In Florida, new gun legislation has given police the ability to remove guns from any civilian they perceive as a threat to the community. The new gun restrictions have made it challenging for those with criminal or felony records to restore their gun rights. The first step to restoring your gun rights is filing for a clemency application. However, this is a tedious, timely process. With the help of a skilled gun rights restoration lawyer, you can successfully navigate the application process and potentially regain your legal right to own a gun.
In Florida, convicted felons are legally prohibited from possessing or using a gun. Your right to own a gun falls under the umbrella of civil rights. Most felony convictions are accompanied by the loss of basic civil rights, including:
Convicted felons are not the only people who can lose their legal right to own a gun. If you are found guilty of committing any kind of domestic violence crime—even if it’s a misdemeanor—you will lose your gun rights under federal law. Additionally, people who have been served domestic violence restraining orders are legally prohibited from being gun owners.
In Florida, reinstating your gun rights with a criminal or felony record requires clemency or a pardon. In order to have your gun rights restored, you will have to file a petition with the Florida Office of Executive Clemency. Clemency is typically only granted if applicants meet the following conditions:
The path to getting clemency is a long, complicated process. In many cases, it takes several years for the Clemency Board to reach a decision on an application. Working with a criminal defense lawyer is the best way to expedite the application process and ensure timely restoration of your rights.
If you are a Florida resident but your felony or criminal conviction occurred in a different state, then you must apply to have your gun rights restored in the state where your conviction occurred. While your felony or criminal conviction might have occurred in a different state, Florida still recognizes and enforces the charges in their own civil system. Once the state where your offense occurred restores your rights, Florida will restore your gun rights.
While the passage of new gun legislation is making it increasingly challenging for Florida residents with a criminal record to restore their gun rights, there are still effective avenues you can take to regain your civil rights. At Fighter Law, our attorneys are well versed in the clemency application process. We know effective strategies for a smooth and efficient application process. Our team of skilled attorneys sincerely care about our clients and are passionate about fighting for their rights. To schedule a consultation with one of our experienced lawyers, call today at 407-FIGHTER (344-4837) or fill out our online contact form.
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