Florida Firearm rights Restoration
If you live in Florida and have a state or federal felony conviction, the only way to regain your firearm rights is through Executive Clemency — Nothing Else — your firearm rights remain denied until the Governor and Cabinet approve your clemency application and issue a written order restoring your rights.
Understanding Your Path to Firearm Restoration After a Felony Conviction
Under Florida law, any felony conviction—state or federal—triggers the suspension of civil rights, including the right to possess firearms and ammunition. This suspension continues for life unless the State of Florida restores these rights through clemency.
Key points Florida residents must know:
- Firearm rights are NOT restored automatically, regardless of how long ago the conviction occurred.
- Completing your sentence or probation does NOT restore firearm rights.
- A general “restoration of civil rights” or voting-rights restoration is NOT enough.
- Only a clemency order that specifically grants firearm authority removes the firearm-possession prohibition under Florida law.
The Legal Framework Behind Florida’s Firearm-Rights Restrictions
Article IV, Section 8 gives the Governor—acting with at least two Cabinet members—the exclusive power to grant pardons in order to restore civil rights, which includes the firearm rights of those with felony convictions.
Florida Statutes – How Rights Are Lost and Restored
- Fla. Stat. § 944.292: Civil rights are suspended upon conviction and stay suspended until clemency is granted.
- Fla. Stat. § 790.23: Felons—including those convicted federally—are prohibited from possessing firearms or ammunition unless they have a valid clemency order restoring firearm authority.
- Fla. Stat. § 940.05: Allows for restoration of rights after sentence completion, but firearm rights still require a specific, separate clemency grant.
Florida Case Law – Consistent and Unambiguous
Florida courts have repeatedly upheld that:
- The right to possess firearms is a civil right suspended upon felony conviction.
- Only Florida’s Executive Clemency Board may restore this right.
- A general civil-rights restoration does not include firearm rights unless firearm authority is explicitly mentioned.
- Cases such as Parker v. State, Bailey v. DeSantis, Burkett, Thompson, France, and Williams all reinforce one rule: executive clemency is the only legal route to restoring firearm rights in Florida.
Why Working With a Firearm-Rights Team Matters
The clemency process is technical, slow, and highly discretionary. Many applications fail because:
- The applicant uses the wrong type of application.
- Important documents are missing.
- The narrative does not align with what the Board is looking for.
- The person does not meet eligibility requirements and applies too early.
- The application does not clearly articulate why firearm authority should be restored.
At Armed Again, we help you avoid these pitfalls. Our approach includes:
- Eligibility assessment.
- Document collection and review.
- Preparing a persuasive application.
- Guiding you through the investigation process.
- Preparing you for the clemency hearing (if required).
- Coaching you on how to present your case.
How Florida’s Firearm Rights Restoration Process Works
1. Determine Eligibility
Applicants typically must:
- Complete all terms of their criminal sentence (including probation).
- Have no pending criminal charges.
- Meet waiting-period requirements set by the clemency rules.
The rules change, but firearm-specific clemency is traditionally available only after a mandatory waiting period following sentence completion.
2. Complete Florida’s Application for Clemency
This application requires:
- A detailed history of your conviction(s).
- Court documents.
- Personal background information.
- A statement explaining why firearm rights should be restored.
Errors or omissions can cause delays or denial.
3. Review by the Office of Executive Clemency
Your application undergoes an administrative review, background checks, and investigation. The Governor’s office has broad discretion at every step
4. Clemency Board Hearing (When Required)
Serious cases—including firearm-rights applications—often require a formal hearing before the Governor and Cabinet. There, your case is presented, and the Board may ask questions before voting.
5. Issuance of a Clemency Order
If granted, the written order must explicitly state that firearm authority is restored. Only then may you legally possess firearms in Florida.
Check Your Eligibility
At Armed Again, powered by The Law Offices of Barton Morris, we guide Illinois residents through the complex process of restoring firearm rights. From reviewing eligibility to preparing court petitions, our team ensures no step is overlooked.
Contact us today to see if you qualify for FOID card restoration in Illinois.