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Where to apply for gun restoration rights? My father was convicted in FL, he now lives in GA. Wants hunting rights.

Lake Mary, FL |
Filed under: Civil rights Gun rights

Adjudicated guilty in FL for GIVING FALSE VERIFICATION PAWN BROKER <$300 and Grand Theft in 2001 (Non-violent crime). Only served probation. Fines paid. No jailtime. He moved from FL to GA. Can and where can he get his gun privilege restored for hunting? Clean record since incident. He is not eligible for expungement (is what county official told me). Does he need to apply to get his Civil rights restored or other rights (not sure what rights gun rights are called). Has been living in GA for a few years now. What steps does he need to take? Can he even have his rights restored?

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Attorney answers 3

Posted

The gun laws from where you live will govern you.

All 50 states must follow the federal gun law possession ban. In your state, when you are looking to possess a gun, you will run into it as well. Check with a local lawyer to make sure you can reinstate your civil rights so you may own a gun legally.

Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what the law in your particular state says: (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Fugitive from justice; (3) Unlawful user of or addicted to any controlled substance; (4) Adjudicated as mentally defective or has been committed to a mental institution; (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Discharged from the US military by dishonorable conditions; (7) A former citizen of the United States who has renounced US citizenship; (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or (9) Convicted of a misdemeanor crime of domestic violence .... Cannot lawfully receive, possess, ship, or transport a firearm.

If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what your state law says.

So before some lawyer tries to convince you to dig up a long lost file, file a form, pay a fee and go to court, make sure you understand that federal law must be followed by all 50 states.

Check with an attorney today.

Asker

Posted

he does not fall in to any of those categories. he was never punished by prison or any jailtime and none of the other categories apply to him. So if he were to try to start this process does he need to fill out a florida or georgia applicaiton? Not sure where to start. Does he need to file for Civil rights restoration? I found two websites for applications the Georgia application http://www.pap.state.ga.us/opencms/export/sites/default/resources/Pardon_Applicationjuly2010.pdf which states n. I understand that the State Board of Pardons and Paroles (SBPP) cannot pardon or restore firearm rights for offenses that occurred in other states. Which makes me think he needs to apply for the florida restoration. whcih is http://www.aclufl.org/issues/voting_rights/RCRApplication.pdf

Alan James Brinkmeier

Alan James Brinkmeier

Posted

http://www.aclufl.org/issues/voting_rights/RCRApplication.pdf

Asker

Posted

oops fl application is https://fpc.state.fl.us/PDFs/ClemencyApplication.pdf

Posted

In Florida the minimum amount of time that has to pass for someone to petition for restoration is 5 years. Firearm authority takes 8 years from the completion of all terms and conditions of your sentence. Depending on when his probation was completed, he may qualify. Unfortunately the current governor in Florida has drastically reduced the amount of folks who are heard by the Clemency Board. It is very difficult to get a case in front of them right now. That may change after the presidential election but that is to be seen.

Asker

Posted

Ok it has been 11. He only served one year probation. so it would be about ten years after sentence completed. I found two websites for applications the Georgia application http://www.pap.state.ga.us/opencms/export/sites/default/resources/Pardon_Applicationjuly2010.pdf which states n. I understand that the State Board of Pardons and Paroles (SBPP) cannot pardon or restore firearm rights for offenses that occurred in other states. Which makes me think he needs to apply for the florida restoration. whcih is http://www.aclufl.org/issues/voting_rights/RCRApplication.p

Asker

Posted

woops fl app is https://fpc.state.fl.us/PDFs/ClemencyApplication.pdf

Asker

Posted

And his Georgia attorney didn't give him much advice. He said he needed to find the paperwork for application. He was pretty much on his own. not much help from the attorney

Dale Christopher Carson

Dale Christopher Carson

Posted

I am not licensed in Ga and do not know about their clemency process. I am quite familiar with the process in FL though and these days it is a longshot to get approved by the board.

Asker

Posted

wow....well he'll give it a try...thanks

Posted

He needs to get clemency from Florida. Here's where he gets started:

https://fpc.state.fl.us/Clemency.htm

It's best to get an attorney to help fill out the paperwork - and especially for any hearings.

If this answer was, in any way, helpful - please click a positive feedback below. This is a general discussion about legal questions and not a legal consultation. No attorney/client relationship exists. For a specific answer and advice on your specific legal matter, you should arrange a consultation with a practicing attorney.

Asker

Posted

Thank you! I will let him know!

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