Cape Coral, FL asked in Criminal Law for Florida

Q: Can I obtain a firearm despite a felony conviction 40 years ago?

I was convicted of Theft by unlawful taking as a felony 40 years ago but have had no other negative contact with police since then. I am interested in obtaining a legal firearm for home protection and deer hunting. Is there any legal path I can take to make this possible?

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2 Lawyer Answers
Jeffrey H. Garland
PREMIUM
Answered

A: You don't indicate which State or federal court this took place in. You could start by contacting the clerk for that court to see obtain copies of the sentencing documents. You may not have been "convicted" in a way that would deprive you of your 2nd Amendment rights. In Florida, you might have received a withhold of adjudication, which would not cause a loss of 2nd Amendment rights, So you need to know where you stand before you can determine where to go and how to get there.

James L. Arrasmith
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Answered

A: Having a felony conviction, even one from 40 years ago, can complicate your ability to legally obtain a firearm. Federal law generally prohibits individuals convicted of felonies from purchasing or possessing firearms. However, there are exceptions, and you may be able to restore your rights under certain conditions.

One possible path is applying for a "restoration of rights." Some states have processes that allow individuals with old felony convictions to petition the court for the restoration of their firearm rights. The process and eligibility requirements vary depending on the state, but it typically involves proving that you’ve rehabilitated and have maintained a clean record since your conviction.

If you're interested in pursuing this, it's a good idea to speak with a lawyer who can help you understand the specific requirements in your state and guide you through the restoration process. They can also help determine whether there are any other legal pathways available for you to regain the ability to legally own a firearm.

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