I have a felony conviction from another state but a Virginia circuit court restored my firearm rights. Why won't the Virginia State Police let me buy a gun?
Plain-English summary
Federal law (18 U.S.C. § 922(g)(1)) makes it a crime for anyone "convicted of a crime punishable by imprisonment for a term exceeding one year" to possess a firearm. There is one carve-out: if your civil rights have been restored, the conviction does not count for the federal ban. The wrinkle is in 18 U.S.C. § 921(a)(20), which says whether your civil rights have been restored depends on the law of the jurisdiction where the conviction happened. Virginia courts cannot lift a federal disability that came from a Pennsylvania conviction; only Pennsylvania can.
Virginia, separately, has its own felon-in-possession statute (§ 18.2-308.2) and its own restoration procedure (§ 18.2-308.2(C)). To get firearm rights restored under Virginia law, you must first get the Governor to remove your "political disabilities" and then petition a circuit court for a restoration order. That state-law process is fine; it lifts the Virginia disability. But Virginia State Police, when running a background check before a firearm purchase under § 18.2-308.2:2(B), must verify the buyer is not prohibited under either state OR federal law. So if the federal disability persists because the convicting state never restored your civil rights, VSP must deny the sale, and the AG concludes that VSP is acting properly when it does so.
Attorney General Jay Jones added a footnote that goes further: it is "questionable whether a circuit court is authorized to grant" a Virginia restoration petition in the first place when the petitioner has an unrestored out-of-state conviction, because § 18.2-308.2(C) only authorizes unconditional restoration, and an ongoing federal prohibition makes truly unconditional restoration impossible.
What this means for you
If you have an out-of-state felony conviction and live in Virginia
To buy a firearm in Virginia, you have to clear two restrictions, not one. Virginia's process (Governor pardon plus circuit court restoration order) handles the state side. The federal side requires you to have your civil rights restored by the state where you were originally convicted. Civil-rights restoration usually means the right to vote, sit on a jury, and hold public office; the specifics differ state by state, and some states restore rights automatically after sentence completion while others require an application.
The opinion includes a four-step framework you should walk through:
- Has the Governor of Virginia removed your political disabilities? If no, stop here; you cannot proceed in Virginia.
- Have you been convicted of any crime punishable by more than one year of imprisonment in any other state, U.S. territory, or D.C.? If no, you can petition a Virginia circuit court directly.
- If yes, have your civil rights been restored for each disqualifying conviction in the state of conviction? If no, the federal prohibition still applies and VSP will deny any purchase.
- If your civil rights have been restored in the convicting state, you can then petition the appropriate Virginia circuit court for unconditional restoration.
Each step is necessary; skipping the convicting state's restoration step will not work, no matter what a Virginia court rules.
If you are a federal firearms licensee or firearms dealer in Virginia
You should expect VSP to continue denying transactions where the buyer has an out-of-state felony conviction without convicting-state restoration, even if the buyer presents a Virginia circuit court restoration order. The opinion explicitly endorses VSP's denial as proper. Document the denial reason (state vs. federal) when you receive a NICS-equivalent denial code through VSP.
If you serve on a Virginia circuit court bench
The opinion's footnote 18 questions whether you have authority under § 18.2-308.2(C) to grant an unconditional restoration order at all when the petitioner has an unrestored out-of-state felony, because federal law would still bar possession. That makes any "unconditional" Virginia restoration order legally impossible to honor. The AG's analysis tracks the Virginia Court of Appeals' reasoning in Focke v. Commonwealth, 77 Va. App. 366 (2023), and the Culpeper Circuit Court's In re Minifield decision. Consider that body of authority before granting a petition that would, in practice, do nothing.
If you are a criminal defense attorney handling restoration petitions
The opinion creates a paper-record problem for circuit court restoration petitions when an out-of-state felony is in the file: the AG has now publicly stated that VSP will deny purchases regardless of the circuit court's order, and signaled doubt about the court's authority to grant the petition in the first place. Walking your client through the four-step framework is now the responsible approach. For clients with out-of-state convictions, the practical path is to first obtain restoration in the convicting state, then seek the Governor's removal of political disabilities, then file the Virginia circuit court petition.
If you are a rights-restoration petitioner already holding a Virginia restoration order based on an out-of-state felony
You are exactly the person whose facts prompted this opinion. The opinion squarely says the federal disability persists despite your Virginia order, and VSP will deny your purchase. Your effective path forward is to pursue civil-rights restoration in the convicting state.
Common questions
Q: What does "civil rights restored" mean?
A: For the federal carve-out under 18 U.S.C. § 921(a)(20), federal courts look to the law of the convicting jurisdiction. Most states define "civil rights" as the rights to vote, hold elective office, and serve on a jury; some include other rights. Some states restore these rights automatically upon completion of sentence; others require a separate application or executive action.
Q: What if I never lost my civil rights in the convicting state in the first place?
A: That is fact-specific to the convicting state. The Fourth Circuit in United States v. Smith and the Ninth Circuit in Carey and Ramirez-Castillo have all looked to the law of the convicting state to decide whether a person's civil rights were ever lost or have been restored. If they were never lost (or never could have been lost on the facts), arguably § 921(a)(20) still applies. Talk to a federal-firearms-law attorney for your specific situation.
Q: Can the Virginia Governor's pardon power restore my firearm rights from an out-of-state conviction?
A: No. Per the Virginia Supreme Court in Gallagher v. Commonwealth, 284 Va. 444 (2012), the Governor's removal-of-political-disabilities power "does not encompass the power to restore firearm rights." It only restores rights like voting, holding office, jury service, and notary status.
Q: What if I have other federal disqualifications too, like a domestic violence misdemeanor?
A: The opinion's framework is limited to the single disqualification of a felony conviction. The opinion notes that other federal disqualifications under 18 U.S.C. § 922(g) (such as § 922(g)(3) for unlawful drug use or § 922(g)(9) for a domestic violence misdemeanor) "likely preclude a Virginia circuit court from unconditionally restoring firearm rights" as well.
Q: If the federal disability is the problem, can I get a federal pardon to fix it?
A: A federal pardon would lift a federal felony's federal disability. State convictions are different; the federal scheme defers to the state of conviction for restoration determinations. Your fix has to come from the convicting state.
Q: Does this opinion change federal law or just clarify how Virginia agencies will apply it?
A: Just clarifies. Federal courts have been clear about this for decades (Beecham v. United States from 1994 is the leading Supreme Court decision). The opinion confirms that VSP will continue to apply that federal rule when running the background check.
Background and statutory framework
Two parallel legal regimes apply when someone with a felony conviction wants to buy a firearm in Virginia.
The state regime: § 18.2-308.2(A) makes it a Virginia crime for a person convicted of a felony anywhere to possess a firearm in Virginia. To restore firearm rights under Virginia law, the convicted person must complete a two-step process under Gallagher. First, the Governor must remove the person's political disabilities under Va. Const. art. V, § 12. Second, the person must petition the appropriate circuit court for an unconditional restoration order under § 18.2-308.2(C). The court "may, in its discretion and for good cause shown, grant such petition."
The federal regime: 18 U.S.C. § 922(g)(1) prohibits firearm possession by anyone with a conviction of a crime punishable by more than one year imprisonment. Section 921(a)(20) provides the carve-out: "Any conviction . . . for which a person . . . has had civil rights restored" does not count. Critically, § 921(a)(20) says whether a person's civil rights have been restored is determined "in accordance with the law of the jurisdiction in which the proceedings were held." The Supreme Court confirmed this jurisdiction-of-conviction rule in Beecham v. United States, 511 U.S. 368 (1994).
The Virginia State Police's role bridges the two regimes. Under § 18.2-308.2:2(B) and § 18.2-308.2:5, no firearm sale by a dealer can proceed unless the seller receives confirmation from VSP that "the prospective purchaser is not prohibited under state or federal law from possessing a firearm." So even if the buyer is no longer prohibited under Virginia law (because of a Virginia restoration order), VSP must still verify the federal side. If the buyer has an out-of-state felony and the convicting state has not restored civil rights, the federal disability is still in place and VSP must deny.
This is also why, per the opinion's footnote 18, a Virginia circuit court arguably lacks the power to grant an "unconditional" restoration order in the first place when the petitioner is still federally barred. The Virginia Court of Appeals in Focke v. Commonwealth, 77 Va. App. 366 (2023), made the same point: state courts cannot remove a federal disability.
Citations and references
Statutes:
- Va. Code Ann. § 18.2-308.2 (Felon in possession; restoration)
- Va. Code Ann. § 18.2-308.2:2 (Background check before sale)
- 18 U.S.C. § 922 (Federal firearms disabilities)
- 18 U.S.C. § 921(a)(20) (Definition of conviction; restoration)
Cases:
- Beecham v. United States, 511 U.S. 368 (1994) - civil-rights restoration determined by jurisdiction of conviction
- Gallagher v. Commonwealth, 284 Va. 444 (2012). Governor's removal-of-political-disabilities power does not include firearms
- Focke v. Commonwealth, 77 Va. App. 366 (2023) - state courts cannot lift federal firearms disability
- United States v. Smith, 939 F.3d 612 (4th Cir. 2019) - looking to state law for whether something counts as a conviction
Source
- Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
- Original PDF: https://www.oag.state.va.us/files/Opinions/2026/24-022-Williams-Issued.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.
COMMONWEALTH of VIRGINIA
Office of the Attorney General
Jay Jones, Attorney General
202 North 9th Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services 800-828-1120
February 6, 2026
The Honorable Wren M. Williams
Member, House of Delegates
336 Patrick Avenue
Post Office Box 192
Stuart, Virginia 24171
Dear Delegate Williams:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.
Issues Presented
You ask whether the Virginia State Police can deny an application for firearm purchase submitted by an individual convicted of a felony in another state when the applicant, subsequent to that conviction, successfully has petitioned a Virginia circuit court for restoration of his right to possess a firearm. Should a denial be permissible, you also ask what method Virginia law provides to restore the firearm rights of a person who was convicted of a felony outside of Virginia, but now resides within the Commonwealth.
Applicable Law and Discussion
Virginia Code § 18.2-308.2(A) makes it a crime for "any person who has been convicted of a felony . . . to knowingly and intentionally possess or transport any firearm or ammunition for a firearm" in the Commonwealth. This prohibition applies "whether such conviction . . . occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof." Upon meeting certain conditions, however, a felon can have his right to possess a firearm under Virginia law restored.
Virginia law establishes a two-step process for restoring firearm rights following a felony conviction. First, the petitioner must apply to the Governor of Virginia for restoration of his political rights. Second, the petitioner must apply to a Virginia circuit court for an order permitting the possession of firearms. Code § 18.2-308.2(C) governs the petition process. It provides that a person convicted of a felony "may petition the circuit court . . . for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon[.]" The statute expressly states that "no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority." Upon review of a restoration petition, "[t]he court may, in its discretion and for good cause shown, grant such petition and issue a restoration order."
This restoration process notwithstanding, the Virginia State Police has an independent duty to verify a prospective purchaser's criminal history before authorizing a firearm sales transaction between a firearms dealer and the purchaser. Indeed, no person may sell or buy a firearm in the Commonwealth without the buyer first undergoing a criminal background check and the seller receiving confirmation from the Virginia State Police "that the prospective purchaser is not prohibited under state or federal law from possessing a firearm . . . ."
Federal law prohibits the possession of a firearm by, among others, "any person . . . who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . . . ." The prohibition does not apply, however, to "[a]ny conviction . . . for which a person . . . has had civil rights restored . . . ." The determination of both whether a type of state conviction falls within the federal prohibition and whether a convict's rights have been restored is dependent on "the law of the jurisdiction in which the proceedings were held[.]" Accordingly, although Virginia law prevents persons with out-of-state convictions to possess firearms in the Commonwealth, the convicting state's laws — and not Virginia's — govern whether that person's civil rights have been restored for purposes of possessing a firearm under federal law.
Unless a person with an out-of-state felony conviction is able to demonstrate that his rights have been restored under the laws of the convicting state, the individual remains subject to the federal prohibition against possessing firearms. Having one's civil rights restored under Virginia law does not restore a person's civil rights in another state based on a conviction there and thus does not satisfy the restoration requirement for purposes of the right to possess a firearm under federal law. The critical question for permission to possess a firearm under federal law after conviction of an out-of-state felony is whether the person's civil rights have been restored in the state of conviction. Absent restoration of rights in the convicting state, the felon is precluded from possessing a firearm under federal law, and he therefore may not purchase a firearm in Virginia.
Thus, to the extent that someone successfully has petitioned a Virginia circuit court for restoration of his firearm rights, but otherwise remains disqualified under federal law to possess a weapon due to having been convicted of a felony in another state that has not restored his rights, that person is prohibited from purchasing a firearm in Virginia. In such cases, the Virginia State Police properly deny firearm purchases.
In response to your inquiry as to the proper steps an individual must take to once again be able to purchase a firearm in Virginia when that person was convicted of a felony in another state but now lives in the Commonwealth, I offer the following analytical framework. To determine whether a person with an out-of-state felony conviction is eligible to purchase a firearm in Virginia, the person should ask the following questions:
(1) Has the Governor of Virginia removed his political disabilities?
a. If no, the person is not qualified to have firearms rights restored in Virginia.
b. If yes, proceed to step 2.
(2) Has the person been convicted of any crime punishable by more than 1 year of imprisonment in any other state, territory of the United States, or the District of Columbia?
a. If no, the person is qualified to petition to have his firearms rights unconditionally restored in Virginia, provided no other federal prohibition applies.
b. If yes, proceed to step 3.
(3) Have the person's civil rights been restored for each disqualifying conviction in the jurisdiction of conviction?
a. If no, the person remains subject to a federal prohibition against firearms possession and cannot purchase a firearm in Virginia.
b. If yes, the person is no longer barred from possessing firearms under the applicable federal law.
(4) Has the person successfully petitioned the appropriate Virginia circuit court for unconditional restoration of his right to possess a firearm?
a. If no, the person is prohibited from possessing or purchasing a firearm.
b. If yes, and assuming all other legal requirements are met, the person is eligible to purchase a firearm in Virginia.
Conclusion
Accordingly, it is my opinion that the Virginia State Police properly denies firearm purchases when the prospective purchaser is prohibited from possessing a firearm under federal law because of an out-of-state conviction, irrespective of whether a Virginia circuit court has granted the purchaser a firearms restoration order. It is further my opinion that to purchase a firearm in Virginia, a person with an out-of-state felony conviction first must have his civil rights restored by the convicting state, in accordance with federal law.
With kindest regards, I am,
Very truly yours,
Jay Jones
Attorney General