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.
No, the exact disposition of your case does not matter. We can apply for the restoration regardless of whether you pled guilty or no contest.
We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.
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 the following reasons: (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 several years and it is at the discretion of the Clemency Board as to when they will restore your firearm rights.
We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.
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.
We are unable to offer a money-back guarantee, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money-back guarantee.
No. Applying for a firearm rights restoration only restores firearm rights that you may have 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)
When you restore your firearm rights, the restoration has no effect on the conviction itself. The conviction does not go away, nor is the conviction "sealed" or “expunged.”
Yes. The conviction still remains even if your firearm rights have been restored.
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.
In Florida, you may serve on a jury if you: 1) are a United States citizen, 2) are a legal resident of Florida, 3) are a legal resident in the county in which the court resides, 4) are at least eighteen years of age, 5) and are an owner of a valid Florida driver’s license or Florida identification card. Title V, Chapter 40.01
In addition, you must not be under prosecution for any crime, and you may not be convicted in this state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that, had the crime been committed in the state, would be a felony. If you have had your civil rights restored to you, then you may serve on a jury. Title V, Chapter 40.013