Gun Possession After a Felony in Florida
Like other states, in Florida, when someone is convicted of a felony, their civil rights are stripped from them, such as the right to vote, the right to be in public office, the right to sit on a jury, and the right to possess a firearm.
Some states have laws on the books that say that if you’re convicted of a felony, you’re banned from owning a firearm for life, but Florida is more lenient in that regard. If someone is convicted of a felony, they can apply for “clemency,” a process that allows convicted felons to seek to have their civil rights restored.
Clemency in Florida
There are actually several types of clemency in Florida, but the two we are interested are the full pardonand the specific authority to won, possess, or use firearms. With a full pardon, the offender is completely forgiven for their Florida convictions and all of their civil rights are restored, including the right to possess a firearm.
The second type of clemency we’re interested in, specific authority to won, possess, or use firearms restores an applicant’s rights to use, possess, and own firearms, which was taken away because of a felony conviction.
Requirements to restore firearm privileges:
- All conditions and sentences imposed must have been completed at least 8 years prior to the application to restore gun rights.
- There cannot be any pending charges against the offender.
- The offender must now owe any restitution.
- The offender cannot owe more than $1,000 for a criminal or traffic violation.
- The offender has not been convicted of a felony in federal court, military court, or an out-of-state court.
If you are facing felony charges in West Palm Beach, the best way to protect your civil rights, including your right to bear arms is to avoid a conviction in the first place. To explore your legal defenses, contact my firm at (561) 475-2752.