How can a felon restore gun rights in Florida?

Apply to the Florida Office of Executive Clemency for Restoration of Civil Rights including Firearms Authority (RCRF). Requires completion of the 8-year waiting period and a full hearing.

What is the waiting period for gun rights restoration in Florida?

8 years after completion of all sentence terms (including probation, parole, and financial obligations) before clemency application.

Are there exceptions to gun rights restoration in Florida?

There is no court-based petition process in Florida. All felony convictions require executive clemency. The backlog for clemency hearings can be years long.

How long do I have to wait to apply for gun rights restoration in Florida?

A minimum of 8 years after completing all sentence terms, including prison, probation, parole, and payment of all restitution and fines. After applying, the investigation and hearing can take an additional 1 to 7+ years. Some applicants report waiting over a decade after becoming eligible before their case is heard.

What is the difference between RCR and RCRF?

RCR (Restoration of Civil Rights) restores rights like voting, serving on a jury, and holding public office — but explicitly EXCLUDES firearm rights. RCRF (Restoration of Civil Rights with Firearm Authority) includes firearm rights and requires a separate, more rigorous application with a full hearing before the Clemency Board. Since Amendment 4 (2018), voting rights are restored automatically upon sentence completion, making RCR primarily relevant for other civil rights.

Can I possess a firearm in Florida with a federal felony conviction?

No. Florida Statutes 790.23 applies to 'any person who has been convicted of a felony' — this includes federal felony convictions. You face both the state prohibition under Florida law and the federal prohibition under 18 USC 922(g)(1). Federal felons face additional barriers because Florida clemency only addresses the state prohibition; a presidential pardon or the revived federal 925(c) process would be needed for the federal ban.

What happens if a felon is caught with a gun in Florida?

A felon caught possessing a firearm in Florida faces a second-degree felony charge under Florida Statutes 790.23, carrying up to 15 years in prison, 15 years of probation, and a $10,000 fine. Under Florida's 10-20-Life mandatory minimum sentencing law, if the firearm is used in the commission of certain felonies, mandatory minimum sentences of 10, 20, or 25-to-life years apply. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.

Is there pending legislation to make gun rights restoration easier in Florida?

As of early 2025, a bill was proposed in the Florida legislature to reduce the waiting period from 8 to 5 years and allow online application submissions. It passed initial committee review and was pending a Senate vote. Additionally, in March 2026, Attorney General Uthmeier argued that banning nondangerous felons from possessing firearms is unconstitutional. These developments may lead to changes, but as of March 2026, the existing law and 8-year waiting period remain in effect.

Does a Florida pardon automatically restore gun rights?

It depends on the type of pardon. A 'full pardon' in Florida restores all rights, including firearm rights. However, pardons can be conditional and may not include firearm restoration unless specifically stated. Make sure any pardon you receive explicitly includes restoration of the right to own, possess, and use firearms. A full pardon is extremely rare — it is reserved for cases demonstrating extraordinary circumstances.

Can I use the new federal 925(c) process instead of Florida clemency?

The revived federal 18 USC 925(c) process (as of March 2025) addresses only the federal firearms disability — it does not affect the Florida state prohibition under FS 790.23. Even if you obtain federal relief, you would still violate Florida state law by possessing a firearm without state clemency. Conversely, Florida clemency (RCRF) without addressing the federal ban would leave you in violation of federal law. Ideally, both state and federal disabilities should be addressed.

What role does the Florida Commission on Offender Review (FCOR) play?

FCOR handles the investigation and administrative processing of clemency applications. It conducts background investigations, compiles case files, and places eligible cases on the Clemency Board's agenda. However, FCOR does not make the final decision — that rests solely with the Board of Executive Clemency (Governor and three Cabinet members). FCOR can be reached at (850) 488-2952 or through its website at fcor.state.fl.us.

Felon Gun Rights in Florida

Must petition for restoration

No, unless you receive executive clemency. Florida permanently bans all felons from possessing firearms with no automatic restoration and no court petition process. The only path is applying to the Board of Executive Clemency for Restoration of Civil Rights with Firearm Authority (RCRF). You must wait 8 years after completing your entire sentence before applying, and the backlog can take additional years. In March 2026, the Florida AG argued that bans on nondangerous felons are unconstitutional, but the law has not changed yet.

Last updated: 2026-03-21

Overview

Florida permanently prohibits firearm possession for all felony convictions under Florida Statutes 790.23. The only path to restoration is through executive clemency from the Florida Board of Executive Clemency, which consists of the Governor and three Cabinet members. There is no court-based petition process and no automatic restoration. The process requires an 8-year waiting period after completing all sentence terms before even applying, and the clemency backlog can add years of additional wait. Florida is widely regarded as one of the most difficult states for gun rights restoration. In a significant 2026 development, Florida Attorney General James Uthmeier has argued that the categorical ban on nondangerous felons possessing firearms is unconstitutional under the Second Amendment, though this has not yet changed the law.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are federally prohibited from possessing firearms. Because Florida does not have an automatic restoration mechanism, the federal ban applies in full to all Florida felons. Executive clemency that restores civil rights (including the right to vote, hold office, and serve on a jury) may lift the federal disability under the 'civil rights restored' exception in 18 USC 921(a)(20) — but only if the clemency does not expressly exclude firearms. Florida's Restoration of Civil Rights without Firearm Authority (RCR) does NOT lift the federal ban because it expressly excludes firearm rights. Only the RCRF (with Firearm Authority) or a full pardon removes both state and federal disabilities. The revived federal 18 USC 925(c) process (as of March 2025) may provide an alternative pathway.

Can restore gun rights

✓Persons convicted of non-violent felonies who have completed all sentence terms (including prison, probation, parole, and financial obligations) and waited 8 years — may apply for Restoration of Civil Rights with Firearm Authority (RCRF)
✓Persons who receive a full pardon from the Board of Executive Clemency — full restoration of all rights including firearms
✓Persons whose conviction is overturned or vacated — restoration upon final disposition
✓Persons eligible for federal relief under the revived 18 USC 925(c) process (addresses the federal ban separately from state clemency)

Cannot restore gun rights

✗Persons who have not completed all sentence terms — including prison, probation, community supervision, and full payment of restitution, fines, and court costs
✗Persons within 8 years of sentence completion — not eligible to apply for RCRF
✗Persons with outstanding criminal charges or pending cases
✗Persons who owe more than $1,000 in fines or financial penalties in criminal or traffic cases
✗Persons convicted of capital or life felonies — extremely unlikely to receive clemency with firearm authority
✗Persons convicted of violent felonies involving use of a firearm — face significant additional scrutiny and are rarely approved
✗Persons who received Restoration of Civil Rights without Firearm Authority (RCR) — this does not restore gun rights; a separate RCRF application is required

Step-by-Step Process

Complete your entire sentence

You must complete all terms of your sentence, including prison time, probation, parole, community control, and any other form of supervision. All restitution must be paid in full. Fines and financial penalties in criminal or traffic cases must total no more than $1,000 outstanding.

Wait the 8-year mandatory waiting period

After completing all sentence terms, you must wait a minimum of 8 years before applying for Restoration of Civil Rights with Firearm Authority (RCRF). During this period, you must maintain a crime-free record. Any new arrests or convictions will reset your eligibility.

Obtain required documentation

Gather all required documents including: certified copies of the charging document (information or indictment), judgment, and sentence for each felony conviction; proof of completion of all sentence conditions; documentation of any arrests since conviction; and any supporting materials demonstrating rehabilitation (employment records, community involvement, character references).

Submit the RCRF application to the Office of Executive Clemency

Download the application from the Florida Commission on Offender Review website (fcor.state.fl.us) or request one by mail. Complete the application for Restoration of Civil Rights with Firearm Authority (RCRF) — this is a separate, more rigorous process than the standard RCR (without firearms). Submit the completed application and all supporting documents to the Office of Executive Clemency in Tallahassee.

Background investigation

The Florida Commission on Offender Review (FCOR) conducts a thorough background investigation. This includes verifying your criminal history, confirming sentence completion, reviewing post-release conduct, and interviewing references. This investigation can take 1 to 7 years depending on the complexity of your case and the current backlog.

Clemency Board hearing and decision

If your application passes the investigation, it is placed on the agenda for a Clemency Board hearing. The Board of Executive Clemency (Governor and Cabinet) reviews your case and makes the final decision. RCRF cases require a full hearing — they cannot be granted without a hearing. You may attend the hearing and present your case. The Board's decision is final and not subject to judicial review.

Waiting Period

Minimum 8 years after completion of all sentence terms (including prison, probation, parole, and financial obligations) before you may apply for RCRF. After application, the investigation and hearing process can take an additional 1 to 7+ years due to the significant backlog. Total realistic timeline from sentence completion to restoration is typically 9 to 15+ years. There is no mechanism for early relief except a full pardon, which is exceedingly rare.

Key Laws

Law	Year	Description
Florida Statutes 790.23 — Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons	1987 (amended through 2023)	Permanently prohibits any person convicted of a felony from owning or having in their care, custody, possession, or control any firearm, ammunition, or electric weapon. Violation is a second-degree felony (up to 15 years in prison). This is one of the strictest felon-in-possession statutes in the nation — no exceptions, no waiting period for automatic restoration.
Florida Statutes Chapter 940 — Executive Clemency	1941 (amended through 2023)	Establishes the clemency process in Florida. The Board of Executive Clemency consists of the Governor and Cabinet (Attorney General, Chief Financial Officer, and Commissioner of Agriculture). Defines the types of clemency available: Restoration of Civil Rights (RCR), Restoration of Civil Rights with Firearm Authority (RCRF), full pardon, commutation of sentence, and remission of fines.
Rules of Executive Clemency (Amended March 2011)	2011	The administrative rules governing the clemency process, adopted by the Board of Executive Clemency. Established the 8-year waiting period for RCRF (increased from 5 years in the 2011 revision under Governor Rick Scott). Also established the separate hearing requirement for RCRF cases. These rules are not statutory — they are administrative and can be changed by the Board without legislative action.
Amendment 4 (2018) — Voting Rights Restoration	2018	Constitutional amendment that automatically restored voting rights for most felons upon completion of sentence. Important: Amendment 4 specifically EXCLUDED the right to bear arms. Firearm rights must still be restored through the separate RCRF clemency process. This amendment did not change the gun rights restoration landscape.
Florida Attorney General Opinion — Nondangerous Felons and Second Amendment (2026)	2026	In February 2026, Florida Attorney General James Uthmeier concluded in a legal brief that the categorical ban on nondangerous felons possessing firearms may violate the Second Amendment, arguing that 'the government can dispossess felons whose convictions indicate that the felon is dangerous, but not merely all felons as a categorical matter.' This opinion has not changed the law but may influence future litigation and legislation.

Edge Cases

I got my voting rights back under Amendment 4. Does that mean my gun rights are restored too?

No. Amendment 4 (2018) explicitly excluded firearm rights from automatic restoration. It restored only voting rights upon completion of sentence. Firearm rights require a separate application for Restoration of Civil Rights with Firearm Authority (RCRF) through the clemency process, which has its own 8-year waiting period and hearing requirement. The two processes are completely independent.

I received Restoration of Civil Rights (RCR) without firearm authority. Can I possess a gun?

No. RCR without firearm authority explicitly excludes the right to possess firearms. You must apply separately for RCRF (with Firearm Authority), which requires a full hearing before the Clemency Board. Receiving RCR is not a prerequisite for RCRF, but the RCRF process is more stringent and has a longer backlog.

My felony conviction was in another state, but I now live in Florida. Can I possess a gun?

No. Florida Statutes 790.23 prohibits firearm possession by any person convicted of a felony in any jurisdiction. Even if your rights were restored in the state of conviction, Florida may not recognize that restoration. Florida law applies independently — you would need to either ensure that the other state's restoration is recognized under Florida law or apply for Florida clemency.

What about the Florida AG's 2026 opinion that banning nondangerous felons from having guns is unconstitutional?

As of March 2026, Attorney General Uthmeier's opinion is a legal argument in a specific court case, not a change in the law. Florida Statutes 790.23 still categorically prohibits all felons from possessing firearms. Until the courts rule or the legislature acts, the ban remains enforceable. Do not rely on this opinion as a basis for possessing a firearm — you could still be arrested and prosecuted under existing law.

Can I possess a firearm if my felony was later reduced to a misdemeanor?

Florida does not have a 'wobbler' system like California. However, if your felony conviction was reversed, vacated, or expunged, the firearms prohibition may no longer apply. Florida does allow expungement or sealing of some records, but this is limited and does not apply to most serious felonies. Consult an attorney to determine if your specific situation qualifies.

How long does the entire RCRF process realistically take?

The realistic timeline is typically 9 to 15+ years from sentence completion. This includes the mandatory 8-year waiting period plus 1 to 7+ years for the investigation and hearing process. Attorneys report that some clients wait a decade or more after meeting the 8-year threshold before their case reaches a hearing. The backlog varies depending on the volume of applications and the Board's schedule.

Frequently Asked Questions

Can a felon get gun rights back in Florida?: Only through executive clemency. Florida has no automatic restoration, no court petition process, and no expungement pathway for gun rights. You must apply to the Board of Executive Clemency for Restoration of Civil Rights with Firearm Authority (RCRF). This requires completing your entire sentence, waiting 8 years, and undergoing a full investigation and hearing. The process is extremely lengthy and approval is not guaranteed.
How long do I have to wait to apply for gun rights restoration in Florida?: A minimum of 8 years after completing all sentence terms, including prison, probation, parole, and payment of all restitution and fines. After applying, the investigation and hearing can take an additional 1 to 7+ years. Some applicants report waiting over a decade after becoming eligible before their case is heard.
What is the difference between RCR and RCRF?: RCR (Restoration of Civil Rights) restores rights like voting, serving on a jury, and holding public office — but explicitly EXCLUDES firearm rights. RCRF (Restoration of Civil Rights with Firearm Authority) includes firearm rights and requires a separate, more rigorous application with a full hearing before the Clemency Board. Since Amendment 4 (2018), voting rights are restored automatically upon sentence completion, making RCR primarily relevant for other civil rights.
Can I possess a firearm in Florida with a federal felony conviction?: No. Florida Statutes 790.23 applies to 'any person who has been convicted of a felony' — this includes federal felony convictions. You face both the state prohibition under Florida law and the federal prohibition under 18 USC 922(g)(1). Federal felons face additional barriers because Florida clemency only addresses the state prohibition; a presidential pardon or the revived federal 925(c) process would be needed for the federal ban.
What happens if a felon is caught with a gun in Florida?: A felon caught possessing a firearm in Florida faces a second-degree felony charge under Florida Statutes 790.23, carrying up to 15 years in prison, 15 years of probation, and a $10,000 fine. Under Florida's 10-20-Life mandatory minimum sentencing law, if the firearm is used in the commission of certain felonies, mandatory minimum sentences of 10, 20, or 25-to-life years apply. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.
Is there pending legislation to make gun rights restoration easier in Florida?: As of early 2025, a bill was proposed in the Florida legislature to reduce the waiting period from 8 to 5 years and allow online application submissions. It passed initial committee review and was pending a Senate vote. Additionally, in March 2026, Attorney General Uthmeier argued that banning nondangerous felons from possessing firearms is unconstitutional. These developments may lead to changes, but as of March 2026, the existing law and 8-year waiting period remain in effect.
Does a Florida pardon automatically restore gun rights?: It depends on the type of pardon. A 'full pardon' in Florida restores all rights, including firearm rights. However, pardons can be conditional and may not include firearm restoration unless specifically stated. Make sure any pardon you receive explicitly includes restoration of the right to own, possess, and use firearms. A full pardon is extremely rare — it is reserved for cases demonstrating extraordinary circumstances.
Can I use the new federal 925(c) process instead of Florida clemency?: The revived federal 18 USC 925(c) process (as of March 2025) addresses only the federal firearms disability — it does not affect the Florida state prohibition under FS 790.23. Even if you obtain federal relief, you would still violate Florida state law by possessing a firearm without state clemency. Conversely, Florida clemency (RCRF) without addressing the federal ban would leave you in violation of federal law. Ideally, both state and federal disabilities should be addressed.
What role does the Florida Commission on Offender Review (FCOR) play?: FCOR handles the investigation and administrative processing of clemency applications. It conducts background investigations, compiles case files, and places eligible cases on the Clemency Board's agenda. However, FCOR does not make the final decision — that rests solely with the Board of Executive Clemency (Governor and three Cabinet members). FCOR can be reached at (850) 488-2952 or through its website at fcor.state.fl.us.

Take Action — Direct Links

Florida Commission on Offender Review — Clemency Application Information
Official page for downloading clemency application forms, including the RCRF application for gun rights restoration, with detailed instructions and required documentation.
Florida Commission on Offender Review — Clemency Overview
Overview of the Florida clemency process, types of clemency available, and how the Board of Executive Clemency operates.
Florida Commission on Offender Review — Civil Rights Restoration
Explains the distinction between RCR (without firearms) and RCRF (with firearms) and the eligibility requirements for each.
Florida Rights Restoration Coalition — Clemency Guide
Nonprofit guide to the clemency process in Florida with practical tips, FAQs, and links to legal assistance for people seeking rights restoration.
CCRC — Florida Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Florida, including clemency, expungement, and record sealing.
Florida Statutes Chapter 790 — Weapons and Firearms (Full Text)
Full text of Florida's weapons and firearms statutes, including Section 790.23 on felon-in-possession prohibitions.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options, which may provide an alternative pathway for the federal prohibition.