your options for restoring your gun rights.

How Much Does Gun Restoration Cost in Virginia?

The cost of gun rights restoration involves more than one expense. There is a required circuit court filing fee, often around $98, though the exact amount can vary by locality. If you choose to work with an attorney, you would also pay attorney fees for their time, preparation, and representation at any court hearing. While filing on your own may appear less expensive upfront, errors in paperwork or missed procedural steps can result in a denial, which may lead to additional time and expense later.

What Are the Legal Fees Associated With Restoring Firearm Rights?

Most Virginia attorneys offer flat-fee packages for gun rights restoration to make costs predictable.

Their legal fees usually cover:

• Reviewing your criminal history and determining eligibility
• Preparing and filing the petition with the circuit court
• Communicating with the Commonwealth Attorney
• Representing you at any court hearings

What Factors Influence the Cost of Restoring Gun Rights?

No two cases are the same, which is why costs vary. The price often depends on how much work the attorney has to do.

Factors that impact the total cost include:

• Complexity of the record: Multiple convictions are harder to navigate than a single one.
• Type of crime: Violent felonies require more preparation to prove rehabilitation.
• Local court fees: Filing fees are set by the court but can differ by county.
• Objections: If the Commonwealth Attorney fights your petition, you may need a formal hearing, which increases legal costs.

What Crimes Disqualify Me From Firearm Rights Restoration?

Not everyone is eligible to get their gun rights back. Under Virginia and federal law, some convictions create permanent barriers.

You may be permanently disqualified if you have:

• A misdemeanor domestic violence conviction (this currently results in a permanent federal ban)
• A felony conviction in federal court or another state (Virginia courts cannot restore your gun rights if the conviction was in another state or federal court)
• Certain violent felonies or crimes involving guns, which make restoration much harder

If you are unsure if your crime disqualifies you, speaking with a lawyer is the best way to get clarity.

How Do Felons Get Their Gun Rights Back in Virginia?

Getting your rights back is a challenging two-step process. First, you must have your civil rights restored by the Governor of Virginia. This gives you back rights like voting and serving on a jury. Once you have that official order, you can then petition the circuit court in the city or county where you live to restore your specific firearm rights.

How Much Does It Cost to Have Gun Rights Restored After a Felony Conviction?

Felony cases are more expensive because the stakes are higher and the paperwork is more complex. For a felony restoration, you should expect to pay the standard court filing fee (around $98) plus attorney fees. The higher cost reflects the need for thorough documentation and strong representation to prove you are no longer a threat to public safety.

How Many Years After a Felony Can You Own a Gun?

In Virginia, you cannot even apply until you have completely served your sentence. This means you must be off probation, off parole, and have paid all fines and court costs. There is no specific “waiting period” after that, but you must first get your civil rights restored (which takes 1–3 months) before filing your gun petition, which then takes several more months to process.

Who Is Eligible to Restore Their Gun Rights in Virginia?

Eligibility is the first hurdle. Before you spend money on filing fees, you must meet strict criteria.

To be eligible, you generally must:

• Be a Virginia resident or have been convicted in a Virginia court
• Have had your civil rights restored by the Governor
• Have completed all sentences, probation, and parole
• Have paid all fines and court costs
• Have no pending criminal charges

What Documents Are Required for Gun Rights Restoration?

To file your case, you will need to prove your identity, your conviction history, and your rehabilitation.

Typical documents include:

• Certified criminal history record (abstract)
• The Governor’s Restoration of Civil Rights order
• Completed petition forms
• Proof of paid fines and court costs
• Character affidavits or letters of reference

Where Can I File My Petition to Restore Gun Rights in Virginia?

You must file your petition in the circuit court. If you live in Virginia, file in the circuit court of the city or county where you currently live. If you have moved out of state, you must file in the circuit court where your last Virginia felony conviction occurred.

How Long Does It Take to Restore Gun Rights After a Conviction?

Patience is key. The entire process usually takes between 4 to 12 months. Getting your civil rights restored by the Governor takes about 1 to 3 months. Once you file your gun petition in circuit court, it can take several more months to get a hearing date and a final decision, especially if the court schedule is busy or if the Commonwealth Attorney objects.

What Happens After My Gun Rights Are Restored?

Once a judge signs your restoration order, you are generally allowed to possess, purchase, and transport firearms under Virginia law. The court clerk will send a copy of the order and your fingerprints to the Virginia State Police to update their records. Ensure you carry a copy of this court order when you buy a firearm, as it serves as proof of the restoration of your rights.

Do I Need a Lawyer to Restore My Gun Rights in Virginia?

Technically, no. You have the right to file the paperwork yourself. However, the process is a legal proceeding with strict rules. A lawyer ensures your paperwork is correct, gathers the right evidence of your rehabilitation, and speaks for you in court. If the Commonwealth Attorney objects, having a lawyer to argue your case is almost essential for success.

Why Clients Work With Welch & Wright, PLLC to Restore Their Gun Rights

Facing a criminal conviction or dealing with the aftermath of a misdemeanor in Virginia can feel overwhelming, especially when it affects your firearm rights. At Welch & Wright, PLLC, we help clients navigate the complex process of firearm rights restoration. Our law firm listens carefully to your story, reviews your criminal history, and crafts a personalized strategy to get your gun rights back. With offices in Norfolk and York County, we have extensive experience in circuit courts across Hampton Roads, a deep understanding of Virginia Code and state law, and a track record of successful restorations.

Clients choose us for our attention to detail, clear communication, and commitment to protecting their Second Amendment and civil rights. From filing petitions to representing you at hearings, we guide you every step of the way, helping you regain your freedom and peace of mind.

Client Testimonials

“I hired Calum and Nick to defend me against various frivolous filings in Circuit Court. Calum appeared in Court and provided top-shelf representation. He is a skilled defense attorney and I highly recommend his services.” — Michael F.

“Nick Wright is an exceptional attorney. I was referred to him by another law firm and he proved to be extremely knowledgeable and thoroughly professional. Nick’s advice and counsel were very much appreciated and his legal acumen was instrumental in getting my case dismissed. I would most certainly recommend him to anyone in need of legal representation.” — Tom C.

“Nick is an excellent attorney. He handled my court case beautifully and had all my class misdemeanor charges dismissed. I can’t thank him enough and highly recommend Nick and his Law firm!” — R.J.T.

Speak With Our Experienced Virginia Attorney About Your Gun Rights.

Do not let a past conviction control your future any longer. If you are ready to restore your Second Amendment rights, the team at Welch & Wright, PLLC, is here to help. We understand Virginia law and the steps needed to prove your eligibility to the court. Call us today at (757)-707-8803 to discuss your case. You can also fill out our online contact form to schedule a time to talk. Let us put our experience to work for you and help you get your gun rights back.

Frequently Asked Questions

Do You Need to Get Your Civil Rights Restored Before You Can Get Back Your Gun Rights?

Yes, restoration of civil rights by the Governor is required before petitioning for firearm rights restoration. Virginia Code § 18.2-308.2(C) explicitly states that no felon qualifies to petition the circuit court unless civil rights have been restored.

Does Vacating or Expunging a Conviction Restore Gun Rights?

No, having a conviction vacated or sealed does not automatically restore gun rights in Virginia. Only certain charges, usually those where a judge or jury found you “not guilty” can be expunged. These are all separate legal processes. Even if a record has been sealed, restoring firearm rights typically requires completing the restoration of civil rights and filing a petition with the circuit court under Virginia Code § 18.2-308.2.