747 S.E.2d 809
Va.2013Background
- Leone, a felon, had his civil rights restored by the Governor in 2012 except for firearm rights.
- Leone filed in the Virginia Beach circuit court a petition under Code § 18.2-308.2(C) to restore his firearm rights.
- Leone resides in North Carolina, not in Virginia Beach, where the petition was filed.
- The Commonwealth contested venue/territorial jurisdiction, arguing the circuit court lacked authority to adjudicate the petition because Leone did not reside in the filing jurisdiction.
- The circuit court granted Leone's petition restoration of firearm rights, noting the right to carry a concealed weapon was not included.
- The Virginia Supreme Court reversed, holding the circuit court lacked territorial jurisdiction to adjudicate the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court had territorial jurisdiction to hear the petition. | Leone resides outside Virginia Beach; venue valid under residency. | Petitions for restoration must be filed where petitioner resides; Virginia Beach venue improper. | No; circuit court lacked territorial jurisdiction and the petition must be dismissed. |
Key Cases Cited
- Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 (2007) (statutory interpretation and jurisdiction principles)
- Campbell v. Harmon, 271 Va. 590 (2006) (plain meaning of statute governs)
- Virginia Polytechnic Inst. & State Univ. v. Interactive Return Serv., 271 Va. 304 (2006) (statutory interpretation guidance)
- Gallagher v. Commonwealth, 284 Va. 444 (2012) (legislative grant of circuit court jurisdiction for firearm rights)
- Kelso v. Commonwealth, 282 Va. 134 (2011) (territorial jurisdiction equals venue; can be waived)
- Porter v. Commonwealth, 276 Va. 203 (2008) (definition of territorial jurisdiction; venue concepts)