Information for Referring Attorneys

I regularly receive referrals from fellow attorneys. Most of my referrals come from trusted colleagues who realize that their clients are best served by an experienced gun rights attorney who understands all of the minutia and nuances of firearms laws. Let’s face it, there are very few tried and true “gun nuts” who are also practicing attorneys. We are here, but it’s a small crowd.

Not surprisingly, many referring attorneys do not even know whether a potential client has a viable case. If you are a practicing attorney and would like to refer a potential client to my office, feel free to read the guidelines below to help you screen a case.

You (the attorney) can call the office directly, or you can have the client call the office at your direction. Please ask the client to mention your name, specifically, as a referring attorney.

Gun Rights Restoration After a Felony Conviction

A potential client may be eligible for gun rights restoration if they meet all three of these criteria:

1. They had a felony conviction under Virginia law.
2. They have had their civil rights restored by the Governor of Virginia.
3. They do not have any of the disqualifiers listed below.

Automatic Disqualifiers

• Any federal felony convictions.
  It does not matter the crime. It does not matter when. It does not matter where. If they had a felony conviction in federal court, there are currently no viable options for restoration. (I do not currently consider an as-applied challenge in federal court as a “viable” option.)
• Previous convictions for a Misdemeanor Crime of Domestic Violence against a spouse, former spouse, child, parent of a child in common, or similar familial relationship.
  These charges include Assault and Battery of a Family Member, Brandishing a Firearm, Disorderly Conduct, etc., against a family member described above.
  • It does not matter how old the conviction is. It does not matter whether it occurred in Virginia or any other state.
  • *** 1st Offender Dismissals are still eligible.
  • The client may be eligible if the victim was a sibling, parent, or other relationship not mentioned above.
• Active Protective Orders or Restraining Orders from any state.
• Out-of-state felony convictions with NO Virginia felony convictions.
  • To satisfy federal law, a person’s gun rights must be restored by the state that convicted them. If they only have felonies from outside of Virginia, there are no options to have their gun rights restored in Virginia.
  • If they have felonies from Virginia and another state, they must be restored by both states. Individuals with felonies in Virginia and another state should call the office for a consultation.

The ideal referral will have a reasonable grasp of their complete criminal history, before and after any felony convictions, including the approximate years of prior convictions, the dispositions of all charges, the jurisdictions, and other pertinent information.

If your client meets the criteria above, please have them call the office. I would be happy to schedule an initial consultation to further evaluate their options.

The initial consultation for a felony restoration is free.

Concealed Handgun Permit Denials

If you have a client who has been denied a Concealed Handgun Permit from a Virginia circuit court, time is of the essence! We only have 21 days, from the date of the denial, to file a request for an ore tenus hearing. If the client is within the 21 days, they should call the office immediately.

The initial consultation for a CHP denial is free.

Gun Rights Restorations After a Mental Health Commitment, Involuntary Admission, etc.

These cases are inherently unique and relatively rare. The ideal referral will have a reasonable understanding of their treatment history, including dates and jurisdictions of any commitments. They should also have a reasonable grasp of any criminal history, before or after the commitment.

Please note: All of the automatic disqualifiers listed above (for felony restoration) apply equally to mental health restorations.

The initial consultation for a mental health restoration is free.

General Advice Consultations Regarding Self-Defense Questions or Firearms Laws

Gun owners have lots of questions. Most gun owners strive for an accurate, if not comprehensive, understanding of self-defense laws as well as the various rules regarding possessing, carrying, and discharging firearms.

If you have a client with these types of questions, feel free to have them call the office. However, as I am sure you understand, this is one of the areas where I charge an advice consultation fee depending on the time, scope, and complexity of the matter.

Criminal Defense, With or Without a Firearms Component

If you have a potential client who is actively seeking to retain private counsel for a criminal matter, please have them call the office. The initial consultation will be more productive if the potential client has a good understanding of the specific charges they are facing.

Criminal defense consultations are free.