Serious criminal convictions, including felony offenses, can impact an individual’s civil rights. They may lose the right to vote. They may also become unable to lawfully possess a firearm. After they complete their criminal sentence, they may be eligible for the reinstatement of the rights they lost because of their conviction.
Florida voters passed an initiative making it easier for those with criminal records to reinstate certain civil rights lost after a serious criminal conviction. In some cases, those with major criminal records could be eligible for the automatic restoration of their voting rights after serving their sentences.
Does Florida also allow for the automatic restoration of gun rights after a conviction?
Petitioning for restoration is necessary
There is no automatic Second Amendment restoration process in Florida. Those who commit crimes serious enough to warrant the loss of their Second Amendment protections must follow a formal petition procedure. They must avoid any criminal convictions for at least eight years and then petition the Board of Clemency.
The failure to follow the appropriate procedure could lead to firearms charges against people who might assume that they are in compliance with the law. Even the continued ownership of a firearm acquired before a criminal conviction could potentially lead to new charges against a person who has previously served a sentence for a major criminal offense in Florida.
Understanding how the state restricts Second Amendment rights after a serious criminal conviction can help people avoid subsequent criminal charges. Unlawful firearm possession after a criminal conviction could potentially lead to new charges and additional penalties for someone who has previously served a criminal sentence.