Restoring Gun Rights
Understanding how to protect and restore your gun rights in Florida is becoming increasingly important in light of current events. Since the passage of new gun restrictions, police have the authority to petition to remove the guns of any citizen they deem a threat to the community. An increasing number of law-abiding gun owners are losing their guns under the new laws.
The focus on gun control has also made it less likely that those who have had their right to own a gun forfeited because of a criminal conviction will have their civil rights restored. If you have had your gun rights taken away because you were convicted of a felony or misdemeanor crime of domestic violence, you may have only one opportunity to get them back. Restoring your civil rights is a long, winding process that begins with filing a petition for rights restoration with the Office of Executive Clemency. Trust a West Palm Beach criminal lawyer like Brian Gabriel to help you make the best out of this opportunity.
How Can I Lose My Civil Rights?
Those who have been found guilty or convicted of felony offenses in Florida stand to lose their civil rights. These rights include:
- The right to vote
- The right to hold public office
- The right to serve on a jury
- The right to possess, use, and/or own a firearm
Aside from losing basic rights, a convicted felon may also be ineligible to acquire certain professional or occupational licenses. While it may help to have your record sealed to minimize the long-term effects of a criminal conviction, this action alone will not lead to the restoration of your rights.
Anyone who is found guilty of committing a domestic violence crime, even a misdemeanor domestic violence crime, will also lose their gun rights under federal law as will those who are the subject of a restraining order for domestic abuse.
How to Regain Firearm Rights in Florida
Regaining your Second Amendment rights in Florida requires an application. A person must meet the following requirements:
- You must have completed all sentences imposed and all conditions of probation for at least 8 years.
- You must not have any outstanding penalties or liabilities which total more than $1,000 that result from any criminal conviction or traffic infraction.
- You may not have any outstanding victim restitution, including, but not limited to, restitution pursuant to a court order or civil judgment or obligations.
Those who were convicted in a federal, military, or out-of-state court are not eligible to apply for clemency in Florida.
Out-of-State Felony Convictions and Gun Rights
Any person presently living in Florida who has a felony conviction from another state must apply to have his guns restored in that state. The state of Florida cannot restore what it did not take away. Once the other state restores your rights, Florida will recognize the restoration of your gun rights under the Full Faith and Credit Clause of the U.S. Constitution.
It may take several years for your application to be decided by the Clemency Board. Don’t risk the opportunity to regain your rights; contact a gun rights lawyer in West Palm Beach to help you with the application and filing process.
Contact Brian Gabriel at The Law Office of Gabriel & Gabriel to learn more about restoring your gun rights in Florida. Call 561-622-5575 for a free consultation.