Restoration of Gun Rights for Non-Violent Felons in Florida

The Legal Path to Reclaiming Second Amendment Rights

In Florida, individuals convicted of non-violent felonies may have the opportunity to restore their firearm rights. The process is governed by state laws and requires fulfilling specific criteria and navigating a legal procedure. 

Our expert firearm attorneys will outline the steps involved in reinstating gun rights for non-violent felons in Florida, including updates on the latest proposed laws.

Eligibility Criteria

Before initiating the process of restoring gun rights, it is essential to determine eligibility. The fundamental requirements include:

• Completion of Sentence: The applicant must have completed all terms of their sentence, including incarceration, probation, parole, and any required restitution. 
• Time Period: A waiting period of at least eight years from the completion of the sentence must have elapsed, according to Florida Statutes, Chapter 940.

Restoration Process

Restoring firearm rights involves several steps, each requiring thorough attention to detail and adherence to legal procedures:

Step 1: Apply for Clemency

The initial step in the process is to apply for clemency through the Florida Office of Executive Clemency. Clemency serves as an official pardon or commutation of the felony conviction, a prerequisite for gun rights restoration.

• Obtain Application Forms: Application forms can be downloaded from the Florida Commission on Offender Review website or requested by mail. 
• Complete the Application: Fill out the required application and provide certified court documents regarding the felony conviction and sentence completion.  
• Submit the Application: Submit the completed application to the Office of Executive Clemency for review. 

Step 2: Review and Investigation

Upon submission, the application undergoes a review process by the Florida Commission on Offender Review. This process includes:

• Background Check: A thorough background check is conducted to verify the applicant’s criminal history, compliance with sentencing terms, and behavior since release. 
• Interview: The applicant may be required to attend an interview to discuss their application and reasons for seeking gun rights restoration. 

Step 3: Clemency Board Decision

The final decision rests with the Florida Board of Executive Clemency, which consists of the Governor and members of the Cabinet. The Board reviews the investigation findings and makes a determination based on various factors, including:

• Applicant’s behavior and rehabilitation since the conviction.
• Nature and circumstances of the original offense. 
• Public safety and interest considerations. 

The decision can result in either the granting or denial of clemency. If granted, the applicant’s civil rights, including the right to possess firearms, are restored.

Step 4: Final Steps and Documentation

Once the completed application is submitted, the Office of Executive Clemency will issue a Receipt Notice. The application may remain pending for several years before the investigative process even begins. The applicant will be responsible for keeping the Office of Executive Clemency advised of any changes in address or telephone number. If clemency is granted, the applicant will receive a Certificate of Restoration of Civil Rights. This certificate serves as official documentation of the restoration of gun rights and must be retained for future reference. 

Latest Proposed Laws and Statutes

Recently, there have been legislative efforts to streamline the process for non-violent felons to regain their firearm rights. A bill proposed in the Florida legislature aims to reduce the waiting period to five years and simplify the application process by allowing online submissions. 

As of February 2025, this proposed law passed the initial committee review and is awaiting a vote in the state Senate. If enacted, it would significantly expedite the restoration process for eligible individuals. 

Protecting Your Gun Rights in Florida, Katz & Phillips, P.A. 

The process of restoring gun rights for non-violent felons in Florida is comprehensive and requires careful adherence to legal protocols. Eligible individuals must demonstrate rehabilitation and compliance with the law to successfully navigate the clemency process. 

With the potential changes in legislation and recent court rulings, the process may become more accessible, offering non-violent felons a clearer path to reclaiming their Second Amendment rights in the state of Florida. Check back often for updates on the law as they happen.