Gov. Terry McAuliffe allowed more than 200,000 ex-cons in Virginia to register to vote in the upcoming presidential election last week.
This single action marks one of the biggest steps taken by a state to instantly restore voting rights. The change applies to all felons, violent and non-violent, who have completed their sentences and been released from supervised probation or parole. Furthermore, with the signing of this executive order, McAuliffe eliminated the need for an application for those that had completed their sentences.
“Once you have served your time and you’ve finished up your supervised parole...I want you back as a full citizen of the commonwealth,” McAuliffe said. “I want you to have a job. I want you paying taxes, and you can’t be a second-class citizen.”
Along with restoring voting rights, the governor’s action restores the right to serve on a jury, become a notary public and run for public office. The new rights also apply to felons convicted in another state and living in Virginia.
However, this action alone does not automatically return the Constitutional Rights found in the Second Amendment, the right to bear arms. According to Virginia State Law, the Governor does not have the power to restore firearm rights to convicted felons. Pursuant to Section 18.2-308.2 Code of Virginia, convicted felons who have been granted restoration of their political rights can then petition the Circuit Court where they reside and request a hearing on restoration of firearm rights by the Circuit Court Judge. The court may, in its discretion and for good cause shown, grant such petition and issue a permit.
With the Governor’s blanket political restoration, I would expect that many of those 200,000 felons will now petition their Circuit Courts for the restoration of their firearm rights. Our law firm is ready to assist these individuals in regaining this important right.
With the political restoration completed, the process to petition the court is rather simple. An attorney will draft the petition, give notice to the Commonwealth Attorney, and then notice the case for a hearing.
I would expect to be before a judge in less than 30 days from filing. In my 15 years of practice I have successfully petitioned for this right on behalf of my clients many times.
Goodall, Pelt & Carper, P.C. offers this service in the City of Fredericksburg, and Prince William, Stafford, Spotsylvania, King George, and Caroline counties. The standard fee for this service is $500. Once the petition is granted the felon will have the right to purchase and possess firearms legally in Virginia.
“The right to bear arms is guaranteed in the U.S. Constitution and now, thanks to Gov. Terry McAuliffe, is attainable to many more Virginians.”
This post is written by Jason M. Pelt. Senior Partner Goodall, Pelt & Carper, P.C.
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