Gun Rights Restoration FAQs

Q: How do I restore my gun rights?

A: If you are a felon or have plead guilty to or been convicted of a misdemeanor crime of domestic violence you may have had your firearm rights taken away. There is a process by which your gun rights can be restored. If eight or more years have elapsed since your sentence or probation have ended, and you have paid all court ordered restitution and costs, you can apply for Executive Clemency. We obtain the necessary court records, preform a background check and complete a unique comprehensive application package and submit it to the Office of Executive Clemency.

Q: What if adjudication was withheld on my charge?

A: If adjudication was withheld, then you are prohibited from purchasing a firearm from a federally licensed dealer for three years. You do not have to apply for executive clemency because you were not adjudicated guilty.

Q: I now live in Florida but was convicted in another state, what do I need to do?

A: If your gun rights were taken away in another state you are going to have to have them restored in that state. Florida cannot restore what it did not take away. Once your rights are restored in the prohibiting state, under the Full Faith and Credit Clause of the U.S. Constitution, Florida will recognize the restoration of your rights.

Q: I was convicted of a FEDERAL felony; can my gun rights be restored?

A: Unfortunately, short of a presidential pardon, no. Congress refuses to provide the funds necessary to conduct the background checks for persons convicted in federal court to have their gun rights restored. Congress’ refusal was challenged all the way to the U.S. Supreme Court and the Court ruled that Congress does not have to provide the funding.

 

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