Case StudiesFirearms & WeaponsWilliams v. Commonwealth

Firearms & Weapons Case Study

Williams v. Commonwealth

📍 Virginia Court of Appeals📅 2015⚖️ Virginia Code § 18.2-308.2

Legal Issue

Whether the defendant's civil rights had been restored, removing the disqualification from firearm possession.

Court Holding

The court reversed the conviction, finding that the defendant's civil rights had been restored by the Governor of Virginia, which under Virginia law also restored the right to possess firearms. The court held that the prosecution failed to prove that the defendant remained disqualified from firearm possession after the restoration of civil rights.

Defense Takeaway

In Virginia, the Governor can restore civil rights — including the right to possess firearms — to persons with prior felony convictions. D.J. Rivera advises clients on the civil rights restoration process and defends firearms charges where the client's rights have been restored. This case illustrates the importance of verifying the current status of a client's civil rights before trial.

Relevant Virginia Law

This case involves § 18.2-308.2 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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