Florida takes firearm possession seriously, and the law draws hard lines around who can and cannot own a gun after a criminal conviction. For residents of Fort Lauderdale, Hollywood, Pompano Beach, Davie, and communities throughout Broward County, those lines can be difficult to read — especially when state law and federal law point in different directions. The Law Office of Matthew Glassman is helping people across South Florida understand exactly where they stand, and what — if anything — can be done to restore their rights.
“Gun rights after a conviction is one of the most searched and least understood areas of Florida criminal law,” said Matthew Glassman. “People come to me having already made assumptions based on what a friend told them or something they read online. Sometimes those assumptions cost them dearly. Florida law is specific, federal law is unforgiving, and the interaction between the two is not something anyone should try to navigate alone.”
Florida Statute 790.23: What Every Fort Lauderdale Criminal Defense Attorney Needs Clients to Know
Under Florida Statute § 790.23, it is a second-degree felony for any person convicted of a felony under Florida law, federal law, or the laws of any other state to own or possess a firearm, ammunition, or an electric weapon or device. Any Fort Lauderdale criminal defense attorney will tell you this is one of the strictest statutes of its kind in the country. Unlike some states that narrow this prohibition after a set period of time, Florida does not have an equivalent at-home possession rule. In Florida, the prohibition is absolute until rights are formally restored — full stop.
A second-degree felony conviction in Florida carries a potential sentence of up to 15 years in state prison. That means a person who picks up a firearm believing their rights have been restored — without actually completing the proper legal process — can find themselves facing a brand-new, serious felony on top of whatever conviction already exists on their record. To make matters worse, if you are a convicted felon found in actual possession of a firearm there is a three-year minimum mandatory prison sentence.
The breadth of this statute surprises many Broward County residents. It is not limited to handguns. It covers rifles, shotguns, ammunition, and even certain electric weapons. And it applies regardless of how old the underlying conviction is, whether it was in Florida or another jurisdiction, and regardless of whether the person has otherwise lived an exemplary life since the conviction.
Federal Firearm Prohibitions: What a Criminal Defense Lawyer Sees That Others Miss
Florida’s own statute is serious enough on its own, but federal law at 18 U.S.C. § 922(g) adds an entirely separate layer of restriction that operates independently of whatever Florida decides. Federal law prohibits firearm possession by any person convicted of a crime punishable by imprisonment for more than one year — which in practice means any felony conviction, anywhere in the country.
Federal prohibited persons also include individuals convicted of misdemeanor domestic violence offenses, those subject to qualifying protective orders, persons who are unlawful users of controlled substances, and individuals who have been involuntarily committed to a mental health facility. Each of these categories can apply to a Fort Lauderdale or Broward County resident regardless of whether Florida state law would independently restrict their firearm rights.
Violating the federal prohibition is not a minor infraction. A conviction under 18 U.S.C. § 922(g) carries up to 10 years in federal prison, with enhanced penalties available under the Armed Career Criminal Act for those with qualifying prior convictions. Federal prosecutors take these cases seriously, and a routine traffic stop on I-95 or a domestic call in Broward County can quickly escalate into a federal matter when a firearm is involved. Having a criminal defense lawyer review your record before any firearm purchase is the single most important step you can take.
Florida's Clemency Process: A Broward County Criminal Defense Attorney Explains Your Options
Unlike Virginia’s gubernatorial petition system or Texas’s Board of Pardons process, Florida restores civil rights — including the right to possess a firearm — through the Florida Commission on Offender Review and the Board of Executive Clemency, which is chaired by the Governor and includes the state’s three Cabinet members. This board has broad discretion over who receives clemency and on what terms.
Florida offers two primary tracks for civil rights restoration. The first is an automatic restoration of certain civil rights — excluding firearm rights — for individuals who have completed all terms of their sentence, including any probation or parole. This automatic restoration does not bring back the right to possess a firearm. That requires a separate, specific application to the Board of Executive Clemency for a full pardon or a specific authority to own, possess, or use firearms.
The clemency process in Florida is neither fast nor guaranteed. Wait times for a hearing can stretch into years, and the Board retains full discretion to deny any application without explanation. The nature of the original offense, conduct since conviction, restitution paid, and letters of support all factor into the outcome. A Broward County criminal defense attorney familiar with the clemency process can help structure the strongest possible application from the start — anyone pursuing this route should not attempt it without proper legal guidance.
Misdemeanor Convictions and Firearm Rights: A Defense Attorney's Warning
Felony convictions get most of the attention in firearm rights discussions, but misdemeanor convictions can be just as disqualifying — particularly under federal law. A misdemeanor conviction for domestic violence, regardless of how it is classified under Florida law, triggers a lifetime federal firearm ban under the Lautenberg Amendment.
This catches a significant number of Broward County residents off guard. A first-time domestic battery charge resolved as a misdemeanor — which might feel like a minor legal matter at the time — can permanently strip federal firearm rights without any additional process or warning. A defense attorney should be consulted immediately after any domestic violence charge, before a plea is entered, since the firearm consequences alone can be life-altering. Florida protective orders carry their own restrictions as well, and violating a protective order that bars firearm possession can add yet another charge on top of the underlying situation.
Florida's Concealed Weapons Permit After a Conviction: What a Criminal Lawyer Needs You to Understand
Florida’s concealed weapons permit program, administered through the Florida Department of Agriculture and Consumer Services, has its own eligibility rules that sit on top of the broader state and federal firearm possession restrictions. A felony conviction permanently disqualifies an individual from obtaining or renewing a Florida concealed weapons permit. This disqualification remains in place until and unless full civil rights are restored through the clemency process.
Certain misdemeanor convictions also create disqualification periods for the concealed weapons permit, even when the underlying offense does not trigger a permanent restriction on possession. Anyone in Fort Lauderdale or Broward County who is unsure whether their record affects their permit eligibility should speak with a criminal lawyer and confirm their status before applying or renewing — a denial creates a record of its own.
Why Broward County Cases Need a Fort Lauderdale Criminal Defense Lawyer Who Knows the Local Landscape
Criminal cases involving firearm possession after a conviction in Broward County typically move through the Broward County Circuit Court, with the Broward County State Attorney’s Office handling prosecution. The South Florida federal district — the U.S. District Court for the Southern District of Florida — handles cases where federal charges are filed, and federal prosecutors in this region have a well-established track record of pursuing firearm cases aggressively.
Fort Lauderdale’s position along I-95 and its proximity to Miami-Dade, Palm Beach, and the Port Everglades corridor means law enforcement encounters involving firearms are common — and the consequences that follow can be swift. Whether a case originates from a traffic stop on Federal Highway, a call in Miramar, or an arrest in Pompano Beach, the outcome often depends on whether the defendant had the guidance of a Fort Lauderdale criminal defense lawyer from the very beginning.
What Happens If You Are Charged: A Criminal Defense Attorney's Step-by-Step Breakdown
Being charged with unlawful possession of a firearm as a convicted felon in Florida is not a matter that resolves itself quietly. Retaining a criminal defense attorney at the earliest possible stage is critical. Here is how these cases typically unfold in Broward County, Florida:
- Arrest and booking at the Broward County Jail, with a bond hearing typically held within 24 hours.
- Filing of a second-degree felony information by the Broward County State Attorney’s Office.
- Arraignment in Broward County Circuit Court, where a plea is entered.
- Potential parallel federal investigation if the firearm crossed state lines or federal jurisdiction is otherwise triggered.
- Sentencing that can include significant prison time, extended probation, and additional permanent disqualifications layered onto existing ones.
“By the time someone is sitting at the defense table on a felon in possession of a firearm charge, a lot of options have already closed,” said Matthew Glassman. “The conversation I would much rather have is the one pre-filing — before any of this happens — where we can attack the preliminary facts to try and prevent the charges from even getting filed.”
Practical Steps for Broward County Residents: Advice from a Broward County Criminal Defense Lawyer
- Do not assume your rights were automatically restored when your sentence ended. Automatic civil rights restoration in Florida does not include firearm rights.
- Check both your Florida record and any out-of-state or federal convictions — all of them affect your firearm status.
- If you have a misdemeanor domestic violence conviction, treat it as a potential permanent federal firearm ban until you have confirmed otherwise.
- If you want to pursue a concealed weapons permit, verify your eligibility before applying.
Frequently Asked Questions: What a Fort Lauderdale Criminal Defense Attorney Hears Most
Not without formal restoration of their civil rights through Florida’s clemency process. Florida Statute § 790.23 prohibits firearm possession by convicted felons without exception until rights are formally restored by the Board of Executive Clemency.
No. Florida’s automatic civil rights restoration for eligible individuals specifically excludes the right to possess a firearm. A separate application through the Board of Executive Clemency is required to restore that specific right.
It varies significantly. Some applicants wait several years for a hearing, and approval is never guaranteed. The Board of Executive Clemency has full discretion over all applications and is not required to provide a reason for denial.
A felony conviction permanently disqualifies an applicant from holding a Florida concealed weapons permit until full civil rights restoration is granted through clemency. Certain misdemeanors also carry temporar
Contact Our Broward County Criminal Defense Lawyer for a Free Consultation
The Broward County criminal defense lawyer at the Law Office of Matthew Glassman serves clients throughout Broward County, including Fort Lauderdale, Hollywood, Pompano Beach, Deerfield Beach, Davie, Miramar, and the surrounding communities. Matthew Glassman brings extensive experience in Florida and federal criminal law to every case, with a focus on misdemeanor and felony defense. He understands the Broward County court system, the tendencies of the local State Attorney’s Office, and what it takes to build the strongest possible defense for each individual client.
If you or someone you know has been arrested or charged with a crime in Fort Lauderdale or anywhere in Broward County, contact the Law Office of Matthew Glassman for a confidential and free consultation. As a Broward County criminal defense lawyer with deep knowledge of Florida criminal law, Matthew Glassman can assess your specific circumstances. The right information at the right time can prevent a difficult situation from becoming a permanent one.