You have to submit what is called a clemency application to have your gun rights restored in Florida. If you have lost your right to carry or possess a gun due to a criminal record, it is possible to get these rights restored so you can carry again and legally go to a gun range. The process in Florida is through the Office of Executive Clemency and that is where you apply to restore your civil rights. This page is designed to provide you with clear and concise information on how to restore your gun rights in Florida. Below are some frequently asked questions about guns rights restoration in Florida.
In Florida, Clemency can be obtained under the “Specific Authority to Own, Possess or Use Firearms section of Executive Clemency.” This process allows those who have been previously convicted of a felony or certain other crimes to have their gun rights restored. The process can really be broken down into two or three major steps depending on your individual background. Every person has to go through the first two steps, but occasionally a certain background or circumstance may require that third step.
The first step in this process is making sure that you are eligible to have your gun rights restored. The office of Executive Clemency has set out several rules which a person must have completed or followed in order to meet the requirements to be eligible to restore their gun rights.
The second step in the process comes if you are eligible. Once it has been determined that you are eligible for the second step this step requires an application to the Clemency Board and Governor of Florida as well as pertinent character information to show the Clemency Board why you are deserving of having your gun rights restored.
And lastly, the occasional third step is a formal investigation by Florida Commission on Offender Review and then based on the outcome of the investigation a possible hearing in front of the Clemency Board. This step can often be avoided if a through step one and two are completed and are legally sufficient.
No. Having an attorney can help the process go faster and smoother and take some of the burden off of you. However, you can do all the paperwork on your own.
If you were convicted of a felony in a state other than Florida, you must seek clemency in that state and have your gun rights restored in that state. Once they have been restored in the other state you can apply for a firearm license or purchase a firearm in Florida. If you have a prior felony conviction at the federal level you must have a Presidential Pardon or a Relief of Disability from the Bureau of Alcohol, Tobacco and Firearms granted in order to restore your gun rights.
While we cannot provide an exhaustive list or guarantee any outcomes there are certain charges a person could have in their past that permanently excludes them from ever obtaining a restoration of their gun rights. The process for restoration also differs if your gun rights were taken for mental incapacity and restoration for gun rights for mental health reasons requires a petition to be filed in the court which took your rights and a hearing to determine that your mental state has been rehabilitated.
You do not have to have a lawyer to complete this process, however, it may benefit you greatly to do so. This is a very intensive process, that requires several background investigations, interpretations of rules, statues, and procedures. It can become very confusing and overwhelming. Furthermore, a lawyer can help you avoid costly mistakes to either step one or step two of the process which could lose your spot in line if you are denied, or could end up costing you more time and money by your application being sent through the step three process.
Very good with the right circumstances and taking the proper steps. Florida wants to encourage safe and legal gun ownership and possession. If it’s possible for you to get your gun rights back we will fight for you because we care.
The timeline is different for everyone. If you are eligible in Florida to apply for clemency, then your timeline will significantly less. Call us for an assessment of your timeline.
Yes. We are gun rights restoration lawyers and it would be our honor to help you with the safe and lawful possession of your guns.
For Clemency applications under the Specific Authority to Own, Possess, or Use Firearms there is a required investigation that will be conducted which will include a personal interview. The investigator assigned to the file may also speak with speak with the people that have character or reference letters for you, current or past employers, and any other persons who may be able to provide information that could help with the investigation in relation to the applicant’s request for clemency.
The first step is to find out why it was denied, then go from there. After that determination any person whether you have been granted some other form of clemency or restoration of rights, or you have been denied any form of clemency or restoration of rights, must wait a full two (2) years from that grant or denial to reapply.
Yes, the process for restoration of gun rights for mental health reasons is a different process. This process requires that a petition be filed in the same county and division in which the original mental health order that took your rights was filed. Once this petition is filed there will be a hearing to determine whether your gun rights should ultimately be restored or not. The court will consider evidence from your attorney to prove that you are not at risk to be a danger to the public and that restoring your gun rights would not go against the public interest.
If your petition is granted the court will send notice to the Department of Agriculture and your mental health hold/record will be deleted from the system and you will be able to apply for and receive a concealed weapons license and purchase a firearm.
If your petition is denied you must wait one (1) year before you can file another petition, or you can appeal the decision to the DCA.
The Office of Executive Clemency
Florida Commission on Offender Review
4070 Esplanade Way
Tallahassee, FL 32399-2450
Toll Free: 1-800-435-8286
Phone: (850) 488-2952
Fax: (850) 488-0695
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