Restoring Gun Rights in Florida After a Felony Conviction

"Getting your vote back is not getting your gun back. For most people with a Florida felony, firearm rights return only through clemency — and only if you ask for them."

— Carolle El-Naffy

TL;DR – A felony conviction bars you from possessing firearms or ammunition under both Florida law (§ 790.23) and federal law (18 U.S.C. § 922(g)(1)). Amendment 4 voting restoration and the standard Restoration of Civil Rights both exclude firearms. For a Florida conviction, the state route is a grant of Specific Authority to Own, Possess, or Use Firearms (eligible 8 years after completing your sentence) or a full pardon (10 years) from the Clemency Board — and both are discretionary. Federal and out-of-state convictions cannot get Florida firearm authority at all.

Two Separate Bans: Florida and Federal

A felony conviction triggers two independent prohibitions. Fixing one does not fix the other.

Florida law. Under § 790.23, Florida Statutes, it is unlawful for a person convicted of a felony to own, or to have in his or her "care, custody, possession, or control," any firearm, ammunition, or electric weapon. The ban covers Florida felonies, federal felonies, and felonies from other states or countries punishable by more than one year.

Violating it is a second-degree felony — up to 15 years in prison — and under § 775.087 a person convicted of possession of a firearm by a felon who actually possessed the gun faces a 3-year minimum mandatory sentence.

Federal law. 18 U.S.C. § 922(g)(1) makes it a federal crime for anyone convicted of a crime punishable by more than one year to possess a firearm or ammunition. Virtually every Florida felony meets that threshold — even a third-degree felony carries up to five years — and a knowing violation carries up to 15 years.

Note "care, custody, possession, or control": a gun in a shared home or car can still create a problem. For how these charges are prosecuted, see Understanding Firearm Offenses in Florida.

Restoration of Civil Rights vs. Firearm Authority

In Florida, restoration runs through the Clemency Board — the Governor and Cabinet — under the Rules of Executive Clemency. The forms of relief are easy to confuse:

Under § 790.23(2)(a), the state ban lifts only for a person whose civil rights and firearm authority have both been restored, so firearm authority works alongside a Restoration of Civil Rights, not instead of it.

To apply for firearm authority, the rules require that you:

• Completed all terms of sentence, including the financial obligations in the sentence, and finished all incarceration and supervision at least 8 years ago
• Have no pending criminal charges or outstanding detainers
• Owe no outstanding victim restitution, and no more than $1,000 on misdemeanor or criminal traffic matters
• Were convicted in a Florida court — federal, military, and out-of-state convictions are not eligible

How the Process Works — and How Long It Takes

1. Apply to the Office of Executive Clemency with certified copies of the charging document and judgment and sentence for each felony. The clerk of court must provide them free of charge.
2. Investigation. The Florida Commission on Offender Review may investigate and make a recommendation. Victims of record and the State Attorney's Office are notified.
3. Review. A case recommended for denial goes on a preliminary review list and is denied without a hearing unless a Board member objects within 60 days.
4. Hearing and decision. Cases on the agenda are heard in Tallahassee, with five minutes per speaker. A grant requires the Governor plus at least two Cabinet members. After a denial, you generally must wait two years to reapply.

There is no guaranteed timeline. The Governor has unfettered discretion to deny clemency, and no applicant has a right to a hearing. The Board meets only a few times a year — four clemency meetings were scheduled for 2026. Add the 8-year waiting period, and this is a project measured in years. What helps is what you can document: a clean record since, steady work, and letters of support.

Does Amendment 4 Restore Gun Rights in Florida?

No. Amendment 4 restores only the right to vote. The Rules of Executive Clemency say it directly: qualifying to vote under Amendment 4 does not restore jury service, the right to hold office, or the authority to own, possess, or use firearms.

This is the most dangerous misunderstanding in this area. Someone who registers to vote, believes they are "fully restored," and buys a gun has committed a new felony under § 790.23.

Does Restoring Your Rights in Florida Satisfy Federal Law?

Federal law partly defers to the states. Under 18 U.S.C. § 921(a)(20), a conviction for which a person has been pardoned or had civil rights restored no longer counts — unless the pardon or restoration expressly says the person may not possess firearms.

Florida's standard Restoration of Civil Rights expressly withholds firearm authority, so it does not lift the federal ban. The Clemency Board's own rules acknowledge that federal law looks for a pardon or restoration with no firearm restrictions — for a Florida conviction, that generally means restored civil rights together with firearm authority, or a full pardon.

The revived federal relief program

18 U.S.C. § 925(c) lets a prohibited person apply to the Attorney General for relief, but from 1992 Congress barred ATF from funding it, and the program sat dormant for decades. In 2025 the Attorney General took the function back from ATF. A final rule published August 20, 2026 set an effective date of September 21, 2026. DOJ has announced a staged online rollout, opening to the public in limited numbers beginning in November 2026. A $30 fee, which can be waived or reduced for indigency, is scheduled to begin in January 2027.

Key points from the rule:

• Relief requires showing you are not likely to act in a manner dangerous to public safety and that relief is not contrary to the public interest.
• Applications are presumptively denied, absent extraordinary circumstances, for felonies involving violence (including assault, battery, burglary, robbery, domestic violence, and stalking) or the brandishing or discharge of a firearm. The same applies to a drug-distribution felony conviction or sentence within the last 10 years, any felony conviction or sentence within the last 5 years, and anyone still serving any part of a sentence.
• Grants are published in the Federal Register.
• Federal relief does not remove state-law prohibitions. For a Florida conviction, § 925(c) relief alone leaves § 790.23 fully in force.

What If Adjudication Was Withheld?

In Clarke v. United States (Fla. 2016), the Florida Supreme Court held that a felony guilty plea with adjudication withheld is not a "conviction" under § 790.23, and the Eleventh Circuit then held the same for § 922(g)(1). The Office of Executive Clemency likewise advises that a withhold does not cost you your civil rights. Two limits:

• Buying from a dealer. Under § 790.065, the state background check must deny a purchase if you had adjudication withheld on any felony, unless 3 years have passed since probation and other court conditions were completed, or the record was expunged. The concealed weapon license statute (§ 790.06) has a parallel 3-year rule.
• It isn't a clean slate everywhere. A withhold can still count as a conviction in other contexts, such as certain sentencing enhancements.

Can Sealing or Expunging Your Record Restore Gun Rights?

Not for a conviction. Florida's sealing (§ 943.059) and expunction (§ 943.0585) statutes require that you have never been adjudicated guilty of a criminal offense in Florida. An adjudicated felony generally cannot be sealed or expunged, so clemency is the only state path.

Where it is available — typically after a withhold or dismissal:

• Expunction satisfies the § 790.065 exception, ending the 3-year wait on a withheld felony.
• Sealing does not hide the record from gun purchases. Criminal justice agencies can access sealed records for firearm background checks. You also cannot lawfully deny a sealed arrest when buying from a licensed dealer, or when applying for a concealed weapon license.

To see where you stand, see Sealing vs. Expunging a Criminal Record in Florida or try our expungement eligibility tool.

What If the Conviction Was Federal or From Another State?

Florida's statute still bars possession, but the Clemency Board will not consider firearm authority for federal, military, or out-of-state convictions. The fix has to come from the jurisdiction that convicted you:

• Federal conviction — a presidential pardon, or relief from the Attorney General under § 925(c).
• Out-of-state conviction — a pardon or restoration of rights from the convicting state with no firearm restrictions.

Florida residents can still restore their civil rights here, just not firearm rights. How Florida treats relief granted elsewhere is technical — confirm it before you possess anything.

Realistic Expectations

• Possess nothing while you wait — no gun, no ammunition. Constitutional carry does not help; see What Does Constitutional Carry Mean in Florida?.
• Pull your certified court records first. Whether adjudication was withheld, and when your sentence ended, decide everything else.
• Eligible is not entitled. Every grant is discretionary.
• You don't need a lawyer to apply — but a mistake about which ban applies can turn a restoration effort into a new felony case.

Restoring Your Rights in Broward or Miami-Dade: Start With an Honest Review

Before you file anything — or touch a firearm — know which prohibitions apply to you and which path, if any, is open. Carolle El-Naffy reviews the record, the disposition, and the dates, and gives you a straight answer.

Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available