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How do I get my right to bear arms back?

Tampa, FL |

I was convicted of Felony DUI in 2004, a few years later I had my rights restored. The only right, that I currently do not have is my right to bare arms. Being that this is not considered a violent crime, will it be possible to get this right back? What do I need to do???

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Attorney answers 4

Posted

It is possible. You will need to seek a pardon. It is difficult to do but can be done. The nature of the crime is such that it is doable and the fact that time has passed if you have had no furtheer trouble with the law.

Posted

You will not have your right to own a gun restored with the felony prior.

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Anthony Michael Solis

Anthony Michael Solis

Posted

. . . absent a pardon, which is extremely rare.

Posted

In Florida, getting your gun rights back is a long slow process, and there's no certainty that you'll succeed. You need to apply to the Office of Executive Clemency. The application can be found on their website. I highly recommend you contact a clemency attorney in Tallahassee. I filed one 4 years ago. When I checked on the status, which they don't appreciate, we were still way way back in the line. Good luck!

Justin W. Blow

Justin W. Blow

Posted

A full pardon is not the only way of getting your gun rights back. There is a box on the application specifically for gun rights restoration. It's available 2 years before you would be pardon eligible. Here's a link to the application. https://fpc.state.fl.us/PDFs/ClemencyApplication.pdf

Posted

No. Ex-felons are prohibited by federal law from owning or possessing a firearm.

Justin W. Blow

Justin W. Blow

Posted

The Federal position on this is: If the felony is a state crime, and the state where it occurred returned ALL gun rights (that means the right to carry as well), then the Feds will lift your prohibition as well. If the Felony was a Federal offense, there is currently no means to have your rights re-instated due to a lack of funding for the reinstatement program.

John M. Kaman

John M. Kaman

Posted

That's complete BS. Federal law does provide that if there is a state mechanism for expunging or pardoning the crime the federal hold can be lifted. The federal hold, however, applies to both state and federal felonies.

Justin W. Blow

Justin W. Blow

Posted

I agree, the Federal prohibition applies whether your the felony was State or Federal. If the author has a Florida felony DUI, he has to apply to the Florida Office of Executive Clemency to get his gun rights back. If he's successful, then pursuant to 18 USC 921(a)(33)(B) he no longer has a "conviction" which would prohibit his possession of firearms. He would not also need to petition the Feds. The only Federal mechanism to return his rights to possess firearms in Florida would be a Presidential pardon. If his DUI was a Federal Felony (say on a military base), he would have to apply to the Attorney General's office pursuant to 18 USC 925(c). Unfortunately, there's no funding available to process those applications, so there's no use trying. Hope that clears up the "BS."

John M. Kaman

John M. Kaman

Posted

What you just stated makes sense. Sorry for the BS comment.

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