Jacksonville Criminal Defense Lawyer Blog
The rules surrounding Restoration of Gun Rights can be confusing. It is a very detailed process and having the help of an experienced attorney who knows how to navigate the system can help! Restoration of Gun Rights requires an application to the Florida Clemency Board to begin the process. The application requires certified court documents; specifically, a copy of the charging instrument (indictment, information, or warrant with supporting affidavit) for each felony or misdemeanor conviction (if needed), and a certified copy of the judgment and sentence for each felony or misdemeanor conviction. Pursuant to Florida Statute, those documents should be provided free of charge for the purpose of a clemency application. When the Clemency Board receives an application, it is screened for eligibility regarding time frames and all documents are reviewed. If the Applicant is eligible, the application is forwarded for investigation by the Office of Clemency Investigations. Cases are assigned on a first-come, first-serve basis and the process can be lengthy. If the application meets requirements, a report is prepared, and the application is forwarded to the Clemency Board for a decision.
- The Specific Authority to Own, Possess, or Use Firearms restores to Applicants the right to own, possess, or use firearms, which were lost as a result of a felony conviction.
- The Clemency Board will not consider requests for firearm authority from individuals convicted in federal, military, or out-of-state courts.
- Applicants must have completed all sentences imposed for the most recent felony conviction and all conditions of supervision imposed have been 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 eight (8) years.
- Applicants must not have any outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000.00 and result from any criminal conviction or traffic infraction.
- Applicants must not have any outstanding victim restitution, including, but not limited to restitution pursuant to a court order or civil judgment, or obligations pursuant to Victims Assistance, Chapter 960, Florida Statutes.
- If adjudication of guilt was withheld on your case, you have not lost your civil rights, but you are usually prohibited from purchasing firearms for at least three (3) years from the date your supervision terminated.
Contact an experienced Jacksonville Criminal Lawyer for help with this process. Call the Law Office of David M. Goldman, PLLC today for a consultation.