To restore gun rights in Florida after a felony conviction, you have to apply to the Florida Board of Executive Clemency for a specific type of relief called Specific Authority to Own, Possess, or Use Firearms. It is separate from getting your civil rights back, it requires an eight-year wait after your sentence ends, and it involves a hearing before the Governor and Cabinet. Approval is discretionary, and understanding what the board actually requires is the difference between a real application and a wasted one.
Civil Rights Restoration Is Not Firearm Rights Restoration
This is where most applicants go wrong. Florida’s clemency system offers several forms of relief, and two of them sound like they might cover guns. Only one does.
Restoration of Civil Rights gives back voting (if not already restored under Amendment 4), jury service, and the ability to hold public office. It does not restore the right to possess a firearm. Even after your civil rights come back, touching a gun is still a felony under Florida law.
Specific Authority to Own, Possess, or Use Firearms is the clemency type that actually restores gun rights. Under Florida law, a person with a felony conviction may not possess firearms unless both civil rights and firearm authority have been restored.1Online Sunshine. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful Skip the firearm step and any gun you touch is grounds for a second-degree felony.
Who Can Apply
The eligibility list is short but strict. Every item has to be true before the board will look at your case.
- At least eight years have passed since you completed every part of your sentence, including prison, jail, probation, parole, and community control.
- You have no outstanding detainers, warrants, or pending criminal charges.
- You have paid all victim restitution for every case on your record, not just the case you want cleared.
- You do not owe more than $1,000 in fines, fees, or costs from any misdemeanor, criminal traffic, or felony adjudication-withheld case anywhere on your record.
- Your felony conviction happened in a Florida state court.
That last requirement rules out a lot of people. Federal, military, and out-of-state convictions cannot be cleared through Florida’s clemency process. The board has no jurisdiction over them.
If Your Conviction Is Federal, Military, or From Another State
Federal convictions require a presidential pardon or relief from firearms disabilities through the U.S. Department of Justice under 18 U.S.C. § 925(c). As of early 2026, DOJ has published a proposed rule to create a formal application process, but the final rule and the online application are not yet available.2U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 U.S. Code 925(c)
Out-of-state convictions have to be handled by the convicting state first. Some states restore rights automatically after sentence completion; others require a petition. Until the convicting state acts, Florida cannot help you with that conviction.
Filing the Application
Applications go to the Office of Executive Clemency, which sits under the Florida Commission on Offender Review in Tallahassee. There is no local courthouse filing and no online submission for the application itself. You use the Application for Clemency, which covers multiple clemency types, and you must clearly mark that you are requesting Specific Authority to Own, Possess, or Use Firearms. Incomplete applications get rejected rather than processed with missing pieces.3Florida Commission on Offender Review. Clemency
Documents You Need
For every felony on your record, you need certified copies of the charging document (indictment or information), the judgment, and the sentencing order, probation order, or community control order.
Beyond those court records, include proof that you finished your sentence. A certificate of completion from the Florida Department of Corrections or a letter from your supervising probation officer covers this. Documentation showing restitution paid and financial obligations resolved strengthens the file.
Character references aren’t required, but they help. Letters from employers, community leaders, or others who can speak to your conduct since the conviction give the board something to weigh beyond the paperwork. The board is looking for evidence of rehabilitation, not just proof that enough time has passed.
The Investigation and the Hearing
Once the Office of Executive Clemency accepts your application, expect months before anything happens. The Florida Department of Law Enforcement and other agencies run a background investigation, verify your eligibility, and compile a report for the board.
When your hearing is scheduled, you appear in front of the Board of Executive Clemency, which is made up of the Governor and Cabinet. At least two Cabinet members must agree with the Governor to grant clemency.4Florida Senate. Florida Statutes Chapter 940 – Clemency You can bring an attorney, and given the questions the board tends to ask about your history and what you have done since, most applicants benefit from having one.
There is no formula for how the board decides. Members look at your full criminal history, what you have done since, your community ties, your employment, and how you present at the hearing. Two applicants with nearly identical records can get different outcomes.
If the Board Approves or Denies
An approval comes as an executive order restoring your authority to own, possess, and use firearms. Keep the document. It is your proof.
A denial does not come with a required explanation, though the board may point to areas of concern. You can reapply after a waiting period, but repeating the same application without addressing whatever caused the denial rarely works. Talking to an attorney about what likely went wrong before you refile is the practical step.
Federal Law Still Applies
Florida clemency does not automatically clear you under federal law, and this is where people end up in serious trouble. Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms.5Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts The penalty runs up to 15 years.6Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties
There is a carve-out. Under 18 U.S.C. § 921(a)(20), a conviction does not count for federal purposes if the person has been pardoned or had civil rights restored, as long as the restoration does not expressly prohibit firearms possession.7Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions A Florida grant of Specific Authority to Own, Possess, or Use Firearms alongside restored civil rights, with no restrictions on either order, should satisfy that standard for a Florida state conviction. Should, not will. Federal enforcement and state databases don’t always sync up, which creates real problems at gun stores.
Domestic Violence Convictions Are Different
Federal law imposes a separate bar for anyone convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9). It applies even though the offense is a misdemeanor, and it applies no matter how long ago the conviction happened.8U.S. Department of Justice. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence Qualifying offenses include the use or attempted use of physical force against a spouse, former spouse, co-parent, or someone you lived with in a similar relationship.
The § 921(a)(20) exception can apply here, but only if the restoration explicitly permits firearm possession. If any domestic violence conviction sits on your record, at any level, get legal advice before assuming any clemency order clears you federally.
If a Background Check Denies You After Restoration
Even with Florida’s order in hand, you can still get denied when a dealer runs a check through the National Instant Criminal Background Check System. Your felony stays in FBI records, and if the restoration has not been entered into the databases NICS pulls from, the check comes back denied.
You can challenge the denial. The FBI’s electronic portal at edo.cjis.gov lets you submit your executive order as documentation that was not available to NICS on the initial check. The FBI must respond within 60 calendar days.9Federal Bureau of Investigation. Challenges / Appeals
If false matches keep hitting you, such as a common name that flags every time, you can apply for a Unique Personal Identification Number through the FBI’s Voluntary Appeal File. The UPIN attaches to your record and helps NICS identify you correctly going forward. Processing takes a couple of months.10Federal Bureau of Investigation. Voluntary Appeal File
Costs and Timing
Florida does not charge a filing fee. Real costs come from getting certified court documents (per-page fees at each clerk’s office, which adds up if your convictions span multiple counties) and from hiring an attorney if you decide to. You can represent yourself, but the board meets only periodically, and a denial can put you years away from a second try.
Time is the other cost. Eight years of waiting to become eligible, months of background investigation once you file, and a scheduling backlog for hearings all add up. Collecting your documents before you become eligible saves weeks or months when you’re ready to submit.