Restoration of Firearm Rights

Restoration of Firearm Rights in Florida

Daytona Beach Restoration of Firearm Rights Lawyer

Retired Homicide Detective. Former Police Officer. Trial Lawyer.

For many people, one of the most significant consequences of a felony conviction is the loss of the right to possess a firearm.

Years after completing a sentence, many individuals assume their firearm rights have automatically returned.

Others believe that once they complete probation, they may legally purchase or possess a firearm again.

Still others assume that an old conviction from another state no longer matters.

In many situations, those assumptions are incorrect.

The restoration of firearm rights is one of the most misunderstood areas of both Florida and federal law.

Whether an individual may lawfully possess, purchase, receive, or carry a firearm depends upon numerous factors, including:

  • The nature of the conviction.
  • Whether adjudication was withheld.
  • Whether the conviction occurred in Florida or another state.
  • Whether the conviction occurred in federal court.
  • Whether civil rights have been restored.
  • Whether a pardon has been granted.
  • Whether federal firearm restrictions continue to apply.

Because every situation is different, no one should assume they have regained their firearm rights without first obtaining competent legal advice.

Possessing a firearm before your rights have been lawfully restored may expose you to additional felony charges under both Florida and federal law.

At the Law Offices of Patrick J. McGeehan, P.A., we assist individuals throughout Daytona Beach, Volusia County, Flagler County, and Central Florida in evaluating whether firearm rights may be restored and what legal options may be available.

Before becoming a criminal defense lawyer, Patrick J. McGeehan served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and retired homicide detective.

Throughout his law enforcement career, he investigated firearm offenses, violent crimes, and complex felony cases involving prohibited possessors.

Today, he applies that investigative experience to helping clients understand their legal rights and avoid mistakes that could result in new criminal charges.

Quick Facts

Common Issues

  • Restoration of firearm rights
  • Felony convictions
  • Civil rights restoration
  • Florida convictions
  • Federal convictions
  • Out-of-state convictions
  • Pardons
  • Firearm eligibility

Common Questions

  • Can I legally own a firearm again?
  • Do my firearm rights automatically return?
  • Does a withheld adjudication affect my firearm rights?
  • Does an out-of-state conviction matter?
  • Does federal law still prohibit me from possessing a firearm?
  • Can I purchase a firearm after my sentence is complete?
  • State law versus federal law
  • Restoration of civil rights
  • Eligibility to possess firearms
  • Prior felony convictions
  • Firearm purchase restrictions
  • Background checks

What Does “Restoration of Firearm Rights” Mean?

The phrase “restoration of firearm rights” generally refers to the legal process through which an individual who has lost the right to possess firearms seeks to regain that right.

Unfortunately, many people believe there is a single answer that applies to everyone.

There is not.

Whether firearm rights have been restored depends upon the individual’s specific circumstances.

Factors frequently considered include:

  • The nature of the prior conviction.
  • The jurisdiction in which the conviction occurred.
  • Whether additional convictions exist.
  • Whether civil rights have been restored.
  • Whether any federal firearm disabilities remain in effect.

For that reason, every case should be evaluated individually.

Losing Firearm Rights Is Often Only the Beginning

Many people focus on the criminal sentence imposed by the court.

Jail.

Prison.

Probation.

Fines.

However, a criminal conviction often carries consequences that continue long after the sentence has been completed.

For some individuals, those consequences include restrictions involving:

  • Possession of firearms.
  • Purchasing firearms.
  • Receiving firearms.
  • Carrying firearms.
  • Hunting with firearms.
  • Employment requiring firearm possession.
  • Professional licensing.

Understanding those long-term consequences is often just as important as understanding the original criminal sentence.

Florida Law and Federal Law May Both Apply

One of the most confusing aspects of firearm rights restoration is that both Florida law and federal law may affect whether an individual may lawfully possess a firearm.

A person may believe they have satisfied one set of legal requirements while overlooking another.

For that reason, firearm rights questions should never be answered by looking at only one statute or one court record.

An experienced attorney should carefully evaluate all applicable legal issues before advising a client regarding firearm possession.

Every Situation Is Different

No two restoration cases are exactly alike.

Examples include:

  • A decades-old Florida felony conviction.
  • An out-of-state conviction.
  • A federal conviction.
  • Multiple felony convictions.
  • A conviction involving domestic violence.
  • A case involving a withheld adjudication.
  • A conviction that has since been vacated or otherwise affected by later court proceedings.

Although people often ask for a simple yes-or-no answer, the correct legal analysis usually requires a detailed review of the person’s criminal history and the applicable law.

For that reason, assumptions can be extremely dangerous.

Why Early Legal Advice Matters

Some people first discover they may still be prohibited from possessing a firearm only after attempting to purchase one.

Others learn after being investigated by law enforcement.

Still others unknowingly place themselves at risk by possessing a firearm they believed they could legally own.

Obtaining legal advice before attempting to possess or purchase a firearm may prevent serious criminal consequences.

An experienced criminal defense lawyer can evaluate your criminal history, explain the legal issues involved, and determine whether additional legal action may be necessary before you attempt to exercise firearm rights.

Understanding your legal status before acting is almost always preferable to defending new criminal charges later.

Restoration of Firearm Rights Is Not Automatic

One of the biggest misconceptions about firearm rights is that they automatically return after a person completes probation, parole, or a prison sentence.

In many cases, that is simply not true.

Completing a criminal sentence is an important milestone.

However, it does not necessarily restore the legal right to possess, purchase, receive, or carry a firearm.

Many individuals are surprised to learn that years—or even decades—after a conviction, firearm restrictions may still apply.

For that reason, no one should assume they may lawfully possess a firearm simply because they have completed their sentence.

Why Every Case Requires an Individual Analysis

There is no universal answer to the question:

“Can I legally own a firearm again?”

The correct answer depends upon numerous factors, including:

  • The offense of conviction.
  • Whether the conviction occurred in Florida or another jurisdiction.
  • Whether the conviction occurred in state or federal court.
  • Whether multiple convictions exist.
  • Whether civil rights have been restored.
  • Whether any federal firearm disability continues to apply.

Because every criminal history is different, every restoration case should be evaluated individually.

Florida Convictions and Out-of-State Convictions

Many people assume only Florida convictions matter.

Others believe an old conviction from another state has no effect in Florida.

Neither assumption should be made.

Out-of-state convictions frequently create complicated legal issues involving both Florida and federal law.

The legal effect of another state’s conviction often depends upon:

  • The law of the convicting jurisdiction.
  • The nature of the offense.
  • Whether civil rights have been restored.
  • Whether additional legal disabilities continue to exist.

Because multiple jurisdictions may be involved, these cases frequently require careful legal analysis before any decision regarding firearm possession is made.

Federal Convictions

Federal convictions often present additional legal issues.

Federal law governing firearm possession is separate from Florida law.

As a result, individuals with federal convictions should never assume that satisfying one legal requirement automatically resolves every issue involving firearm possession.

Whether federal restrictions continue to apply should be carefully evaluated before attempting to purchase or possess a firearm.

Restoration of Civil Rights

Many people use the phrases “civil rights restoration” and “restoration of firearm rights” interchangeably.

Although they are related, they are not necessarily identical concepts.

Depending upon the circumstances, restoration of certain civil rights does not automatically answer every question involving firearm possession.

Each situation requires careful legal analysis.

Questions frequently include:

  • What rights have actually been restored?
  • Were firearm rights specifically addressed?
  • Does federal law recognize the restoration?
  • Are additional legal steps required?

Because these issues frequently overlap, experienced legal advice is important before relying upon any assumption regarding firearm eligibility.

Pardons

Some individuals seek executive clemency or a pardon.

Although a pardon may affect important legal rights, its legal effect depends upon numerous factors.

Questions frequently include:

  • What type of pardon was granted?
  • What rights were restored?
  • Does the pardon affect both state and federal law?
  • Were any limitations imposed?

Every pardon should be carefully reviewed before concluding that firearm rights have been restored.

Withheld Adjudications

Many people ask whether a withheld adjudication affects their ability to possess firearms.

The answer frequently depends upon the specific facts of the case and the applicable law.

Rather than relying upon assumptions or information found online, individuals should obtain legal advice based upon their own criminal history.

The legal consequences of a withheld adjudication may differ significantly from those involving a formal felony conviction.

Firearm Purchases and Background Checks

Many people first learn that legal issues still exist when they attempt to purchase a firearm.

Federal and state background check systems are designed to determine whether a purchaser may legally receive a firearm.

If questions arise during that process, attempting to resolve those issues after the fact may become much more complicated.

Understanding your legal status before attempting to purchase a firearm is generally the better approach.

Avoid Common Mistakes

Individuals frequently make avoidable mistakes because they rely upon advice from:

  • Friends.
  • Family members.
  • Social media.
  • Internet discussion forums.
  • Gun store employees.
  • Individuals unfamiliar with their complete criminal history.

Although these individuals may be well intentioned, they rarely have access to the complete legal picture.

Firearm eligibility depends upon the law and the individual’s specific circumstances—not general advice from others.

Every Restoration Case Begins With the Records

Before any legal opinion can be provided, the underlying records should be reviewed.

Those records frequently include:

  • Judgments.
  • Sentencing documents.
  • Criminal history reports.
  • Court records.
  • Orders restoring rights.
  • Clemency documents.
  • Out-of-state court records.
  • Federal court records, when applicable.

Only after reviewing those documents can an experienced attorney determine what legal issues remain and what options, if any, may be available.

Every restoration case deserves careful legal analysis before an individual attempts to possess, purchase, or carry a firearm.

Why Experience Matters

Questions involving the restoration of firearm rights are rarely answered by looking at a single statute.

Instead, they often require a careful review of criminal records, court documents, sentencing orders, and the interaction between Florida and federal law.

A mistake can have serious consequences.

An individual who mistakenly believes their firearm rights have been restored may unintentionally expose themselves to new criminal charges simply by possessing or attempting to purchase a firearm.

That is why these cases should never be evaluated through assumptions or general information found on the internet.

They deserve an individualized legal analysis.

Before becoming a criminal defense lawyer, Patrick J. McGeehan spent more than two decades in law enforcement serving as a:

  • Police Officer
  • DUI Investigator
  • Traffic Homicide Investigator
  • Police Instructor
  • Retired Homicide Detective

During that career, he investigated firearm offenses, violent crimes, and complex felony cases involving prohibited possessors.

Today, he applies that investigative experience to helping clients understand their legal status before they unknowingly place themselves at risk of additional criminal charges.

Every Restoration Case Begins With a Thorough Legal Review

No attorney should answer the question, “Can I legally possess a firearm?” without first reviewing the relevant records.

A proper evaluation often includes reviewing:

  • Criminal judgments.
  • Sentencing documents.
  • Orders withholding adjudication.
  • Orders restoring civil rights.
  • Clemency or pardon documents.
  • Out-of-state court records.
  • Federal court records.
  • Criminal history reports.

Only after those records have been reviewed can an informed legal opinion be provided.

Every case is different.

Every criminal history is different.

The answer for one individual may not apply to another.

Common Questions People Ask

Many individuals seeking restoration of firearm rights ask similar questions.

For example:

  • Can I legally purchase a firearm?
  • Will I pass a background check?
  • Does my old conviction still matter?
  • Does an out-of-state conviction affect my rights?
  • What if I completed probation years ago?
  • What if adjudication was withheld?
  • What if my conviction was later vacated?
  • Does federal law still prohibit me from possessing a firearm?

Each of these questions depends upon the individual’s specific circumstances.

There are very few universal answers.

That is why careful legal analysis is so important.

Avoid Making Assumptions

One of the biggest mistakes people make is relying upon assumptions rather than obtaining legal advice.

Common misconceptions include:

  • “My probation ended years ago, so my rights automatically returned.”
  • “The conviction happened in another state, so Florida doesn’t care.”
  • “I was never sent to prison, so I can own a firearm.”
  • “A gun store employee told me I could purchase a firearm.”
  • “Someone on the internet said my rights were automatically restored.”

Unfortunately, these assumptions sometimes lead to new criminal charges.

Before possessing, purchasing, receiving, or carrying a firearm, it is often advisable to determine your legal status through a careful review of your criminal history and the applicable law.

Contact a Daytona Beach Firearm Rights Restoration Lawyer

If you have questions about your ability to legally possess or purchase a firearm, do not rely upon assumptions.

A mistake can expose you to serious criminal consequences.

Whether your rights may be restored depends upon your individual circumstances and should be evaluated carefully before you attempt to acquire or possess a firearm.

If you live in Daytona Beach, Volusia County, Flagler County, or elsewhere in Central Florida and have questions about the restoration of firearm rights, contact the Law Offices of Patrick J. McGeehan, P.A.

An experienced criminal defense lawyer can review your criminal history, explain the legal issues that apply to your situation, and help you understand your available legal options.

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