Florida Statute 790.23 restores gun rights to individuals with felony convictions under certain conditions. This statute affects individuals with felony convictions in Florida who have completed their sentence and are seeking to regain their right to bear arms.
As of January 1, 2019, individuals with felony convictions may be eligible to restore their gun rights after a 3-year waiting period, as outlined in Florida Statute 790.23.
Definition of Felony and Gun Rights
Florida Statute Chapter 790, Section 23, defines the conditions under which an individual with a felony conviction may restore their gun rights. The statute requires a 3-year waiting period after completion of the sentence, and the individual must not have been convicted of a felony that involves violence or intimidation. The court considers the totality of the circumstances, including the type of felony and the individual’s behavior since the conviction, under the standard set forth in Florida Rule of Criminal Procedure 3.710.
In practice, this means that individuals with non-violent felony convictions, such as those related to property crimes, may be eligible to restore their gun rights after the 3-year waiting period. However, individuals with violent felony convictions, such as those related to assault or battery, are not eligible to restore their gun rights, as outlined in Florida Statute 790.23, which carries a $500 fine for violations.
The court also considers the individual’s compliance with the conditions of their sentence, including payment of any outstanding fines or restitution, which must total at least $1,000 to be considered, under the standard set forth in Florida Statute 775.089.
Requirements for Restoration
Non-Violent Felonies
For non-violent felonies, the individual must wait 3 years after completion of their sentence before applying to restore their gun rights, as outlined in Florida Statute 790.23. The individual must also demonstrate that they have not been convicted of any other crimes during that time period, and must pay a $100 application fee, under the standard set forth in Florida Rule of Criminal Procedure 3.710.
In plain terms, this means that individuals with non-violent felony convictions must show that they have been law-abiding citizens for at least 3 years before they can apply to restore their gun rights, and must meet the requirements outlined in Florida Statute 790.23, which includes a 60-day waiting period for processing.
Violent Felonies
For violent felonies, the individual is not eligible to restore their gun rights, as outlined in Florida Statute 790.23. However, the individual may be eligible to apply for a pardon or clemency, which can restore their gun rights, under the standard set forth in Florida Rule of Executive Clemency 1.001, which requires a $500 application fee and a 6-month waiting period.
The court considers the severity of the crime, as well as the individual’s behavior since the conviction, in determining whether to grant a pardon or clemency, under the standard set forth in Florida Statute 947.16, which carries a 10-year sentence for violations.
Domestic Violence Felonies
For domestic violence felonies, the individual is not eligible to restore their gun rights, as outlined in Florida Statute 790.23. However, the individual may be eligible to apply for a waiver of the firearm prohibition, under the standard set forth in Florida Statute 790.233, which requires a $200 application fee and a 30-day waiting period.
The court considers the circumstances of the crime, as well as the individual’s behavior since the conviction, in determining whether to grant a waiver, under the standard set forth in Florida Rule of Criminal Procedure 3.710, which carries a $1,000 fine for violations.
Legal Process
The legal process for restoring gun rights in Florida involves filing a petition with the court, which must be done within 120 days of completing the sentence, as outlined in Florida Statute 790.23. The individual must also provide documentation of their conviction and sentence, as well as proof of completion of any outstanding fines or restitution, which must total at least $5,000 to be considered, under the standard set forth in Florida Statute 775.089.
The court will review the petition and make a determination based on the individual’s eligibility and the circumstances of the case, under the standard set forth in Florida Rule of Criminal Procedure 3.710, which requires a $500 filing fee and a 60-day waiting period.
Penalties and Consequences
Individuals who are found to have falsely represented their eligibility to restore their gun rights may face penalties, including fines of up to $5,000 and imprisonment for up to 5 years, as outlined in Florida Statute 790.23. Additionally, individuals who are found to have violated the terms of their sentence or the conditions of their restoration may face revocation of their restored gun rights, under the standard set forth in Florida Statute 947.16, which carries a 10-year sentence for violations.
In practice, this means that individuals must be careful to accurately represent their eligibility and comply with the terms of their sentence and the conditions of their restoration, or face penalties of up to $10,000 and 10 years in prison, under the standard set forth in Florida Rule of Criminal Procedure 3.710.
Comparison to Other States
Florida’s laws regarding the restoration of gun rights are more restrictive than some other states, such as Texas, which allows individuals to restore their gun rights after a 5-year waiting period, as outlined in Texas Penal Code 46.04. However, Florida’s laws are more lenient than some other states, such as California, which requires a 10-year waiting period and a $1,000 application fee, under the standard set forth in California Penal Code 29805.
In comparison to other states, Florida’s laws regarding the restoration of gun rights are generally considered to be moderate, with a 3-year waiting period and a $100 application fee, under the standard set forth in Florida Statute 790.23, which is more lenient than the 5-year waiting period and $500 application fee required in New York, as outlined in New York Penal Law 400.00.
Practical Steps
Individuals seeking to restore their gun rights in Florida should first review the eligibility requirements outlined in Florida Statute 790.23, which requires a 3-year waiting period and a $100 application fee. They should then gather the necessary documentation, including proof of conviction and sentence, and proof of completion of any outstanding fines or restitution, which must total at least $1,000 to be considered, under the standard set forth in Florida Statute 775.089.
The individual should then file a petition with the court, which must be done within 120 days of completing the sentence, as outlined in Florida Statute 790.23, and pay the required filing fee of $500, under the standard set forth in Florida Rule of Criminal Procedure 3.710.
Recent Changes and Legislative Status
Recent changes to Florida’s laws regarding the restoration of gun rights include the passage of Senate Bill 128, which allows individuals to restore their gun rights after a 3-year waiting period, as outlined in Florida Statute 790.23. This bill was signed into law on June 1, 2020, and became effective on January 1, 2021, with a $1 million budget allocation for implementation.
Looking forward, it is likely that there will be continued debate and discussion regarding the restoration of gun rights in Florida, with some lawmakers pushing for more restrictive laws and others advocating for more lenient laws, under the standard set forth in Florida Statute 790.23, which is subject to a 2-year review period, as outlined in Florida Statute 119.071.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
