Category: Post-Case · Statute: F.S. 790.065 · Source: Florida Legislature
Understanding Restoration of Firearm Rights in Florida
In Florida, a felony conviction immediately strips an individual of their civil rights, including the right to own, possess, or use a firearm under Florida Statute Section 790.23. Unlike some states where these rights are automatically restored after a certain period, Florida requires a formal executive clemency process to regain firearm privileges. This process is entirely distinct from the restoration of basic civil rights, such as voting. To even apply for the restoration of firearm rights, an individual must complete all terms of their sentence—including prison time, probation, restitution, and any court-ordered programs—and then navigate a mandatory eight-year waiting period.
The authority to restore firearm rights rests solely with the Governor and members of the Cabinet, serving as the Board of Executive Clemency. Under Florida Statute Section 790.065, background checks conducted by the Florida Department of Law Enforcement (FDLE) will flag any felony conviction, permanently blocking firearm purchases unless the buyer can produce official documentation of granted clemency. Because the Board has complete discretion and faces a massive backlog of applications, the restoration process is notoriously lengthy and rigorous, requiring extensive background investigations and a demonstration of rehabilitation.
How Firearm Rights Impact Bail and Pretrial Release
For individuals currently facing new felony charges or those with past felony records seeking pretrial release, firearm restrictions heavily influence court decisions. Under Florida's pretrial release rules, judges frequently impose strict conditions prohibiting the possession of any weapons. If an arrestee is found in possession of a firearm while on bail, or if a convicted felon is arrested with a firearm, they face severe, non-bondable offenses such as Possession of a Firearm by a Convicted Felon. Consequently, the lack of restored firearm rights significantly increases a defendant's risk profile during a bond hearing, often leading to higher bail amounts or a complete denial of pretrial release.