Just recently, a longstanding debate on the issue of felon’s gun transfer rights has been settled. It can be recalled that gun possession and transfer rights of convicted individuals have been the highlight of some legal battles. According to the US Supreme Court, there is a specific federal law that prevents felons from owning and selling guns. However, an exception clause gives them a bit of leeway. They are allowed to transfer gun rights to third parties on the condition that they will waive direct or indirect influence on the items sold.
Gun Ownership by Florida State Convicts
Florida state laws clearly explain the rights of convicts on gun ownership. After they have served their time in jail, their rights to own any type of weapon and ammunition will not be automatically restored. This right must be granted by the Office of Clemency of the state covering the Offender Review division. When a clemency decision has been issued, an ex-convict will get his or her weapons rights back.
There are efforts to make applications for clemency and rights restoration procedure easier. Such procedures used to be very complicated and burdensome for applicants. This undermines the fact that these individuals have already paid for their crimes through time in jail. It is not fair to let them wait for many years for their civil rights to be given back.
Clemency Procedures in the State of Florida
Florida laws state that clemency applications will only be approved by authorities under very strict conditions. The Commission therefore has the responsibility to investigate if the individual is already fit to enjoy firearms right restoration. However, there are laws that go above these Florida policies. There are also limitations on the coverage of this clemency policy in the state. For example, clemency application rights can only be invoked by felons who have served jail time if he or she was sentenced within the state. Out-of-state convictions disqualify an individual from using this clemency application right.
The Current US Supreme Court Case
Based on the current decision of the US Supreme Court, firearms rights of felons that were once tolerated in the past will be cancelled. These rights used to give felons the opportunity to sell guns to government-authorized dealers and to third parties. US Circuit Courts don’t have a unanimous stand on this issue. One group wants such type of sale to be barred while another group completely agrees to it.
Convict Firearm Transfer Rights Withheld
There was an agreement between justices about the real issue on the case. It is all about what a felon would do with his rights after it has been given back. They should come up with policies that would limit an ex-convict’s ability to transfer ownership and custody of guns to other people. Access to guns should be limited to what is really owned by an individual.
Experienced Criminal Defense Attorney in Fort Lauderdale
As an ex-convict, you deserve to gain back your lost civil rights. This includes your authority to own and transfer firearms. Broward criminal lawyer, Kenneth Padowitz is your best hope when it comes to these matters. Get in touch with Kenneth Padowitz and discuss your case for free. He’s one of the best criminal defense lawyers that Broward has to offer.