Legal Question in Criminal Law in Virginia

My father lets a man rent his upstairs out while he lives downstairs. my father keeps a gun in his garage that the renter has full access to. the renter said he is a felon but got his gun rights back when he got his voting rights back from the governor. so my father did not think there was any problem but it turns out he lied only his voting rights were restored not his gun rights. if police came and saw the gun and arrested the felon would my father be charged even if he did not know.


Asked on 11/02/18, 12:21 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Why, would your father want to take the risk of being charged with anything (whether under the

civil or criminal law)?

Virginia law is written so that gun rights (determined by a circuit court judge) are never restored with voting rights (handled by the governor's office) and normally requires a separate petition filed with a local circuit court where the felon was convicted and with notice to

the local prosecutor's office in regard to such a petition to afford them the right to challenge it.

Your father would appear to be well advised to immediately remove this firearm from his garage and put it

under lock and key in a location that is completely unknown to this tenant and one which he will never

have the opportunity to find out about.

Furthermore, perhaps, it's time your father began looking for a new tenant, given the seriousness of the matter

which this current felonious tenant apparently saw fit to lie about to your father.

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Answered on 11/04/18, 12:31 pm


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