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  1. #1
    djudahp is offline Junior Member
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    Restoration of firearm rights

    What is the name of your state? Florida but felonies in New York
    I am a convicted felon in New York State. I received a certificate of good conduct years ago. It's been 10 years since my last conviction. Both felonies were "white collar crimes" (embezzlement & grand larceny), no violent or drug offenses ever. I now live in Florida state where a person has the right to own a firearm for the protection of home and business. I would like my rights restored. I recently wrote to the division of parole to see if they could please remove that restriction that was typed on my parole papers and certificate of good conduct but they responded with a quick "No". My question is what can I do to get my rights restored? I think they just don't want to be bothered and have not seriously looked at my situation or record. Florida state law says they I can own a firearm as an ex-convicted felon, if my rights are restored. I am now a responsible citizen who simply wants to protect his family and business in a state that fully extends that privilege to its' residents.
  2. #2
    msiron is offline Member
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    Restoration of rights in FL., appears to be in the forms of clemency, and various type pardons... such as a full pardon with firearms rights or without firearms rights, seen here

    fpc.state.fl.us/Policies/ExecClemency/ROEC12092004.pdf

    oppaga.state.fl.us/profiles/1036/print.asp

    The Clemency Board may grant several forms of clemency.

    Full Pardon unconditionally releases the person from punishment and forgives guilt. It entitles an applicant to all of the rights of citizenship enjoyed by the person before his/her conviction, including the right to own, possess, or use firearms.

    Pardon without Firearm Authority releases the person from punishment and forgives guilt. It entitles an applicant to all of the rights of citizenship possessed by the person before his or her conviction, except the specific authority to own, possess, or use firearms.

    Pardon for Misdemeanor releases the person from punishment and forgives guilt resulting from a misdemeanor conviction.

    Commutation of Sentence adjusts the applicant’s penalty to one less severe, but does not restore any civil rights or the right to possess a firearm.

    Remission of Fines and Forfeitures suspends or removes fines or forfeitures.

    Restoration of Civil Rights in Florida for Florida Convictions is the most common type of clemency granted to offenders. It restores to the offender some of the rights of citizenship in the State of Florida enjoyed before the felony conviction(s), such as the right to vote, to hold public office, and to sit on a jury.

    Restoration of Civil Rights in Florida for Federal, Military, or Out-of-State Convictions restores some of the rights of citizenship in the State of Florida enjoyed before the felony conviction(s), such as the right to vote, to hold public office, and to sit on a jury.

    Restoration of Alien Status under Florida Law restores to the applicant, who is not a citizen of the United States, any and all rights enjoyed by him or her as a resident of Florida, which were lost due to a felony conviction.

    Specific Authority to Own, Possess, or Use Firearms restores to the applicant the right to own, possess or use firearms.
  3. #3
    djudahp is offline Junior Member
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    Re: Restoration of firearm rights

    Thanks for your reply.
    No, I am no longer on parole. I was 10 years ago. I already was interviewed and granted a certificate of good conduct but on it says that I cannot own firearms. In New York State, this would make sense since they have strict gun laws but in Florida they allow ex-convicts to own guns if they have their rights restored officially. I wrote to the people who granted the certificate of relief but they responded with "I don't think it's a good idea for us to grant an ex-felon a gun because it's a dangerous situation." I do not have violence or drug offenses on my record. I was convicted of Class E felonies which are almost like high level misdemeanors (white collar crimes). It looks to me like they didn't even bother looking at my situation but just brushed me off out of their personal opinion about ex-convicts all being dangerous.
    My question is what can I do make them consider my case in a more fair manner? How should I handle this, maybe even go over their heads and use the help of a lawyer? They are simply not wanting to bother because they are probably just lazy. They are wanting to take the easy way out and just hope they can brush me off. New York State agencies are notorious for terrible service.
  4. #4
    SHORTY LONG is offline Senior Member
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    Go apply for your firearms permit, and answer all questions honestly;
    then wait. And or consult with a Criminal Defense Attorney, respectfully
    request a free consultation.
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  5. #5
    djudahp is offline Junior Member
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    Re: Restoration of firearm rights

    Thanks ShortyLong. I think that's what I'll do.
  6. #6
    SHORTY LONG is offline Senior Member
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    Quote Originally Posted by djudahp View Post
    Thanks ShortyLong. I think that's what I'll do.
    You are most welcome djudahp! I do hope you keep us apprised. Thanks!
    Last edited by SHORTY LONG; 08-15-2007 at 08:20 AM. Reason: Mistyped; Sorry!
    Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

    "There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

    Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
    to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  7. #7
    crshlandin is offline Junior Member
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    I have read what the person has quoted on Florida clemency. But I will also post this quote from The Florida Clemency site rules.

    F. Specific Authority to Own, Possess, or Use Firearms
    The Specific Authority to Own, Possess, or Use Firearms restores to an applicant the right to own, possess, or use firearms, which were lost as a result of a felony conviction. Due to federal firearms laws, the Clemency Board will not consider requests for firearm authority from individuals convicted in federal or out-of-state courts. In order to comply with the federal laws, a Presidential Pardon or a Relief of Disability from the Bureau of Alcohol, Tobacco and Firearms must be issued in cases involving federal court convictions. A pardon or restoration of civil rights with no restrictions on firearms must be issued by the state where the conviction occurred.

    It appears as stated in the final sentence that New York must restore your firearms rights, as that is where your felont conviction was.
  8. #8
    HighwayMan is offline Senior Member
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    This thread is over 3 years old. If you have a question start your own thread.

    Otherwise, I suggest the OP is long gone and no one is going to read your post with any interest. You are wasting our time and yours.
  9. #9
    crshlandin is offline Junior Member
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    Well last time I remember this is America and I can choose to reply to any thing that was posted on this site, as long as I abide by this sites rules that I accepted to. So my suggestion to you is that If you don't want to read it, then don't. And as far as wasting someones time with what appears to be a direct answer with a factual quotation that truly answers a question correctly as opposed to previous answers, is not a waste of time for someone researching on the same subject. So thanks for your suggestion, but no thanks.
  10. #10
    CdwJava is offline Senior Member
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    Quote Originally Posted by crshlandin View Post
    Well last time I remember this is America and I can choose to reply to any thing that was posted on this site, as long as I abide by this sites rules that I accepted to. So my suggestion to you is that If you don't want to read it, then don't. And as far as wasting someones time with what appears to be a direct answer with a factual quotation that truly answers a question correctly as opposed to previous answers, is not a waste of time for someone researching on the same subject. So thanks for your suggestion, but no thanks.
    But one must still respond with proper decorum and intentionally necroposting is considered to be rude and impolite conduct. This might be America, but you do not have a right to post on a private forum as that is a privilege that can be removed.

    So, the proper response to Highwayman's suggestion would have been something along the lines of, "My bad, sorry. Thanks for pointing that out."
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    crshlandin is offline Junior Member
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    Sorry to disagree, but I believe my response was quite respectful, as it may not have been what your response would have been. Everyone's entitled to their own perspective, and if I felt I did something innappropriate, I wouldn't have done it.
  12. #12
    CdwJava is offline Senior Member
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    Quote Originally Posted by crshlandin View Post
    Sorry to disagree, but I believe my response was quite respectful, as it may not have been what your response would have been. Everyone's entitled to their own perspective, and if I felt I did something innappropriate, I wouldn't have done it.
    Since you appear to be a wee bit co_cky, I suspect that you will not be around here for long. But, if you choose to remain, try not to necropost or you may very well get booted by the Admin.

    Understand that at least some measure of proper netiquette should be observed lest you be considered an annoyance and not an asset.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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