This page was designed to help our clients better understand our Florida gun rights restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to see its answer:
The right to own, possess, or use firearms requires an application and you must meet the following requirements: (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release, for a period of no less than 8 years; (2) you do not have any outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction; (3) you do not have any outstanding victim restitution, including, but not limited to, restitution pursuant to a court order or civil judgment or obligations. (Rule 5D of Executive Clemency of Florida).
If you were convicted in a federal, military, or out-of-state court, you are not eligible to apply. (Rule 5D of Executive Clemency of Florida).
No. On March 9, 2011, Governor Rick Scott and the Board of Executive Clemency approved new clemency rules removing the time period waivers.
There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of a misdemeanor for domestic violence as defined by the federal law. The federal definition is different from Florida’s definition. If you would like us to evaluate your case to determine if the federal ban will apply against you, then we can do so for a small researching fee, which will be applied to the cost of the firearm rights restoration if you move forward with the service after the evaluation.
If you have multiple felony convictions, the eight (8) year waiting period begins after you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release. (Rule 5D of Executive Clemency of Florida).
Cases are denied for different reasons, including: (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) you still owe fines or restitution, (4) the waiting period has not passed, or (5) you are otherwise not eligible to apply.
No. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal record under Florida law, regardless of whether their firearm rights have been restored.
No. There is no court involvement in an application to restore your firearm right(s).
The process can take many years and it is at the discretion of the Clemency Board as to when they will restore your firearm rights. As of September of 2014, the Board is reviewing applications filed in 2005.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. That can include refiling or recommending that you wait longer to refile.
No. A Florida firearm rights restoration only restores firearm rights that have been lost because of a conviction. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their firearm rights have been restored. (Rule 5D of Executive Clemency of Florida, F.S. 943.0585 and 943.059)
The firearm rights restoration has no effect on the conviction itself. The conviction can still be used against you for a future case and the conviction is not "sealed" or “expunged.”
Yes. After the gun rights restoration is granted, the conviction will still remain on your record and you will still have to disclose it.
Restoring your firearm right(s) has no effect on restoration of your civil rights. To determine eligibility for restoration of your civil rights, please see the section on Civil Rights Restoration.
Restoring your firearm rights has no effect on the conviction itself.