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FLORIDA PARDONS AND RESTORATION OF GUN RIGHTS — Florida Estate Planning Lawyer Blog — January 19, 2024

by TheAdviserMagazine
2 years ago
in Estate Plans
Reading Time: 3 mins read
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FLORIDA PARDONS AND RESTORATION OF GUN RIGHTS — Florida Estate Planning Lawyer Blog — January 19, 2024
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FLORIDA PARDONS AND RESTORATION OF GUN RIGHTS

An individual convicted of a felony in Florida loses their civil rights, including the right to possess or use firearms and ammunition. In Florida, anyone not prohibited by law and over 21 may purchase and possess firearms and ammunition, vote, and obtain a concealed weapons permit. However, suppose you are a Florida resident and you have a felony conviction or certain misdemeanor convictions in Florida, federally, or in another state. In that case, you have likely lost the right to purchase and possess ammunition or firearms. Although some states automatically restore civil and firearm rights for specific individuals after some time, Florida is not one of those states. In Florida, these rights can be restored through Clemency or by obtaining a Pardon.

So what is the process for restoring my firearm rights? When I get my firearm rights back, can I purchase, possess, or use a firearm in Florida and other states? In Florida, restoring your firearm rights can be completed through the Clemency Board regardless of whether you wish to seek Clemency or a Pardon. Once restored, you can purchase and own firearms and ammunition in Florida and most other jurisdictions, depending on the laws of that state.

We have a two-step process to restore your firearm rights through the Law Office of David M. Goldman. First, you will need to contact our office and speak to a member of our Restoration Team or fill out an intake online. From there, we will complete legal research and conduct a background check to ensure you are eligible to restore your rights. This first step is only $495.00 unless you have more than 5 criminal cases on your record, which is $990.00. Once we have determined your eligibility, step 2 is to obtain all the necessary supporting documents and prepare and file your application with the Clemency Board for an additional $1195.00. Should you wish to apply for both Clemency and a Pardon simultaneously, we can do so at no extra charge.

Although it is a rarity, depending upon the circumstances, the Clemency Board may wish to request a hearing to determine your right to possess and own a firearm in Florida after reviewing your application. Should this occur, you may also retain the firm to represent you at the hearing.

Eligibility requirements to restore your firearm rights in Florida are as follows:

You must have completed all sentences imposed and any conditions of supervision, including but not limited to parole, probation, community control, controlled release, and conditional release. The completion date must be no less than 8 years before you apply for Clemency and 10 years before a pardon.
You cannot have any outstanding monetary obligations to the court, including fines, fees, restitution, or court costs resulting from any criminal conviction or traffic infraction. **Depending upon the type of financial obligation to the court, you may also be eligible to have those costs waived or reduced through the Clemency Board.**
You cannot have a valid standing Injunction for domestic violence against you at the time of your application.

If you have been convicted of a crime in a federal, military, or out-of-state court, you cannot apply to restore your rights in Florida. (Rule 5D of the Executive Clemency Board of Florida).

Once your application has been filed and accepted by the Clemency Board, it will be your responsibility to maintain contact with the Board and update them on any changes in address, phone number, or other contact information.

If you would like to start the process of restoring your firearm rights in Florida, contact a Jacksonville Restoration of Firearms Rights Lawyer who can tell you if you are eligible.



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Tags: BlogEstateFloridaGunJanuarylawyerPARDONSPlanningrestorationrights
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