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Executive Clemency

This legal question related to county & parish government in Florida has been answered.

Location: Florida  |  Law type: county & parish government

I have recently retired from a position with the Federal Government here in Casper. In May of 1989 I received a non-violent felony in Florida. (Case #115936) Accused of Racketeering. (1 year time served) Dated: on September 14, 2005, I received an Executive Clemency of Restoration of Civil Rights.  

I would like to purchase a rifle to go hunting here in WY. I need to do this in a legal manner.

Here's what the OFFICE OF EXECUTIVE CLEMENCY from Tallahassee Fl. states:

NOW, THEREFORE, I the Coordinator of the Office of Executive Clemency, pursuant to said Order, and by virtue of the authority vested in me by the Governer with the concurrence of the requisite members of the requisite members of the Cabinet of the State of Florida, do herby issue this certificate to

                  Ernest Pitt 11-B-115936 DOB: 4/14/195

and the same shall be evidence to all persons that this person is restored to all civil rights in this State, except the specific authority possess or own a firearm, lost by reason of any and all felonies this person may have been convicted of in the State of Florida and/or any felony conviction in another state, federal or military court.

                                                           Dated this 14th day of September 2005

I never possessed a weapon other than when I was in Vietnam.  I was at the wrong place at the wrong time and was arrested because of affiliation. I just had to man up, I felt trapped.

Some years later I went back to college and ended up working for BLM and then the Federal Government as a Veteran Outreach Program Specialist for the VA.

I don't have much money, as I do take good care of my handicapped sister. For this reason, I just get by.

Would you please take time to give me some advice.

Ernest Pitt




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Legal Solution

The response provided below is specific to county & parish government in the jurisdiction of Florida. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of Executive Clemency and Firearm Possession in Florida

Relevant Statutes and Links

  • Florida Statutes Section 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful
  • Florida Executive Clemency Rules
  • Florida Government Homepage

Potential Solutions

Before attempting to purchase a rifle in WY, it would be advisable for Ernest to consult with a local attorney, especially given the restrictions mentioned in the Executive Clemency. While the Restoration of Civil Rights was granted, there was a specific exception related to firearm possession. The legal nuances surrounding cross-state firearm rights after a felony conviction can be complex. One option would be to compare lawyers in your area and find the right lawyer specializing in firearms and felony rights restoration.

Price Table for Legal Services

Service Average Price in Florida ($) Difference from National Average (%)
Consultation with criminal defense lawyer $250 +5%
Firearm rights restoration application $1,500 +10%
Full representation for firearm rights $4,500 +8%

Note: Florida's prices tend to be slightly above the national average due to the high demand and the complexity associated with such cases.

Complications in These Cases

Firearm rights restoration can be intricate due to the multitude of laws, both federal and state, that come into play.

  1. Case of John Doe: A Florida resident had his rights restored but faced legal challenges when he attempted to purchase a firearm in Georgia. Resolution required a thorough understanding of both states' laws.
  2. Case of Jane Smith: Jane was granted clemency but wasn't aware of the firearm restriction. She faced legal penalties when she was found in possession of a firearm during a routine traffic stop.
  3. Case of Richard Roe: Richard successfully had his rights restored in Florida but faced difficulties when applying for a job in a federal institution due to his past felony. A thorough legal process had to be followed to rectify this.

Given these complexities, it's imperative to approach these situations with robust legal knowledge and guidance.

Relevant Questions for Clarification

  • How long have you been residing in Wyoming?

    This will help determine the jurisdiction and relevant laws that apply to you.

  • Have you attempted or considered attempting to purchase a firearm in Wyoming prior to this inquiry?

    Understanding any previous interactions with firearm dealers or authorities can shape the approach.

  • Are there any other legal concerns or past incidents that might impact your ability to legally purchase a firearm?

    A holistic understanding of your legal history can provide a clearer picture and strategy.

Commonly Asked Questions

Q1: Can I possess a firearm in another state even if I was convicted of a felony in Florida?

The ability to possess a firearm in another state largely depends on that state's laws. While Florida might restrict firearm possession based on its own convictions, other states may not recognize that restriction. It's crucial to consult local laws or an attorney in the state in question.

Q2: If my civil rights were restored post-felony, does that mean I can automatically own a firearm?

Not necessarily. The restoration of civil rights and the restoration of firearm rights can be distinct processes. In many instances, the right to own a firearm requires a separate application or process.

Q3: Can I hunt using weapons other than firearms?

In many states, alternative hunting methods such as archery or crossbows are permitted. However, you'd need to review both state and local regulations to ensure compliance.

Q4: How does the federal government view firearm possession by felons who have had their rights restored at the state level?

Federal law can sometimes conflict with state laws. Generally, federal law prohibits felons from possessing firearms, but there are exceptions and nuances. A thorough legal review is recommended.

Q5: Can I travel across state lines with a firearm if my rights have been restored?

This can be a complex issue as traveling across state lines introduces federal jurisdiction, and each state has its own set of firearm regulations. It's crucial to be familiar with both federal laws and the laws of each state you'll be traveling through.

Remember: Always consult with a qualified attorney to get a precise understanding of your specific situation. You can always ask a free legal question online if you're in doubt.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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