An individual who recently got convicted over the charge of a felony in Florida automatically loses their civil right of firearm possession. Not only firearm rights, but they also lose the right to vote, to run an office, or to serve on a jury. In order to restore your right to own a firearm, you must contact the state and federal ATF.
Understand Federal Law
Now, in order to restore your firearms rights, you must apply to the Bureau of Alcohol, Tobacco and Firearms (BATF). If your rights to buy/have a firearm are affected by the Baker Act, you should have your firearm rights restored by the State.
Read Your State Law
Read the state law of Florida to know if the state allows you to seek a pardon, expungement, or restoration of your civil rights from the governor. You must read into this in detail whether or not you are eligible for the post-conviction relief along with the right to possess a firearm.
Suppose they gave you relief, but there are good chances they still don’t allow you to hold a firearm legally. Under the Firearms Act, you may only be eligible to receive the return of your firearm if the amnesty, revocation, or restoration of civil rights has not prohibited the carrying, possession, or receipt of firearms.
Meet with a Lawyer
There are some complications in this particular area of law, which is why it is important to meet with a lawyer to understand your civil rights. Meet with an attorney who has experience, license, and expertise to assist you in restoring your firearms rights. Furthermore, explain your situation to them and understand the policies of your state and federal law from them.
Apply for an Expungement
An individual must seek post-conviction relief (expungement) before their firearms rights restored. It is an act that seals and closes your conviction records as if they never existed. It has different procedures and requirements for doing this. First, you must qualify for an expungement as per the policy of your relevant state. You can read about it on their official website and see if you actually qualify for that. Secondly, individuals are only eligible to apply for an expungement after a specific period. Until then, they must wait. The more serious your crime is, the more time it’ll take. Lastly, fill out an application or a petition for an expungement.
Gather Supporting Documents
According to your state and federal law, they might ask you to submit a few necessary documents so keep them pre-prepared. Your official arrest/offense reports, for example, and certain other relevant documents. Based on your petition, they will verify and evaluate your case. You also might need an official criminal history statement from the sheriff of the county in which you reside.
Receive a Certificate or Certified Order
If the state and federal law grants you the rights of firearms, you’ll get a certified order certification for that. That certification will declare your firearms rights restored, and now you can possess a gun.
Read Your State Law in Conjunction with ATF Questions
A Baker Act examination does not necessarily mean you were committed.
