Florida Gun Rights Restoration Lawyers

How Katz & Phillips Can Help

The road to restoring gun rights is not easy. Between federal restrictions, state clemency procedures, and the high burden of proof, very few succeed without experienced legal help. Our firm focuses exclusively on gun rights defense and restoration.

We handle all aspects of the restoration process, allowing you to focus on rebuilding your life.

Step 1: Case Evaluation

The first and most critical step is a comprehensive case evaluation. We review your criminal history and the specific circumstances of your prohibition to determine your eligibility for restoration. We identify the legal avenue most likely to lead to success, whether through the Florida Office of Executive Clemency or another legal process.

Step 2: The Application & Petition

Depending on your situation, we assist you in preparing a detailed application for a restoration of civil rights or a petition to expunge or seal your record. This process requires meticulous attention to detail and a thorough understanding of the state's requirements. We work to submit accurate information and a professional submission of all necessary documents, which is crucial for a positive outcome.

Step 3: Clemency & Hearings

The most common path for felons to restore their gun rights is through the Florida Office of Executive Clemency. This process is complex, involving a period of eligibility and a formal application. We manage your application from start to finish, and if required, represent you during any clemency hearings. Our experience in this area means we are well-versed in the arguments and evidence that are most effective in demonstrating to the Clemency Board that you are a law-abiding and responsible citizen deserving of restoring your rights.

Step 4: Final Outcome

Once the application is submitted and all legal requirements are met, we track the process and notify you of the final decision. A successful outcome means you can legally purchase, possess, and carry firearms again in Florida.

Understanding Clemency & Expunction

Two standard terms appear in any discussion about restoring firearm rights: clemency and expunction (also called “expungement”).

Clemency refers to government action that forgives or reduces the penalties of a crime. At the federal level, this power belongs to the President; in Florida, it rests with the Governor and the Clemency Board. Clemency can take many forms, including full pardons, conditional pardons, commutations of sentence, and the specific authority to own or possess firearms after a felony conviction.

Expunction (or expungement) is the physical destruction of government records related to a criminal case. Sealing, by contrast, merely hides them from public view. Expunction is available in limited cases, usually when charges were dismissed or the person was acquitted. Importantly, felony convictions generally cannot be expunged in Florida.

Federal Law & Firearm Rights

Under the U.S. Constitution, the President has broad clemency powers. A Presidential pardon can restore certain civil rights, including owning firearms. However, a pardon does not erase the conviction, which must still be disclosed on applications and background checks.

Congress has provided very few statutory avenues for federal expunction. Some courts allow limited expunction in extreme circumstances, but federal judges rarely grant these petitions. The most reliable route to restore gun rights at the federal level is through a Presidential pardon or, in rare cases, certain expungements tied to drug possession offenses under federal law.

Phone (321) 425-8961 or reach us online for a confidential consultation with one of our Florida attorneys today. We serve clients in Orlando, Orange County, and statewide.