Petition to Remove Firearm Disability in Florida: All You Need to Know!

A petition to remove firearm disability in Florida generally refers to the process of restoring the right to own, possess, or use firearms after a qualifying felony conviction. The Governor and members of the Board of Executive Clemency grant clemency. There are strict rules that must be followed. The Governor also has the sole power to deny clemency.

Common Reasons for Firearm Restrictions

Certain criminal convictions and court orders can result in the loss of firearm rights under Florida law. One of the most common reasons is a felony conviction, which generally prohibits someone from possessing or owning a firearm unless those rights are later restored.

Domestic violence centers throughout the state provided 624,000 nights of shelter to 12,425 survivors and their children, and domestic violence convictions can lead to protective orders and other reasons why someone’s gun rights would be restricted. Violations of orders of protection can also lead to long-term restrictions or a permanent ban on gun rights.

In a state with a violent crime rate of 2.465 per 1,000 residents per year, these laws aim to balance public safety with the rights of Floridians to own or possess firearms. Being unlawfully present in the United States can also lead to firearm restrictions. While not every case qualifies for relief from the Governor, certain cases may qualify under the state’s clemency laws.

Who Is Eligible to Petition for Removal of Firearm Disability in Florida?

Whether you live in East Tampa, Tampa Heights, Channel District, or elsewhere in Florida, you may be eligible for relief from your gun rights restriction. An individual’s eligibility to have their firearm rights restored depends on multiple factors. Someone seeking to restore their gun ownership rights would apply for Specific Authority to Own, Possess, or Use Firearms through the Florida Board of Executive Clemency.

Applicants are generally expected to complete all terms of their sentence, including any period of incarceration, probation, or community supervision, and to demonstrate that they have upheld a law-abiding lifestyle following the conviction. Not every applicant will qualify, and the Clemency Board reviews each request on its own merits. Individuals with out-of-state convictions or federal convictions may have to follow different rules.

Understanding Florida’s Different Types of Clemency

Florida offers several types of executive clemency, with each providing a different type of legal relief. For an individual seeking to regain firearm rights under a Florida felony conviction, the most relevant option is Specific Authority to Own, Possess, or Use Firearms. Applicants generally must wait eight years after completing their sentence before becoming eligible.

A Full Pardon restores all rights of citizenship, including firearm rights, while a Pardon Without Firearm Authority forgives the conviction but does not restore the right to possess firearms. Restoration of Civil Rights may restore the right to serve on a jury or hold public office, but it does not restore firearm rights. Clemencies can also include Commutation of Sentence and Remission of Fines and Forfeitures.

Hire a Gun Crime Lawyer

Florida currently has 355 people out of every 100,000 serving time in jail. With harsh Florida gun laws, owning one could increase your risk of becoming a part of these statistics. Whether you want to restore your right to own a firearm or you have been accused of committing a crime involving a gun, work with an experienced Florida gun crime lawyer.

Hiring a gun crime lawyer provides you with years of experience and understanding of the law. Paul Figueroa Law represents clients who are seeking the restoration of their gun rights. Our founding attorney was raised in Hillsborough County, Florida, and attended local universities. His more than 15 years of practicing law and experienced legal team can provide you with the focused legal support that your case deserves.

FAQs

Can a Felon Restore Gun Rights in Florida?

In some circumstances, a person who lost firearm rights because of a Florida felony conviction may be eligible to apply for Specific Authority to Own, Possess, or Use Firearms through the Florida Board of Executive Clemency. Eligibility depends on certain factors, such as the type of conviction, completion of the sentence, satisfaction of other clemency requirements, and the discretion of the Governor and members of the Board of Executive Clemency

Is Anyone Eligible for Gun Rights Restoration?

Not everyone who applies to have their gun rights restored will ultimately be successful. The Governor and members of the Board of Executive Clemency have discretion to approve or deny an application. Anyone seeking clemency is generally required to wait eight years after serving out their sentence and other requirements before gaining eligibility for gun rights restoration. An attorney can review your case and explain whether you are eligible to apply.

How Hard Is It to Get Your Gun Rights Restored in Florida?

Restoring gun rights in Florida is not a simple process, but it can lead to favorable outcomes. If your gun rights are important to you, then working with an attorney and requesting clemency can potentially lead to the restoration of your right to possess, own, and use firearms. Because the Board of Executive Clemency has discretion to approve or deny applications, it is worth taking the time to learn about the process beforehand.

How Much Does It Cost to Restore Gun Rights in Florida?

There are multiple cost factors for the process of seeking clemency. Beyond filing fees, you may need to pay attorney fees for the legal support you’ll need along the way. Attorneys generally bill by the hour or charge a flat fee. Legal support can help you learn about your eligibility for clemency. An attorney can also carefully document the paperwork, so you stand the strongest chance of securing a favorable outcome to your case.

Florida Gun Crime Lawyer

Pursuing the restoration of gun rights in Florida can be an intimidating experience. With support from Paul Figueroa Law, you benefit from our extensive experience representing thousands of former clients in Florida. Our founding attorney is a former public defender who brings many years of courtroom and trial experience to these matters.

We allocate considerable resources and time to these cases because we understand the importance of restoring your gun rights after a past conviction. Contact our office today to learn how our team can help.