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Petition for Gun Rights Restoration

Petition for gun rights restoration

Has the Florida Department of Agriculture sent you a denial letter for your ability to either carry a concealed weapon or purchase firearms? Are you a law-abiding citizen who believes in your Second Amendment ability to carry a gun or weapon to protect your family, your business, and, of course, yourself? If you received a denial letter, please know that you can get help.

Why Would My Gun Rights Be Denied in Florida?

Under Florida law Section 790.065(2), you may not own or carry a firearm if any of the following applies:

  • You were convicted of a felony 
  • You were committed to a mental institution
  • You were adjudicated mentally defective 

If you were committed to a mental institution or were adjudicated mentally defective by a doctor, you’ll be denied your rights to own or carry a firearm. Until a court order relieves you of such “disabilities,” that notation on your record will enable law enforcement to issue a warrant for your arrest should you try to purchase or possess a firearm anyway.  

Under Florida law Section 790.064(3), you can petition the court that adjudicated you mentally unfit and request to restore your gun rights by removing the firearm restriction or disability from your record. At The Umansky Law Firm, we are committed to helping our clients regain their gun rights by assisting with this process.

How Does Petitioning to Have My Gun Rights Restored Work?

Florida law Section 790.065(2) provides the procedure that must be followed to restore gun rights and remove this notation of firearm restriction or disability. At the Umansky Law Firm, our gun rights lawyers will advise you through this entire process. Florida law requires that the petition be filed in the same division in which the order was entered and served on the state attorney of the county in which the person was committed or adjudicated. 

There will be a hearing to consider whether your gun rights should be restored. You can choose if this will be an open or closed hearing. Your attorney and the state attorney can subpoena witnesses and present evidence. During the hearing, your attorney will present evidence and cross-examine expert witnesses who can attest to your capability and why your gun rights should be restored. After the hearing, the court will decide whether to grant or deny your petition to restore your gun rights.

What Must the Court Find Before Restoring My Gun Rights?

To restore your gun rights, the court must find:

  • That you will not be likely to act in a manner that is dangerous to public safety 
  • That removing the firearm restriction or disability would not be contrary to the public interest

If the court denies your petition, you must wait one year before submitting another petition for gun rights restoration. If you wish to appeal the order denying relief, you can do so to the District Court of Appeals. 

If the court grants your petition, they must send proper notice to the Department of Agriculture and Consumer Services. At this point, the mental health record will be deleted from the automated database, and you can then purchase firearms or receive a concealed weapons permit. 

Sample Petition to Remove a Court Imposed Firearm Disability

IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT

IN AND FOR _________________ COUNTY, FLORIDA

IN RE: __________________________

CASE #:   ______________

DIVISION: ____________

                                                   PETITION FOR RELIEF FROM FIREARM  DISABILITIES IMPOSED BY THE COURT

THIS MATTER is presented to the Court on _______________ (date) by Petitioner, ________________________, on a Petition for Relief from Firearms Disabilities Imposed by the Court on _______________________ pursuant to Section 790.064(3) and/or 790.065.

The Petitioner was ordered for:

  • Ordered to Involuntarily Substance Abuse Assessment and Stabilization (s. 397.6818, F.S.) on ____________
  • Ordered to Involuntary Substance Abuse Treatment (s. 397.6957, F.S.) on ____________________________
  • Ordered to Involuntary Inpatient Placement (s. 394.467(6), F.S.) on _________________________________
  • Ordered to Involuntary Outpatient Placement (394.4655, F.S.) on ___________________________________
  • Found by Court to be of Imminent Danger but permitted by physician to transfer to voluntary status in lieu of involuntary placement order above (s. 790.065, F.S.) on ___________________________________________
  • Adjudicated incapacitated (s. 744.331, F.S.) or any similar law of any other state on _____________________
  • Acquittal by reason of insanity (s. 916.15 F.S.) of a person charged with a criminal offense on ____________
  • Judicial finding that a criminal defendant is not competent to stand trial (s. 916.12, F.S.) on ________________
  • The Petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest as follows: _____________________________________________________ _____________________________________________________

_____________________________________________________

  1. Based upon these facts, THE FOLLOWING IS REQUESTED:
  2. The firearms disability imposed dated _____________, be set aside and are no longer or further in force and effect.
  3. That pursuant to Florida Statute Section 790.064 and 790.065, the court shall grant the relief requested in the petition if the court finds, based on the evidence presented with respect to the petitioner’s reputation, the petitioner’s mental health record and, if applicable, criminal history record, the circumstances surrounding the firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.
  4. That pursuant to Florida Statute Section 790.064 and 790.065, the Florida Department of Law Enforcement shall delete any mental health record of __________________________________ from the automated database of persons who are prohibited from purchasing, owning or possessing a firearm, based on court records.
  5. Under penalties of perjury, I declare that I have read the foregoing Petition for Relief from the Firearm Disabilities Imposed by the Court and that the facts stated in it are true.

Signature of Petitioner: _________________________

Printed Name of Petitioner:  ________________________

Date of Birth: __________________________________

Mailing Address: ________________________________

Race: ______________ Gender: __________________  __________________________________

City                State                     Zip

Social Security Number: _________________________

Name and Address of Attorney for Petitioner (if any):

_____________________________________________

_____________________________________________

Call The Umansky Law Firm For Help Restoring Your Gun Rights

If you need to petition to have your gun rights restored, do not hesitate to contact the gun rights lawyers at the Umansky Law Firm for help. If we can, we would argue on your behalf to the judge to establish that you have the wisdom, capability, knowledge, and safety record to remove any restriction or disability that you may have on your record to own or possess a firearm. 

Your ability to protect yourself and your family is not lost. Our gun rights lawyer and criminal defense attorneys can help. To speak with a member of our team today, complete an online contact form or call our office at (407) 228-3838.

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