Authority to own a firearm
Under the Florida Office of Executive Clemency, an ex-offender who has “completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 8 years” may apply for authority to own, possess or use a firearm.
In addition to waiting 8 years, “[y]ou may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction.”
If you qualify, you can apply for this authority by using and following the instructions on this form.
Unfortunately, “[i]ndividuals convicted in a federal, military, or out-of-state court are not eligible to apply.” which might present a legal argument.
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I filled out this paperwork back in 2013 and I am still waiting for a response. This is my third attempt to get my civil rights restored in 17 years. This time, since it was 12 years after my sentence, I put in a request for all three, hoping for one. I know that the deck is stalked against us RSO but I keep trying.
i just read the form and it states you must go through an in-depth interview. Has anyone been through this process and it’s been granted? I don’t want to get my mental hopes up the slightest bit and money is tight. I don’t need another mental setback nor want to spend the money paying for certified documents if it will just be another waste of time and money.
Does this apply to a rso, even if no probation was ever given and there was no victim. There will always be additional sentences or tacked on conditions
This applies to people in Florida with a Felony conviction.
People with misdemeanors or withheld adjudication never lost their right.
I tried getting a remote customer service position that would allow me to work from home. I met all the requirements but my rex offender registration came up on the background check and it cost me the job. For a remote position. Just an example of the sex offender registry being massively punitive as all offenders know. When it stops a person from getting a remote position with no contact with anyone how can the punitive nature be denied?
Pretty much the same “logic” as not allowing RSO to have social media accounts.
The punitive nature can not be denied and yet, it is allowed.
Those labelled as “sex offenders” get that label for life and are made an example of just what the government can do if you piss it off…let that be a lesson to all the “good” people just what can happen to them if they get out of line.
It is just using laws to impose morality on individuals in 99% of the cases. Whose morality? Well look no further than your wallet. Look what is on every bill and coin – “In God We Trust” so which god would that be?
I will tell you – the sexually repressed christian god. Get back to the separation of church and state and let facts and reality determine the laws we are forced to live under – NOT antiquated superstition based on ancient fears and decision made by christian judges!
Unfortunately this is not just a ‘church and state’ thing. I hesitate to admit it, but I have been a Republican all my life, and much of our withheld civil rights are Republican government restrictions. The Christian attitude is to admit your wrong, pay your debt, and move on. Repentance and forgiveness is a hallmark of Christianity. Unforgiveness is a trait of Satan to withhold our ability to enjoy life as we were created to do. Anytime you experience unforgiveness, you are not experiencing Christianity, be it in the court room, the sheriff’s office, or a church…some churches are more secular than Christian. Jesus’ direction was to go and sin no more. It is the influence of the true Christian church that influenced and gave us the freedoms we have today.
It should be how ‘Christians’ behave yet all too often politicians who claim to be Christian do not live those values. They see RSO’s as easy political wins and truly have no compassion or think beyond the surface.
Andrew, the Bible says we will know Christians ‘by their fruits’. Not all who claim to be Christians will be welcomed into Heaven. Politicians tend to be whatever will garner them the most votes. Their acts, not their words, are determining factors. The same goes for all of us. We must live and not just speak of holiness. We must be willing to treat others as we would want to be treated. For some that’s a big order. I guess that is why many secretly rejoice when a politician is caught in violating the law,
I completely agree with you. The world would be a much better place if everyone simply followed the Golden Rule. The problem with most ‘organized religions’ is that humans are involved. Our human shortcomings usually result in religion being used to assert man’s dominion over man instead of being what it should be about. I have long said that if you look in a bookstore what section don’t you see? A section on how to be a worse person. We don’t need help with that. The largest section is self-help. My fondest hope is that those in office sincerely work for the betterment of our society but unfortunately, that doesn’t seem to be the case these days. All we can do is continue to be good stewards and lead by example.
Andrew, AMEN! I send letters frequently to politicians reminding them of their obligations and responsibilities. I know the chances are that they will never see my letters, but if I don’t send them it’s a guaranteed 100% that they will not see them. With me sending my letters there is a minute chance that by accident it will be seen. Anyway, at least I am doing what I should do as a concerned citizen.
Capt., you are very right. If we do nothing then… It is one of the blessings of a democracy, even one as troubled as ours, for citizens to be able to affect the process by voicing concerns to the people elected to represent us. We can vote, we can do what we can to change the world immediately around us and hope for a ripple effect. The system was not designed to have career politicians but here we are. So keep doing what you are doing and let’s keep holding up the light.
If my case resulted in adjudication withheld as opposed to a felony conviction, do I need to go through the same process? I received early termination of my probation over four years ago. Thank you for your knowledge.
No, you do not.
You had better double check that. I heard that the ATF has a different interpretation than they did say 15 years ago. They had no idea what withhold was back then, but they may now count it as a conviction for Federal purposes which would mean, ironically, that someone in that situation would have no recourse as opposed to recourse that it highly unlikely. Some folks had similar problems with pardons given out somewhere in the Pacific Northwest. ATF determined that because your pardoned crime could be used to enhance future penalties, it was not a “true” pardon. I would not be surprised if they have a similar interpretation for North Carolina law where, as best as I can tell, your long gun rights are restored, but you lose your handgun rights forever.
What about so still on the registry?
You can still apply for restoration if you meet the requirements.