Florida Gun Rights Restoration FAQFrequently Asked Questions


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.

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Topic: Florida Gun Rights Restoration FAQ
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Garry
15th January 2016 8:28pm
I applied for a CCW in Florida where I am a resident.I received a "Notice of suspension" while they look into it further - but the reason given is because in 1975 I had a misdemeanor marijuana possession. The only other issue is I had a DUI back in 1977 that they didn't mention. Nothing since. Is this going to keep me from getting my CCW?
Admin:
Because your controlled substances conviction was a misdemeanor and was not within the last 3 years, it may not keep you from getting your CCW issued. There are prohibitions based on controlled substances but they typically have a three year impact.  Please let us know if you have any additional questions or your permit is denied. Thank you.
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H
13th January 2016 8:35pm
As a minor I was arrested for domestic violence. There weren't any charges filed and I was released to YCC to be picked up by my parents. Will this cause a problem when I apply for my CCW?
Admin:
Without more information, we cannot accurately tell you if you will be granted a CCW. The best advice is to review the CCW application and criteria for the permit and answer everything truthfully. If you are unsure about what is on your record, you can hire an attorney to review those records for you so you can honestly fill out the application. Please contact our office if you would like us to research this for you.
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Wilfredo
29th December 2015 12:32am
I was convincted in 1999 of PWID in Pennsylvania. And in 2005 in Florida. I have since stayed out of trouble, I have a union job and own a home in Pennsylvania, should I get a restoration in Florida as well as Pennsylvania?
Admin:
Given that you have convictions in two states, we would need more information regarding the level of offenses and what is on your criminal record to determine if a PA restoration and/or a Florida restoration would fully restore your rights.  If you have a felony conviction in PA, the restoration process is not enough to lift the federal ban; you would need a PA Pardon.  We can do a full case evaluation for a small fee, which would then be applied to whichever services you decide to sign up for with our office.
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wyatt
1st December 2015 7:28am
Can I obtain a G license and or Concealed Weapons license if I have 3 misdemeanor and one felony but no conviction for any of my four charges?
Admin:
WIthout knowing more about your cases, such as the dates, charges, and the exact disposition (withheld adjudication or straight dismissal) we cannot say whether you are currently able to purchase a gun or obtain a concealed carry license. If you would like us to review your record and determine your current ability to purchase and possess a firearm, please contact us.
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Robert R.
6th November 2015 4:48pm
Got a felony in Tennessee back in 1999 or 2000. Can I get my gun rights back in Florida?
Admin:
No, you cannot apply for a Florida restoration for an out-of-state conviction.
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Anthony G.
20th October 2015 7:44pm
What is the average length of time it takes to get the clemency board to hear your application? They received my paperwork in 2008 and I still haven't received an answer? What is the average length of time for them to hear a case? I have been eligible since 2005 on 1993 convictions. This is outrageous. Does living out of state hinder right restoration. I left in 2008 and don't plan on going back either partly because of this nonsense. Florida doesn't like the U.S.Constitution.
Admin:
Unfortunately, as you have experienced, the Clemency Board takes an extremely long time to decide on these applications. We have recently heard of time frames around 9 years. I am not aware that there is a difference in the processing time for those appliants living out of state vs. living in state. I hope you hear back from them soon with the results you are seeking. Good luck.
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Melissa
17th October 2015 5:51pm
I had multiple felony possessions of controlled substances out of California, only personal use.  Am I able to own a gun now that I'm in Florida?
Admin:
No, unfortunately a felony conviction prohibits you from possessing a firearm. You are not able to apply for a FL restoration because the convictions did not occur in Florida. You would have to evaluate your options under CA law, such as a felony reduction or a pardon from the Governor.  Please contact our office by phone if you have any additional questions or wish to have us evaluate your cases and your options.
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Alex
1st October 2015 9:07pm
If I own a gun and I got arrested for 3 felonies can I sell my gun or give it to a relative before I lose it?
Admin:
You should be able to dispose of your gun either by selling it or giving it as a gift to a relative. However, I would advise checking with your attorney and/or local law enforcement first to ensure everything is handled properly. One issue is ensuring that if/once you are convicted, you need to make sure they don't consider you to still be in "constructive possession" of the firearm, such as if a family member is holding it for you and could give you access to it. Firearm laws are very complicated so confirming with the attorney handling your case and local law enforcement is advised to ensure they are aware you currently have a firearm and to make sure you dispose of it properly.
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Matthew W.
26th September 2015 4:13pm
I have a domestic assault on a family member misdemeanor from 2007 in Virginia. Am I eligible to have my guns rights restored. This happened when I was in the Navy and stationed in Virginia.
Admin:
You cannot apply for a Florida firearm restoration through the FL Clemency Board to restore rights lost due to an out-of-state or Felony conviction.
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Juan C.
24th September 2015 7:33pm
In 2002 I went through a bad period where I got divorced, unemployment and I was using cocaine my brother Baker acted me but 3 days later he cancelled it and I have been off drugs. This is preventing me from purchasing a handgun because it is in the NICS system. What do I need to do to clear this it is not even a crime.
Admin:
If you were Baker Acted in Florida, there is a way to petition the court that oversaw the initial adjudication or commitment. The court may restore your firearm rights if the judge determines that you "will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest."  The State Attorney will be able to oppose the motion and present evidence against you and you can present evidence as well.  If the petition is denied there is a 1 year waiting period before you can reapply. The provision allowing for this restoration is found in Florida Statutes 790.065(2)(a)4.d. 
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JC
25th September 2015 10:56am
Can you help me restore my rights and help me file the petition.
Admin:
Unfortunately, we cannot handle your mental health firearm restoration petition at this time. You can contact a local attorney in your area who handles firearm rights restorations. Alternatively you can contact the Florida Bar Lawyer Referral Service.
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Detrick H.
23rd September 2015 4:47am
If I have a criminal background in Florida and move to Georgia will I be able to get my gun license?
Admin:
The same Federal laws will apply and you will need to review the Georgia laws on firearm purchase/possession to determine if you can legally own or possess a firearm in that jurisdiction.  Determining firearm rights across multiple states can get very complex and confusing.  If you are interested in having us review your record, please contact us.
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Kory
18th September 2015 9:40am
I was convicted of 2 counts of drug trafficking cocaine back in 2006. Now I am 31, have my first daughter, run my own buisness, and have a family to protect. Am I allowed to bear arms?
Admin:
Please contact our office if you are interested in us conducting a thorough firearm rights evaluation for you.  If you were convicted of a felony, you lost your rights and you would need to apply for them to be restored.  Based on the date of the conviction, you should be able to petition for the restoration already or soon.  Contact us to dicuss your specific case further.  Thank you.
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Azize
1st September 2015 7:38pm
I got A DUI in 2006 and it was a felony in Jacksonville, Florida wanted to know can I get a gun license?
Admin:
If you have a felony conviction, you are prohibited from purchasing or possessing a firearm.  You would need to petition to get your firearm rights restored. Please take our online eligibility test to determine if you are eligible at this time or contact our office.
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Michael
31st August 2015 12:15pm
I have had a DWI which resulted in being a felony in the state of NY. It was in October of 2000. Will I still be eligible to get my civil rights restored and be able to obtain a firearm?
Admin:
You cannot apply for a restoration in Florida if you lost your rights due to a conviction in another state.  
You would need to first get NY to restore your firearm rights. The other issue also be to ensure Florida will honor the restoration in NY.  While NY offers Certificates that may lift a NY statutory ban, that will likely not be sufficient (honored by the feds or Florida). Your only option is likely to apply for a pardon in NY. If you would like for us to review your case documents and the laws of all the relevant jurisdictions, NY, FL and Federal, please contact our office.
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Charles
18th August 2015 12:25pm
I got arrested for resisting with violence and got early termination after a year and a half. Can I purchase a gun and can I get a concealed weapons permit? I'm in the state of Florida.
Admin:
Resisting arrest with violence is typically graded as a felony in Florida. It is unclear if you received deferred adjudication or were convicted with a normal probation sentence, but a felony conviction will prevent you from purchasing or possessing a firearm under both Federal and Florida law.  You would need to wait 8 years and apply for a restoration. Please take our eligibility test or contact our office for more information or to see if you ar eligible for any of our services currently.
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Alexander S.
10th August 2015 6:27pm
I became a felon only because having more than 3 conviction of driving while license suspended (DWLS), since then I have had a hardship license. In 2012 had send a letter to Tallahassee to see about getting my guns right back and they reply by telling me I had to wait until that conviction was done on May 16 2015. Also that same day I got my regular driving license without any restrictions. I just don't know now what to do next, thanks in advance for any information that can help me.
Admin:
Unfortunately, if you were convicted of a felony offense, you must wait 8 years and apply to the Clemency Board to restore your firearm rights.  A felony conviction would prevent you from possessing a firearm under federal and state law. I am not sure who you had contacted in 2012 or what information they had been provided. If you would like us to review your case documents and determine exactly what is on your record and what your options may be, we would be happy to help you ensure you get your rights restored as fully as possible as soon as possible.
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Jason P.
7th August 2015 12:46pm
I have never owned a gun and never filed to get a gun I was arrested in 2000 for a domestic violence and in 2013 was arrested and convicted of resisting arrest with violence and assault and battery on a law enforcement officer. Is there any way that I can still legally own a gun in the state of Florida?
Admin:
The requirements and eligibilty for being able to purchase a firearm in Florida can be found on the FDLE website here: FDLE Firearm Eligibility and Requirements.

It sounds as though your second case (conviction) may have been a felony which would prohibit you under both Florida and Federal law.  Please review the information on the website and if you have any questions, we would be happy to do a firearm rights evaluation for you to determine the status of your gun rights for a small fee.  Contact our office if you are interested in signing up for that.  Thank you. 
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Brandi
1st August 2015 10:08am
I was arrested for possession of a narcotic in 2001 in Florida. I spent 1 year on probation. My record was sealed and my record is clean since. Does this disqualify me for gun ownership. How do I find out if I am able to purchase a hand gun?
Admin:
You can review the information on the eligibility to purchase a firearm in Florida on the FDLE webite by clicking here.  If your conviction was a misdmeanor, that case alone is not likely to be prohibiting. If you have any additional questions after reviewing the eligibility criteria, please let us know. Thank you.
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Rich
24th July 2015 11:05pm
I was convicted with Felony in Florida I been out 4 years I plan on moving to Texas once I become a resident there could I buy a gun or do I still have to wait 8 years?
Admin:
Because you have a felony conviction, you are prohibited from possessing a firearm under federal law in addition to state law. You will need to wait the 8 years in order to get the right restored from the state that took it away in the first place. You also will need to ensure that Texas will honor that restoration if you are still living in Texas at the time you apply.
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Richard M.
15th July 2015 4:39am
I was arrested with a very small amount of coke about 22 years ago. Charged with a felony. Could I expedite this process. My life changed for the better after that. I would like to be able to hunt with my son. Thank you.
Admin:
Unforunately, we cannot expedite the process through the Clemency Board.  While, we can work to get your application filed as quickly as possible, the review process through them will still be lengthy and they work on a first-in, first-out basis.
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Janice
5th July 2015 8:49pm
I was convicted 30 years ago for a worthless check. I have had my voting rights restored, can I get my firearm rights restored also? And how long does that take?
Admin:
The process to restore your firearm rights in Florida is a fairly lengthy process; it can take several years dpending on how backed up the Clemency Board is at the time your application gets filed.  Because your case was so long ago, it is most likely that you are eligible to apply at this time but please take our Eligibility Test to ensure you satisfy all their requirements.  Thank you.
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Charles M.
2nd July 2015 2:02pm
I was released from prison 10 years. My civil rights have been restored 8 years ago. My charge was trafficking stolen property, I now live in Virginia. Can I get a fire arms permit? My crime was in Florida.
Admin:
I would recommend you contact our office to discuss your situation in more detail and have us conduct a thorough firearm rights evaluation for you.  Because the laws of two states and federal law are implicated in this, it is very important that the interplay between the laws is evaluated, such as whether VA would honor a FL restoration or if you would be able to apply for a restoration in VA.
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Robert Hagan
13th June 2015 7:04am
I was released from prison in 2012 for a possession of Marijuana. This is the only felony on my record. Is this considered part of the 8 years? So would I have to wait until 2020? If this is not the case I will definitely be calling to get this started.
Admin:
The 8 year waiting period starts to run at the time you were released. So yes, you would be eligible to apply in 2020 if you were released from prison in 2012. However, the same rule applies if you had any supervision (parole) following your release, the waiting period in that case starts at the end of supervision.
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Scott Fisher
15th May 2015 8:55am
My case was ended with "Result: Withhold of Adjudication"
From my understanding if I seal my record I can apply to have my gun rights reinstated. Is my wait time going to be the same for a sealed record as opposed to waiting the 8 years then more for review? Or does the Clemency Board still have to be involved in this case?
Admin:
If you are eligible for a sealing, then you most likely are not prohibited from owning a firearm.  One exception to this is if your offense involved domestic violence, in which case there is a 3 year waiting period after the sentence is completed. Please take our eligibility test to see if your case is eligible to be sealed or expunged and then review the pages on those services to see additional information on the benefits of a sealing or expungement.
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Damien M
8th May 2015 9:18am
17 years ago I was convicted of a felony theft charge in Alaska. I received a sentence of 18 months suspended imposition of sentence which was served with no problems and have never been in any trouble since. I currently live in Florida and would like to have my rights restored to own a firearm. Is this possible and how difficult is the process?
Admin:
You are not eligible to apply for a gun rights restoration in Florida to restore rights that were lost due to an out-of-state conviction.  You should contact an attorney in Alaska to determine if you are eligible to expunge your felony or otherwise restore your rights in Alaska.
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Matt
2nd March 2015 11:42pm
If I was convicted of drug trafficking, can I ever get my right back to own a gun in Florida?
Admin:
Please take our eligibility test to see if you are eligible to get your firearm rights restored.  Generally, you would be eligible to apply 8 years after you've been released from supervision.  There is no guarantee the relief would be granted but there's nothing specific to your charges that prevents you from seeking the relief.
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Leon L.
21st February 2015 3:08am
I was charged for domestic violence (misdemeanor case) in 2008. Of course it was dropped after the court case.
Also in 1991 I had a drug felony possession (small amount, most likely the smallest felony charge) charge. After the court case, the adjudication was withheld. Am I eligible to own a gun?  Also sometime before that. I was charged with a misdemeanor drug possession. Also in that instance, the adjudication was withheld.
Admin:
Unfortunately, federal law treats a case in which adjudication was withheld the same as a conviction.  So for the purposes of federal firearm laws, your 1991 felony drug case is a conviction and most likely still prohibits you from possessing a firearm. If your case in 2008 was dismissed, you may be eligible to apply for a firearm rights restoration in Florida given that so much time has passed since your withheld adjudication cases.  Additionally, you may be eligble to have one of those cases sealed. Please take the eligibility test or contact us to discuss your cases in more detail.
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Jason
17th February 2015 7:58am
I have a felony conviction in Ohio that is in the process of getting expunged. If it gets expunged, would I be able to purchase a firearm in Florida?
Admin:
Probably not. An Ohio record sealing does not restore firearm rights in Ohio, so Florida would most likely not allow you to purchase a firearm. We can do a more in depth analysis of your firearm rights and what your options are given the fact that two states are involved. Please contact us if you are interested in signing up for such an analysis.
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William J.
11th February 2015 1:38pm
Hi, I was found incompetent by the VA during a Comp and Pen Hearing when I lived in New Mexico, not due to mental problems but due to me answering a question about who handles the finances and I said my wife because she was better at it. I have since been found competent by the VA but the ATF says I am Baker Acted. How do I fix this problem?
Admin:
There could be a variety of things causing your continued problems with this.  First, Florida has a state version of Baker Act which requires 5 years to pass after the removal of incapacity from your record.  Additionally, it may just be that the VA changed your status back to competent but did not specifically notify the DOJ and/or NICS (who handles firearm issues) that your gun rights should be restored.  You should carefully review the documentation you received from the ATF or have an attorney do so and you may want to contact the VA again to ensure on their end, they did everything they needed to in order to restore your rights.
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rebelangel1921
9th February 2015 5:56pm
I was convicted of a 2nd degree felony for fleeing and attempting to elude in 2006 and got off probation in 2009.  A year later I got my  voting rights back. I have not been in trouble at all. Would I have a chance of getting my gun rights back before the 8 years is up?
Admin:
Unfortunately, you must satisfy the waiting period before you can apply for a firearm restoration.  The first step the Office of Executive Clemency takes when it receives an application is screening it for eligibility regarding the required time frames.  If the waiting period is not met, the application is not even looked at further.
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Ben
7th February 2015 2:09pm
I was convicted of a drug felony in FL. If I have my gun rights restored in FL does that allow me to own, possess, use a firearm in GA where I currently live?
Admin:
Analyzing firearm rights issues across states is a complicated area of law. Each state's laws are different and states are not required to honor a restoration granted by another state. You should contact an attorney who handles firearm rights issues in Georgia to determine the best way to restore your rights in the state where you currently reside.
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Christopher
23rd January 2015 2:25pm
Does it really take a decade to get your rights restored in Florida? If in September 2014 they are reviewing cases for 2005 then that would be a DECADE. Is that correct?
Admin:
We get conflicting information.  Here is what we know for certain, we have clients who submitted applications more than 3 years ago who have not had a hearing or response yet.  It is very frustrating.
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Scott
7th January 2015 7:09pm
I was convicted of a felony in New York in 2000 and it has been 6 years since my parole ended.
Are those guideline requirements for eligibility the same since my felony was out of state?
Admin:
You are not eligible to apply undef Florida law as you conviciton is a state other than Florida.
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J A Jackson
5th January 2015 9:38pm
In February it will have been 10 years since my conviction. How can I contact you about getting my rights back? I think I fit the citieria for restoring my rights.
Admin:
You can call us at the number above.  We would be glad to help you.
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tim
4th January 2015 11:21am
If I had a felony for drug sale in 2003 can I get my gun rights back? I recently had someone trying to break into my house and I don't feel safe without a gun. I need to know what I have to do to get my gun rights back. I have had no arrests or records since the felony charge and have worked for one of the biggest corporations in the world for over 10 years.
Admin:
You are eligible to apply.  However, you may want to invest in a good alarm system first, as the process to get your firearm rights restored takes several years.  We would be glad to help you with the process (firearm restoration, not alarm purchase).
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Don Roberts
24th December 2014 1:36pm
In 2005 I was arrested for a DWI in Florida, which was 3rd offense within 10 years, so it became a felony. I plead guilty in 2007 and completed my probation in 2010. It was my only felony. Since then, I have moved to New York and gone to school for counseling for drugs and alcohol. I am in process of receiving an international credential to counsel anywhere in the US, and I have been counseling since 2010. My voting rights had been restored several years ago. What do I have to do to find out how to restore my gun rights?
Admin:
Take the eligibility test to see if you are eligible to have your gun rights restored.

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James Scandalis
19th December 2014 10:43am
I am a 60 year old male with a Federal conviction of conspiracy to distribute marijuana. It has been no less than 18 years since my time was served. All probation has been completed and no other offenses of any kind have been committed since. I am a Florida resident, currently in Michigan, looking to return back to Florida this year. Would I be eligible to restore my gun rights?
Admin:
Unfortunately, you are not able to apply for a FL gun rights restoration if you have a Federal conviction.
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Jimmy Brownell
24th November 2014 11:40pm
I have been out of jail and clean for 5 years. I have been working and have not even had a speeding ticket. I have even have many top officals that will write letters for me. How long will it take to get my rights back?
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MathewHigbee
30th November 2014 3:49pm
It is very difficult to say. The state of FL is giving a wide range of estimates on the amount of time it takes for them to process and approve a request to restore firearm rights. The most recent estimate of time to process the request is 5 to 7 years. In other words, it will take approximately 5 to 7 years, from the date the request is received, to get a decision.
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Chris
15th November 2014 11:14pm
Can you get your gun rights back if you got a federal felony over a state felony?
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David
31st October 2014 7:10am
I submitted my form on May 13th of 2013 and I have still gotten no response. How long does the restoration of firearm rights take? I was charged with a felony for the sale and delivery of marijuana.
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Eugene
7th October 2014 1:20pm
I was convicted for a felony possession of an illegal firearm (sawed off shotgun) without violence in Missouri in 1990. I was and still am a resident in Florida. I served a 6 month sentence and was released. I also have one arrest for being drunk and disorderly sometime between 1993-1995. My record has been clean ever since. Will I be able to get my gun rights back?
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M. Martissa
21st August 2014 4:56am
I was convicted of Failure to Pay Child Support in federal court and sentenced to 3 months at FDC Miami. I was granted clemency and have had no convictions of ANY violent crimes. When and if, can I get my gun rights restored?
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Jenna Thorne
25th August 2014 6:21pm
Your question raises a few additional pieces of information that would relevant and helpful to answering your question. First, it sounds like you were convicted of 18 U.S.C. § 228. That section can be a misdemeanor or a felony, depending on the amount due and the amount of time that it has been past due. If you were convicted of a misdemeanor, you most likely have not lost your firearm rights. If you are unsure on the level of the offense, you should be able to contact the court to obtain that information. You then went on to say you were granted clemency. I am not sure exactly what you mean by clemency, such as federal clemency (pardon). If you did receive a presidential pardon, then that would restore your firearm rights lost as a result of that federal felony conviction.According to the US Department of Justice's website, if you do have a federal felony conviction, the presidential pardon is currently the only way to restore the right to bear arms.
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chris
25th July 2014 1:50am
I got out of prison when I was 22 years old. I went in when I was 16 years old for robbery with deadly weapon. I am now 28. Last year I was arrested and sentenced for DUI. Other than that I've been clean. I bought a home, have 3 children and got married. I made a mistake. Do I have to wait longer to regain my rights due to the DUI?
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MathewHigbee
25th July 2014 2:36am
Great question. All of the information on our site and the other lawyer and government site's suggest that you have to wait 8 years from your most recent conviction. However, I am not 100% if they mean 8 years from the offense that resulted in the loss of your firearm rights or from any offense. If you are in a hurry for an answer, we would be glad to do additional research for you for flat-fee of $200. Otherwise, I will put this question on the list for further research and a more detailed answer should be posted in about 6 months.
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ubermench1000 .
19th July 2014 5:58am
How long after my probation has ended and my general civil rights restored must I wait to apply for gun rights restoration in Florida?
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Jenna Thorne
29th July 2014 2:58pm
Under the current rules in place in Florida, you must wait 8 years since the completion of all sentences, including the probation. While there used to be mechanisms in place to waive that requirement, in 2011 the Board and the Governor removed the time period (waiting period) waivers, meaning there is currently no way around this 8 year waiting period. Because you have had your civil rights restored, you are likely close or have already satisfied the 8 year requirement. If you have any additional questions, please do not hesitate to contact us to discuss the Florida firearm rights restoration process.

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