Gun Rights Restoration After Misdemeanor Battery

Restoring gun rights can often be tricky.  If you’ve wrapped up your probation for a misdemeanor battery charge in Florida, you might be wondering if you still have your gun rights. The rules around this can be a bit tricky, mixing both state and federal laws. Let’s break it down into easier terms to help you figure it all out.

What’s Misdemeanor Battery Anyway?

In Florida, misdemeanor battery means you either intentionally touched or struck someone against their will or intentionally caused them bodily harm. It’s considered a first-degree misdemeanor, which means it can lead to penalties like up to one year in jail, probation, and fines (Florida Statutes, Section 784.03).

How Does This Affect Your Gun Rights?

Now, there are some federal laws in play here. If you are CONVICTED on a misdemeanor battery charge which is linked to domestic violence, you’ll be barred from having a gun (18 U.S.C. § 922(g)(9)). This is a lifetime prohibition, even if you’ve finished your probation. However, if your battery charge isn’t related to domestic violence, those federal restrictions won’t apply.

In Florida specifically, your gun rights aren’t automatically taken away just because of a misdemeanor battery, unless you are CONVICTED in a domestic violence case. Just like under Federal law, a conviction for misdemeanor battery involving domestic violence will cause you to permanently lose your gun rights. A conviction for misdemeanor battery which does not involved domestic violence does not take away all of your gun rights. However, it will still prevent you from being able to get a concealed carry license for three years. Fortunately, Florida law allows a judge to “withhold adjudication of guilt,” which allows the court to punish you without formally convicting you of the crime.  If the Court withholds adjudication of guilt you will still not be able to get a Concealed Weapon and Firearms License unless 3 years has elapsed since probation or other conditions set by the court have been completed, or your record has been expunged. (Florida Statutes, Section 790.06). Further, you will not be able to conceal carry under Florida’s permitless carry law. That said, if the court withholds adjudication of guilt in a misdemeanor case involving domestic violence, you will not permanently lose your gun rights.

Restoring Your Gun Rights

If we’re talking about a misdemeanor battery that doesn’t involve domestic violence, your gun rights can generally be restored once you finish probation. Florida law requires that 3 years have passed since all terms set by the court including probation have been completed.  Once this time passes you are eligible to restore your CWFL and carry under Florida’s permitless carry law.  This means that after you’ve done everything required during your probation period, you’re usually good to go when it comes to owning and using firearms again.

But hold on! It’s important to make sure there aren’t any other legal hiccups that might stop you from getting your gun rights back. It’s a good idea to talk to a legal expert who can confirm everything for you and guide you through any extra steps you might need to take.  The expert gun law attorneys here at The Firearm Firm are always happy to answer your questions and help you restore your rights.  Call us today to discuss your unique facts and situation.

What If It’s Domestic Violence?

Here’s where it gets more complicated. If your misdemeanor battery is classified as a domestic violence offense, getting your gun rights restored isn’t as straightforward. You’ll need to look into getting a pardon, because a domestic violence conviction means that your gun rights are taken away permanently. Getting a pardon in Florida involves a process called Executive Clemency, which involves petitioning and meeting specific legal criteria (Florida Statutes, Section 940.05). And yes, it can be quite a process, requiring time and effort.  We can help you through this process.  Call our expert gun rights attorneys today to get started.

Wrapping It Up

To sum it all up, whether you can get your gun rights back in Florida after completing probation for a misdemeanor battery depends on the nature of your offense. For non-domestic violence charges, your rights are typically restored 3 years after probation ends and all conditions set by the court are completed. But for domestic violence-related convictions, you’ll need to go through more legal steps. Always reach out to a legal professional to get the best advice and ensure you’re following all the necessary procedures.

Hopefully, this clears things up a bit. Remember, laws can be complex and change over time, so staying informed and seeking expert advice is always the best route.  Call us today, the expert gun rights lawyers at The Firearm Firm are always happy to help.  We look forward to speaking with you.

If you want to learn more about restoring your rights under different circumstances, click here to read our article.

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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