How can a felon restore their firearm rights in Florida?

Answer 1

How can a 3rd degree felon obtain fireamr rights in Florida?

There are a lot of variables that come into play when attempting to answer this question.

Is this your only offense (ever) ?

Were you actually convicted (as opposed to having adjudication withheld)?

Was the crime a violent offense - domestic violence, etc?

If the crime was non-violent, you have completed your sentence or probation, paid any due restitution, etc. you may have several options open.

1) If this was your only offense, you can look into having the record expunged. Expungement (if you qualify - consult an attorney) will restore your firearm rights on a federal level. You may still need to petition Florida for clemency restoration.

2) You can petition the state of Florida for clemency with restoration of firearm rights. This requires an application process and investigation by the fl parole board, and a possible appearance before the governor and board.

3) You can apply for a full pardon. Again, application process with a long wait, background investigation and approval by governor and board.

I found this info here:

http://nvocrc.org

Answer 2

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.

FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

It actually is a fairly simple process but a desired outcome is not necessarily in the cards.

First request from the Governor a restoration of your civil rights...that is the right to vote, sit on a jury, hold public office, and be a notary public. All of these rights must be and normally are restored in most normal circumstances. If all of the rights are not restored then the federal government still prohibits your being able to possess a firearm. The federal firearm law about possession is not an issue once the state restores all of your civil rights. A federal conviction for a felony cannot be absolved at the state level and you must use the federal process for firearm restoration. A misdemeanor conviction for Domestic Violence can be a lifetime firearm ban at the federal level regardless of what the state says. The Governor does not restore firearm rights. Go to the Secretary of the Commonwealth website and download the form that applies to your situation. Do all that is required.

Once your civil rights are restored you will need to petition the circuit court located in the county or city you live in to restore your rights to possess a firearm (any firearm lawful to own in Virginia). A restoration of only owning a rifle does not lift the federal prohibition so you must ask for the rights to possess, purchase etc. any firearm otherwise lawful to own in Virginia. The petition to the circuit court is a motion. You should absolutely hire a lawyer for this...it isn't super expensive

Answer 3

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do your own esearch to learn if this applies to your state), you will still remain subject to whatever restrictions your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). FEDERALLY CONVICTED FELONS - CAUTION: Regardless of what rights your state may restore, if you were convicted in FEDERAL COURT of a FEDERAL FELONY - it is a felony crime for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has effectively eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

Answer 4

Although you are welcome to do your own research, it does not appear that Georgia has any provision for restoring gun privileges to convicted felons.

Answer 5

Federal government is an illegal institution, therefor no technically has the right to take away your rights. F%$# the FEDS carry anyway,I do.

Answer 6

The felon will need a lawyer, a lot of money , a lot of patience and it probably won't happen.

Answer 7

check with an Attorney................