FAQ

Can my right to possess a firearm be restored if I have a Federal conviction?

No. Since 1992 Congress has refused to fund the Federal procedure to remove legal disability for firearms rights. The refusal to fund the program was upheld by the Untied state Supreme Court in United States v. Bean 537 US 71 (2002). The only current method of having your Federal Rights restored is by Presidential pardon.

What can I do if my conviction is in a state other than Florida?

You will need to contact a Lawyer in the state where you were convicted to have your gun rights restored in that state. Florida should then give full faith and credit to the other state’s restoration of your rights. To find a gun-friendly lawyer in another state, you can contact the NRA Office of General Counsel at (703) 267-1250.

If my conviction is in Florida how do I restore my right to own a gun?

There are two ways to have your rights restored in Florida. First, you can apply for executive clemency, which must be granted by the government. The second, and most common form of restoration of civil rights, is to petition for the specific authority to own, possess, or use firearms. IN order to request this form of restoration of civil rights, you must wait at least 8 years until after the completion of any sentence, probation, restitution or payment of fines.

If I am a convicted felon, can my spouse have a gun in our residence?

Generally, no. Even though your spouse can legally possess the gun, since a firearm is in the home it is considered constructive possession. The exception to this situation is for your spouse to keep the firearm in a locked safe to which only he/she has the combination or key.

Can I carry a gun in my car if I don’t have a concealed weapon permit?

Pursuant to Florida Statute 790.25, an individual can possess a firearm in a private vehicle if the weapon is “securely encased or is otherwise not readily accessible for immediate use”. There are different interpretations as to what “securely encased” means, but for example, if the firearm was in a holster in a closed console or glove compartment, you should be okay under Florida law. There is no “two step” or “three step” rule in Florida.

Does my gun have to be licensed or registered?

To own a firearm you do not need to have the gun licensed or registered (except for certain National Firearms Act weapons). To carry a firearm concealed in Florida you must obtain a Concealed Weapon Permit (License) from the State.