Florida is one of the states that permits felons to apply for the restoration of their gun privileges under certain conditions. This process is called clemency. There are two main paths to gun rights restoration in Florida: a complete discharge from any criminal charges or express permission to own, possess, or use firearms.
Federal Felons and Florida Gun Rights
Florida is not friendly to federal felons when it comes to restoring gun rights. Although federal law permits applications for restoration, such as the Clemency forum, it becomes a dead end due to the absence of funding for review by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives). Because state court challenges depend on a federal denial, Florida’s ineligibility for federal felons deprives them of a way to regain their gun rights.
Eligibility for Clemency in Florida
In Florida, to be granted clemency, one must have served his or her felony sentence and probation and must not owe the state of Florida more than $1000. You cannot have outstanding criminal charges or owe any victims money. Last but not least, felony convictions in federal, military, or other states’ courts are grounds for disqualification.
The Clemency Application Process
Florida provides an opportunity to restore the right to own a gun to a felon. However, it is a long and tortuous process. To get a pardon in Florida for the right to bear arms, you must appeal to the Florida Office of Executive Clemency.
The application contains copies of the certified court records of felony or misdemeanor convictions. However, although they are not mandatory, it is advisable to include character references, letters of support, and a personal statement.
After review, you may be given a hearing or screening. If you meet the requirements, an investigator might be assigned to your case. A favorable recommendation results in the return of the right to bear arms. A negative recommendation means one can reapply in two years.
How Long Does It Take?
The time taken to get a restoration of the Florida gun rights through clemency depends on the following: the completeness of the application, the criminal records, and the nature of the felony commited. The review process by the Florida Office of Executive Clemency usually takes several months. Approval issues you a gun rights restoration certificate. If the application is rejected, one can reapply after two years.
Additional Considerations
If you are lucky enough to be given a pardon. You may still be unable to buy a firearm from a licensed dealer for three years. This waiting period is another federal requirement that has to be met. The procedure of restoring the right to keep and bear arms in Florida can be rather convoluted. In this case, it is recommended that one seek legal advice from a lawyer who specializes in Florida clemency law to determine the chances of success.
Unsure About Florida’s Gun Rights Restoration Process?
Regaining gun rights after a felony conviction can be complex. The information above provides a starting point. However, navigating the legalities is best done with an experienced attorney. Talmadge Law Firm specializes in clemency cases and can guide you through every step of Florida’s gun rights restoration process. So, what are you waiting for? Contact them today for a consultation?
