Gallagher v. Commonwealth
Annotate this CaseThese appeals presented the same question of law and were therefore considered together. The question presented involved the interplay between the Constitution of Virginia and Va. Code 18.2-308.2, relating to jurisdiction of the circuit courts to restore rights to ship, transport, possess or receive firearms to a person who has lost those rights by suffering a felony conviction. The question arose where the convicted person's political disabilities had subsequently been restored by the Governor. The Supreme Court reversed the judgments in both cases and remanded, holding (1) firearm rights may only be restored to a convicted felon by a permit issued by a circuit court; (2) the Fairfax County circuit court erred in ruling that the first defendant's petition must be denied because the Governor had not given him a full restoration of rights; and (3) the Buchanan County circuit court of erred in ruling that the second defendant's petition must be denied because the Governor, by excepting firearm rights from his order removing political disabilities, had placed a condition on the defendant's right to possess firearms that precluded the court from considering the defendant's petition.
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