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If I’m convicted of a gun charge, can I ever get my gun back?

If I’m convicted of a gun charge, can I ever get my gun back?

On Behalf of | Mar 21, 2024 | Criminal Defense |

For gun owners, understanding Florida’s intricate gun laws is paramount. For gun owners facing convictions related to firearms though, understanding those laws becomes even more important. The state’s constitution safeguards the right to bear arms while implementing regulations to uphold public safety.

Eligibility to possess firearms

Eligibility to possess firearms in Florida hinges on several factors, such as age, criminal history and the existence of active restraining orders. Notably, individuals under 21, those with felony convictions and those subject to certain restraining orders may encounter restrictions or be barred from legal gun ownership.

Felony convictions in Florida often result in the forfeiture of gun ownership rights. This even extends to non-lethal weapons like stun guns and tasers.

Can felons get their gun rights back?

Maybe. Despite these restrictions, some convicted felons have a route to restore their gun ownership rights. Specifically, if you have been convicted of a nonviolent felony, you might have a pathway back to gun ownership. However, you must have completed your sentence, including parole, probation and any accompanying fees. You also cannot have any pending charges or other disqualifying convictions.

What is the process?

Restoring your gun ownership rights is a legal process before the Florida Office of Executive Clemency. You must file a Clemency Application with them, provide evidence and eventually prevail before them at a hearing. While navigating this legal process is complex, expensive and time consuming, if your Second Amendment rights are important to you, it is worth it. Though, keep in mind that if you are convicted during the process or after your gun rights are restored, you can lose your rights again.


In conclusion, managing the aftermath of a Florida gun charge conviction requires a deep comprehension of the law. Though, luckily for gun owners or for those looking to become gun owners again, Florida’s gun laws have seen changes over time to allow many to regain their gun rights, even after a gun crime conviction.