Miami, Florida Restoration of Gun Rights Lawyer

Skilled Attorney Helping Apply for Clemency to Restore the Right to Possess Firearms in Miami, FL

The right to own and possess firearms is an important constitutional protection, but people who are convicted of certain crimes can lose this right. In Florida, people who are convicted of felonies will be prohibited from possessing firearms. However, under certain circumstances, it is possible to restore gun rights through the clemency process.

Restoring the right to possess firearms can be a complex legal process that involves strict eligibility criteria and detailed legal procedures. At The Hoffman Firm, our Miami criminal defense lawyer can provide guidance, help clients determine their eligibility, and assist with filing the necessary petitions. Legal representation ensures that all requirements are met and that an applicant will be able to present a strong case.

When Do Criminal Convictions Result in the Loss of Gun Rights?

Convictions that can lead to a loss of firearm rights include:

• Felony Convictions: A person who is convicted of a felony offense in Florida or another state will automatically lose the right to possess a firearm.
• Domestic Violence Misdemeanors: People who are convicted of domestic violence offenses are prohibited from possessing firearms under federal law.
• Certain Drug Convictions: Some drug charges may lead to firearm restrictions, particularly if they involve trafficking offenses.
• Mental Health Adjudications: People who have been involuntarily committed for mental health treatment may face restrictions on firearm ownership.

The loss of firearm rights is not always permanent. Depending on the circumstances of a case, a person may be able to have their rights restored through Florida's clemency process.

Why Restore Firearm Rights?

Many people seek to restore their gun rights for various reasons, including:

• Personal Protection: Restoring firearm rights allows a person to legally own guns for self-defense and home protection.
• Hunting and Recreational Activities: Many people wish to regain the ability to lawfully hunt or participate in shooting sports.
• Employment Opportunities: Some careers, including security positions and law enforcement-related jobs, require a person to legally possess firearms.
• Restoration of Civil Rights: The restoration of gun rights is often an important step in regaining full civil rights after a conviction.

Eligibility Requirements for Restoring Gun Rights in Florida

In Florida, firearm rights are restored through the Clemency Board. The Rules of Executive Clemency set forth strict eligibility criteria, including:

• Completion of Sentence: A person must have completed all terms of their sentence, including probation or parole.
• Outstanding Fines or Restitution: A person cannot owe restitution to any party for previous criminal convictions. They cannot owe any fines for the case that resulted in the loss of gun rights. Any other fines or financial penalties they owe related to criminal or traffic cases must total no more than $1,000.
• No Pending Criminal Charges: The applicant must not have any pending criminal cases.
• Waiting Period: A minimum of eight years must have passed since the completion of the sentence before applying for clemency to restore gun rights.

The Process of Applying for Clemency to Restore Gun Rights

The clemency process in Florida involves several steps:

1. Filing the Clemency Application: A person seeking to restore their firearm rights must submit a detailed application to the Office of Executive Clemency.
2. Providing Supporting Documentation: The applicant must provide records proving they have completed their sentence, including court documents, proof of rehabilitation, and character references.
3. Investigation and Review: The Florida Commission on Offender Review will investigate the applicant's background, reviewing their criminal history and other relevant factors.
4. Clemency Board Hearing: In some cases, the Clemency Board may hold a hearing where the applicant can present their case.
5. Final Decision: The Clemency Board vote on whether to grant the restoration of firearm rights. If approved, the person's gun rights will be restored.

How Our Miami Gun Rights Restoration Lawyer Can Help

Restoring firearm rights in Florida is not automatic, and the Clemency Board carefully evaluates every case. Our lawyer can help clients by:

• Assessing Eligibility: We will review a person's criminal history and determine if they qualify for clemency.
• Preparing a Strong Application: Legal representation ensures that all necessary documents are included in an application, along with compelling evidence of rehabilitation.
• Advocating Before the Clemency Board: If a hearing is required, our lawyer can present arguments on behalf of the client.
• Addressing Legal Issues: If there are concerns regarding past convictions, our attorney can explore additional legal options, such as record sealing or expungement.

Contact Our Miami Gun Rights Restoration Attorney

If you have lost your firearm rights due to a past conviction, you may be eligible to have them restored through the clemency process. At The Hoffman Firm, our lawyer can guide you through the legal requirements, help you submit a compelling application, and represent you before the Clemency Board. Contact our office today at 305-249-0090 to schedule your free consultation and take the first step toward restoring your firearm rights.