Under Florida Statute § 790.064, someone who is found to be mentally ill or was committed to a mental institution is prohibited from owning or possessing a firearm until the firearm disability is removed. If you have a disability that prevents you from owning a firearm, you can file a motion with the court to restore your rights. While the courts are often reluctant to grant such motions, a trustworthy gun attorney could help you by filing a petition to remove the firearm disability in Orange County on your behalf.
While mental illness is one of the most common reasons someone could lose their right to own a gun, there are many different circumstances under Florida law that could give rise to a firearm disability. Some examples include:
In the context of firearm disability, someone in Orange County who is “adjudicated mentally defective” has been deemed a danger to themselves or others, and is incapable of making day-to-day decisions due to their mental illness or disease. The court can make a judicial finding or if a defendant pleads guilty by reason of insanity. Someone who has been committed to a mental institution must be confined involuntarily due to their mental illness or substance abuse. The statute does not apply to someone who is admitted to a mental hospital for observation or who voluntarily seeks treatment.
A firearm disability status can be removed to restore an Orange County resident’s gun rights. The procedure is outlined in Fla. Stat. § 790.065. First, the court will hold an evidentiary hearing. Both sides can present evidence either against or in favor of the disability status being removed. Some factors the court may consider during the evidentiary hearing include:
There is a heavy burden on the petitioner in firearm disability cases because the court wants to ensure that no one who is a danger to themselves or the public is in possession of a firearm. The assistance of an experienced firearm disability lawyer is essential to maximize the petitioner’s chance of having their gun rights restored.
If you are looking to restore your gun rights in Florida, be sure to hire an Orange County firearm disability lawyer to represent you. Our experienced defense attorneys can advise you of Florida’s laws governing gun ownership and the purchase of firearms, and file a petition on your behalf to have the disability removed. While these petitions are not always granted, your chances of success are much higher when you work with the team at The Umansky Law Firm. Contact our office to discuss filing a petition and regain your rights to a firearm.
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