Can I Have My Gun Rights Restored in Florida?

 Posted on April 29, 2025 in Gun & Weapons Crimes

Under the Second Amendment to the U.S. Constitution, Americans have the right to bear arms. However, that right can be lost under both federal and state laws — particularly for people convicted of certain crimes. If you have been convicted of a felony or a gun-related offense in Florida, you are likely prohibited from owning, possessing, or purchasing a firearm. The same is true if you were convicted of a misdemeanor involving domestic violence.

Fortunately, this loss of rights is not always permanent. In some cases, a person may be able to regain their firearm rights through a specific clemency process administered by the State of Florida. While the path is strict and highly regulated, it is possible to succeed — especially with legal guidance from an experienced and tenacious Miami, FL gun rights restoration lawyer. If you are located in Miami-Dade County and want to understand your options, The Hoffman Firm can walk you through the steps and help you prepare a strong application.

What Crimes Result in the Loss of Firearm Rights in Florida?

The loss of gun rights most often follows a felony conviction, but a misdemeanor crime of domestic violence can also trigger a federal firearms prohibition. Additionally, any conviction involving the unlawful use or possession of a firearm will likely result in the loss of your right to own one in the future — even if the charge was not classified as a felony under Florida law.

Federal law also prohibits anyone from possessing firearms who:

• Has been convicted of a crime punishable by more than one year in prison (generally felonies)

• Is subject to certain restraining orders

• Is addicted to controlled substances

• Was dishonorably discharged from the military

• Is in the country unlawfully

This means that even if Florida restores your gun rights, federal restrictions could still apply, depending on the specifics of your case.

Can You Ever Get Your Gun Rights Back?

In some circumstances, you can restore your right to own and use a firearm in Florida. A gun crime conviction or felony does not always mean that your rights are lost forever. The Florida clemency process provides an opportunity for certain eligible applicants to request the restoration of their civil rights, including firearm rights. However, it is essential to understand that:

• Restoration of civil rights does not automatically include firearm rights.

• Firearm rights can only be restored through a specific form of clemency, which is granted separately.

• Not all applicants are eligible. The standards are strict, and each case is reviewed on an individual basis.

If you are considering filing for restoration, it is strongly recommended that you speak with an experienced attorney who can evaluate your eligibility and guide you through the process.

What Are the Requirements for Restoring Gun Rights in Florida?

Florida law has outlined detailed requirements for people seeking the restoration of firearm rights after a felony conviction. These rules apply only to convictions that occurred in Florida state courts. If your conviction took place in a federal court, military tribunal, or another state, Florida’s Office of Executive Clemency does not have the authority to restore your rights. You would need to seek relief through the federal or appropriate state process.

For those with eligible Florida convictions, the following criteria must be met:

• At least eight years have passed since you completed all terms of your most recent sentence, including probation, parole, community control, or conditional release.

• You have no pending detainers and no unpaid financial obligations totaling more than $1,000 from any traffic offense or criminal case.

• You owe no restitution to any victim, whether ordered through criminal sentencing or imposed as part of a civil judgment.

• You have not been convicted of a felony sexual offense.

• You are a citizen of the United States and a current resident of Florida.

If you meet these conditions, you may be eligible to apply for clemency and pursue restoration of your gun rights. Even so, the clemency process is discretionary, meaning that eligibility does not guarantee approval.

What If Adjudication Was Withheld?

In Florida, a judge may withhold adjudication in certain criminal cases. If this happened in your case, you were not formally convicted of a felony under state law. That means you may not be considered a "convicted felon" in terms of civil rights, and you might not need to go through the clemency process to possess a firearm under Florida law.

However, federal law may still apply. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can consider even withheld adjudications as disqualifying under federal rules, depending on how the case was resolved. In particular, if your withheld adjudication still involved a guilty plea, supervised probation, or suspended sentence, you may still be federally prohibited from owning or purchasing a gun — even if Florida does not consider you a felon.

Because of these complexities, it is critical to consult with a knowledgeable lawyer who understands both state and federal firearms laws.

Will Restoring Gun Rights Expunge My Record?

No. The restoration of gun rights does not erase or seal your criminal record. Clemency is separate from expungement or record sealing. In Florida, felony convictions generally cannot be sealed or expunged — even if your civil rights are later restored. Restoration allows you to regain certain privileges, but your conviction remains public and visible on background checks.

What Is the Clemency Process in Florida?

The clemency process in Florida is detailed and time-intensive. The first step is to submit an official application to the Office of Executive Clemency, along with certified copies of your charging documents, judgments, and sentence orders from each conviction. These documents are typically obtained from the Clerk of Court in the county where the offense occurred.

Once the application is submitted:

• The Office of Executive Clemency conducts a preliminary screening to verify whether you are eligible.

• If eligible, your case is assigned to an investigator, who may conduct interviews and request additional documents.

• The investigation results are submitted to the Clemency Board, which may then schedule your case for a clemency hearing.

• At the hearing, you or your attorney can speak on your behalf. The Governor and at least two cabinet members must agree to grant your petition.

Why Legal Representation Matters for Getting Your Gun Rights Back

Applying for clemency is not a simple administrative task. The process is formal, and errors or omissions can result in immediate rejection. Even if you meet the basic eligibility requirements, a strong application supported by evidence, legal arguments, and personal advocacy can make a significant difference.

An attorney can help:

• Determine if you are eligible

• Assemble the required documentation

• Present mitigating factors or changes in your life since the conviction

• Speak on your behalf before the Clemency Board

• Navigate any issues related to federal firearm restrictions

Talk to a Miami, FL Gun Rights Attorney Today

If you were convicted of a felony or gun-related crime and want to pursue the restoration of your firearm rights, contact The Hoffman Firm to speak with a knowledgeable Miami-Dade County, FL gun rights restoration lawyer. We can help you evaluate your eligibility, prepare a compelling clemency petition, and advocate for your rights every step of the way. Call 305-249-0090 to schedule a free consultation and take the first step toward reclaiming your Second Amendment rights.