Under Florida law Section 790.065(2), you may not own or carry a firearm if any of the following applies:
If you were committed to a mental institution or were adjudicated mentally defective by a doctor, you’ll be denied your rights to own or carry a firearm. Until a court order relieves you of such “disabilities,” that notation on your record will enable law enforcement to issue a warrant for your arrest should you try to purchase or possess a firearm anyway.
Under Florida law Section 790.064(3), you can petition the court that adjudicated you mentally unfit and request to restore your gun rights by removing the firearm restriction or disability from your record. At The Umansky Law Firm, we are committed to helping our clients regain their gun rights by assisting with this process.
Florida law Section 790.065(2) provides the procedure that must be followed to restore gun rights and remove this notation of firearm restriction or disability. At the Umansky Law Firm, our gun rights lawyers will advise you through this entire process. Florida law requires that the petition be filed in the same division in which the order was entered and served on the state attorney of the county in which the person was committed or adjudicated.
There will be a hearing to consider whether your gun rights should be restored. You can choose if this will be an open or closed hearing. Your attorney and the state attorney can subpoena witnesses and present evidence. During the hearing, your attorney will present evidence and cross-examine expert witnesses who can attest to your capability and why your gun rights should be restored. After the hearing, the court will decide whether to grant or deny your petition to restore your gun rights.
To restore your gun rights, the court must find:
If the court denies your petition, you must wait one year before submitting another petition for gun rights restoration. If you wish to appeal the order denying relief, you can do so to the District Court of Appeals.
If the court grants your petition, they must send proper notice to the Department of Agriculture and Consumer Services. At this point, the mental health record will be deleted from the automated database, and you can then purchase firearms or receive a concealed weapons permit.
IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT
IN AND FOR _________________ COUNTY, FLORIDA
IN RE: __________________________
CASE #: ______________
PETITION FOR RELIEF FROM FIREARM DISABILITIES IMPOSED BY THE COURT
THIS MATTER is presented to the Court on _______________ (date) by Petitioner, ________________________, on a Petition for Relief from Firearms Disabilities Imposed by the Court on _______________________ pursuant to Section 790.064(3) and/or 790.065.
The Petitioner was ordered for:
Signature of Petitioner: _________________________
Printed Name of Petitioner: ________________________
Date of Birth: __________________________________
Mailing Address: ________________________________
Race: ______________ Gender: __________________ __________________________________
City State Zip
Social Security Number: _________________________
Name and Address of Attorney for Petitioner (if any):
If you need to petition to have your gun rights restored, do not hesitate to contact the gun rights lawyers at the Umansky Law Firm for help. If we can, we would argue on your behalf to the judge to establish that you have the wisdom, capability, knowledge, and safety record to remove any restriction or disability that you may have on your record to own or possess a firearm.
Your ability to protect yourself and your family is not lost. Our gun rights lawyer and criminal defense attorneys can help. To speak with a member of our team today, complete an online contact form or call our office.
The Umansky Law Firm Criminal Defense & Injury Attorneys