According to the Second Amendment to the U.S. Constitution, every American has a right to bear arms. However, if a citizen is convicted of a felony or a misdemeanor involving domestic violence, then he/she will lose the right to possess, use, or purchase a gun.
But is it possible to regain your gun rights back in Florida? Yes, a convicted felon may be able to restore such privileges by filing a petition with the state’s Office of Executive Clemency.
The following are the requirements to have your firearm rights restored in Florida:
- You completed all sentences imposed for your most recent conviction, including all conditions of supervision (e.g. probation, parole, community control, and conditional release).
- Eight (8) years have passed since you completed all sentences.
- There are no outstanding detainers or financial penalties/liabilities that cost over $1,000 from any conviction or traffic violation.
- There is no outstanding restitutio for the victim, including civil court judgments.
Furthermore, if adjudication was withheld on your charge, you do not have to petition for executive clemency because you weren’t adjudicated guilty. Yet, you cannot buy a gun from a federally licensed dealer for three years.
If you were convicted of a federal felony, in a military court, or in a court in another state, then you do not qualify to have your firearm rights restored.
Along with filing the petition, you must submit certified copies of the charging document, judgment, and probation or sentence order for each felony offense. These documents can be obtained from the Clerk of Court in the county where you were convicted.
If you are found to be eligible after the initial screening, an investigator will be assigned to your case. Based on the results of the investigation, you may be subject to a clemency hearing to determine if your gun rights should be restored.
If you are granted clemency, you will be issued a certificate showing your gun rights are restored. If clemency is denied, you must wait at least two years from the denial date to reapply.
If you are interested in restoring your gun rights in Miami or Broward County, let The Hoffman Firm determine if you are eligible and prepare and file the petition on your behalf. Contact us today at (305) 928-1669 for a free initial consultation.