A person who is convicted of a criminal offense may forfeit his Second Amendment rights depending on the crime committed. Those convicted of felonies, misdemeanor domestic violence crimes, and certain drug crimes, or those who have pleaded guilty to such offenses, may no longer purchase or own firearms in Florida.
Additionally, law-abiding citizens who seek to purchase firearms may be denied a sale at a federally licensed gun shop, or their sale may be delayed upon issues with the required background check. If you seek to restore your gun right, you may benefit from working with a knowledgeable Orlando gun rights restoration attorney to work toward getting your rights reinstated.
If you suspect that you may have lost your Second Amendment rights, it’s best to consult with a gun crime attorney before attempting to purchase a firearm; under certain circumstances, you may be arrested for doing so. You may be considered to be under a federal firearm disability if any of the following apply to you:
Generally, those who have remained lawful citizens after being convicted of and sentenced for a felony offense or misdemeanor domestic violence crime may seek the restoration of their rights. If it has been eight or more years since you completed your sentence or probation and you have paid all court costs and restitution, you may be eligible to apply for Executive Clemency.
A gun rights restoration attorney with the Umansky Law Firm can help you complete the process of restoring your gun rights so that you may improve your chance of being awarded your rights. Your attorney can take the following steps:
Unfortunately, if you lost your gun rights when you were convicted of a crime in another state, it is not possible to apply to have those rights restored in Florida. You must have your rights restored in the state in which you lost them before you may own or purchase a firearm in Florida.
In the United States, those convicted of federal felonies may only be pardoned by the President. You must wait a minimum of five years before becoming eligible to apply for a presidential pardon. This waiting period begins on the date of your release from confinement. You must also fully satisfy the penalty imposed, including probation, parole, and supervised release. Read more about presidential pardons.
Our gun rights attorneys work with law-abiding citizens who were wrongfully denied a firearm purchase due to systematic errors within the National Instant Criminal Background Check System (NICS).
If you sought to purchase a firearm in Orlando, you filled out Form 4473, which is a questionnaire required by federal law. The information you submitted in this form is used by the salesman to conduct a criminal background check. Often, these checks are riddled with errors that may lead to the denial or delay of the sale.
Some of the most common errors occur when:
As per Florida Statutes § 790.064, no person who has been committed to a mental institution or who has been “adjudicated mentally defective” can legally purchase or possess a firearm in Orlando. In this context, being “adjudicated mentally defective” means a court has declared the person to be a danger to themselves or others or is incapable of managing their own day-to-day affairs based on mental illness, disease, or “marked subnormal intelligence.” This can be done through a judicial finding of incapacity, or through someone being found unfit to stand trial for or acquitted of criminal charges by reason of insanity.
Commitment to a mental institution in this context entails some form of involuntary confinement in such an institution for reasons of mental illness, mental defectiveness, or substance abuse, including both inpatient and outpatient care, assessment and stabilization, and substance abuse treatment. It does not, however, refer to placement in a mental institution for observation only, immediate discharge from a mental institution based on a physician’s initial review, or any voluntary admission into such a facility.
It is possible to petition for firearm disability status as defined above to be revoked and for a Florida resident’s gun rights to be restored. Fla. Stat. § 790.065 outlines the procedures involved in this process. It includes an evidentiary hearing which can be either open or closed depending on the petitioner’s request, and which allows both the state attorney and the petitioning party to present evidence either against or in favor of the disability status being removed.
Factors the court may consider during such a hearing include:
Guidance from a gun rights restoration lawyer can be essential to getting through this proceeding efficiently and maximizing a petitioner’s chances of success.
Allow our Orlando gun rights restoration lawyers to clear up the confusion on your behalf so that you can lawfully exercise your Second Amendment rights. We have over 100 years of combined experience defending gun owners throughout Central Florida. Receive a free consultation when you call or contact us online.
The Umansky Law Firm Criminal Defense & Injury Attorneys
