Firearms; restoration of right to person convicted of a nonviolent felony to possess, etc. (HB1406)

Introduced By

Del. Greg Habeeb (R-Salem) with support from 8 copatrons, whose average partisan position is:

Those copatrons are Del. Terry Austin (R-Buchanan), Del. Peter Farrell (R-Henrico), Del. Chris Jones (R-Suffolk), Del. Danny Marshall (R-Danville), Del. Jimmie Massie (R-Richmond), Del. John O'Bannon (R-Richmond), Del. Lee Ware (R-Powhatan), Del. Michael Webert (R-Marshall)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Restoration of right to possess, etc., a firearm. Provides that a person convicted of a felony, other than a violent felony, whose civil rights have been restored is not required to petition a circuit court for an order to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that such person's right to possess, transport, or carry such items is automatically restored upon the restoration of his civil rights. The bill has an effective date of January 1, 2019, contingent upon voter approval of amendments to Article II, Section 1 and Article V, Section 12 of the Constitution of Virginia at the November 2018 general election. Read the Bill »


Bill Has Failed


09/16/2016Prefiled and ordered printed; offered 01/11/17 17100358D
09/16/2016Referred to Committee for Courts of Justice
01/23/2017Assigned Courts sub: Criminal Law
02/01/2017Subcommittee recommends striking from docket
02/07/2017Left in Courts of Justice


Linda Couch writes:

I think the required burden for either the citizen or the Commonwealth should be the same as that which is required to restore the right to vote. Why should it be more burdensome to restore one right versus another?

Gail Gordon Donegan writes:

So...if someone commits a "non violent felony," like, say, embezzlement, then their rights are restored, why would we want them to have a gun? They've already shown a propensity for crime, and a gun just gives them a different are deadly way to hold people up. Do we really want drug dealers and tax cheats getting guns? I don't think so.

David Bennett writes:

I don't see an issue with this. Once you've answered for you crime and did the set out time, parole, or restoration and fines; you're considered a member of "free society" so why can't you function and be a true member of "free society"? It should just automatically be restored upon release of any non-violent felony.