For many individuals convicted of a felony in Florida, one of the harshest long-term consequences is the loss of civil rights, including the right to own and possess firearms. While a felony conviction leads to an automatic revocation of these rights, it is possible, under certain circumstances, to have your gun rights restored.
Loss of Gun Rights Following a Felony Conviction
In Florida, individuals convicted of a felony automatically lose their right to possess or own firearms under both state and federal law. This loss of gun rights applies to any firearm, including handguns, rifles, and shotguns. Attempting to purchase or possess a firearm as a convicted felon can lead to further legal consequences, including new criminal charges, imprisonment, and fines.
Can Gun Rights Be Restored After a Felony Conviction?
Yes, but the process is complex and requires patience. In Florida, the restoration of firearm rights for convicted felons is typically granted through a petition process.
The State Clemency Process is the primary route for restoring firearm rights in Florida. This allows felons to request a pardon or restoration of civil rights, including the right to possess firearms.
- Restoration of Civil Rights (RCR): For many felons, having their civil rights restored is a necessary first step in restoring gun rights. The restoration of civil rights includes the right to vote, serve on a jury, and hold public office. While the restoration of civil rights does not automatically restore gun rights, it opens the door for a specific request to restore firearm rights.
- Application for Firearm Authority: Once a felon’s civil rights are restored, they may separately apply for the restoration of firearm rights. However, this is not guaranteed and is subject to approval by the Florida Office of Executive Clemency.
A full pardon from the state can restore both civil rights and the right to own firearms. A pardon is a form of clemency that forgives the conviction itself, effectively wiping it from the individual’s criminal record. Once a pardon is granted, the person’s firearm rights are generally restored.
Eligibility Requirements for Restoration
Several factors affect whether a convicted felon is eligible to have their gun rights restored. These include:
- Type of Conviction: Certain felonies, particularly violent offenses or crimes involving firearms, can make it more difficult (or impossible) to restore gun rights.
- Waiting Period: Florida requires a minimum waiting period of eight years after the completion of a sentence, including probation or parole, before a felon can apply for restoration of civil rights or firearm rights.
- Conduct Since Conviction: The clemency board will review the individual’s behavior and conduct since their conviction, including any subsequent arrests or legal violations. A clean record and demonstrated rehabilitation are critical factors.
- No Pending Charges: Applicants must not have any pending criminal charges when applying for restoration of their rights.
The Application Process
The process of restoring gun rights through clemency in Florida can be lengthy and requires careful attention to detail. Here’s a brief outline of the steps involved:
- Submit a Clemency Application: The applicant must complete and submit a clemency application to the Office of Executive Clemency. The form includes information about the conviction, the sentence, and any post-sentence conduct.
- Investigative Process: Once the application is submitted, the Florida Parole Commission conducts an investigation into the applicant’s criminal history and current status.
- Clemency Board Review: The Florida Executive Clemency Board, which includes the Governor and members of the Cabinet, reviews the application. The board will evaluate the case and may require an in-person hearing before deciding.
- Decision: If the board approves the application, the individual’s firearm rights will be restored. If denied, the applicant may reapply after a specified period or seek legal advice on alternative options.
Federal Restrictions on Gun Rights
It’s essential to understand that even if Florida restores your firearm rights, federal law may still restrict your ability to own or possess a firearm. Under federal law (18 U.S.C. § 922), convicted felons are prohibited from owning firearms. However, if a state fully restores a felon’s civil rights (including gun rights), the federal prohibition may not apply. This issue can be complex, and it is critical to seek legal advice on how federal law interacts with state restoration.
Importance of Legal Representation
Navigating the legal process of restoring gun rights in Florida can be challenging without experienced legal guidance. A criminal defense attorney can assist in preparing a clemency application, gathering supporting evidence, and advocating on your behalf before the clemency board. Having legal counsel is crucial in ensuring that your rights are fully restored and that you avoid any pitfalls in the process.
If you or someone you know is seeking the restoration of gun rights in Florida, contact us today. We are dedicated to providing comprehensive legal representation to help you restore your rights and move forward with your life.
Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?
If you've recently found yourself in need of an experienced federal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.
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