Fort Lauderdale, FL asked in Criminal Law and Civil Rights for Florida

Q: hello, are there any florida cases granting 2nd amendment rights to a felon?

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2 Lawyer Answers
Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: There are some constitutional rights that are forfeited upon a felony conviction: voting and firearm possession come to mind as the rights most often of concern. Many people seem more concerned with having guns and ammo than participating in the democratic process of elections. Amendment 4, passed overwhelmingly by Florida voters, provided a mechanism for convicted felons to have voting rights restored. Conservatives in the state legislature have been doing everything in their power to thwart the will of the people and put up speed-bumps in the way of people who just want to vote. There's a political reason for this. Regarding guns, convicted felons can apply to have their civil right to own and possess firearms restored by an application for clemency/rights restoration to the Board of Executive Clemency. That board is comprised of the Governor, and the members of his cabinet. Don't hold your breath waiting for them to grant your petition, though I can't imagine why they wouldn't want more people to own more guns.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I assume you would like to know if a convicted felon has the right to possess a firearm pursuant to the Second Amendment, despite the conviction, and if there are any florida court decisions establishing such a right. The answer to that would be no, and no. However, convicted felons who have completed their sentences may apply for clemency, including applying for restoration of firearm rights.

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