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Firearm and Weapon Crimes

Petition to Remove Firearm Disability in Florida

If you were committed to a mental institution or adjudicated mentally defective as those terms are defined in Section 790.065(2), then you are not permitted to own or possess a firearm unless or until you receive relief from the disability through a court order.

This kind of disability might arise if you were subjected to a Baker Act or Marchman Act or any of the following occurred:

  • Found by Court to be of Imminent Danger but permitted by a physician to transfer to voluntary status in lieu of involuntary placement order under s. 790.065, F.S.;
  • Judicial finding that a criminal defendant was not competent to stand trial under s. 916.12, F.S.;
  • Acquittal by reason of insanity under s. 916.15 F.S. of a person charged with a criminal offense;
  • Adjudicated incapacitated under s. 744.331, F.S. or any similar law of any other state;
  • Ordered to Involuntary Outpatient Placement under s. 394.4655, F.S.;
  • Ordered to Involuntary Inpatient Placement under s. 394.467(6), F.S.;
  • Ordered to Involuntary Substance Abuse Treatment under s. 397.6957, F.S.; or
  • Ordered to Involuntarily Substance Abuse Assessment and Stabilization under s. 397.6818, F.S.

Such a disability would also prohibit you from purchasing a firearm.

That notation might cause you to be arrested if you possess a firearm or try to purchase one. The notation also means you are not eligible to obtain or maintain a concealed weapons or firearm license.

You can petition the court to restore your rights to possess a firearm and be issued a concealed carry permit by filing the petition to remove the firearm disability.

Be aware that the courts are reluctant to grant such motions. Your best chance of getting relief requires hiring an attorney who can help you file the petition and gather any other documents need to convince the court that the motion should be granted including a detailed “risk assessment” by an expert.

Attorney for Petitions under Section 790.065(2)(a)4.d.

If you have a court-ordered firearm disability after a Marchman Act or Baker Act proceeding, then contact an experienced criminal defense attorney about the best way to petition for relief.

At Sammis Law Firm in Tampa, FL, we charge between $2,500 to $5,000 to file and litigate the petition in Hillsborough County, FL.

In many cases, we recommend obtaining a “risk assessment” so that an expert can present a report confirming the statutory factors to make it more likely that the court will grant the petition.

In Hillsborough County, FL, the Honorable Michael J. Scionti, Circuit Court Judge presides over these petitions filed in the mental health court.

Many of our clients do not find out about the disability until the Florida Department of Agriculture and Consumer Services notifies them that they are not eligible for a concealed weapons or concealed firearms license or that their license is being revoked or suspended.

We can help you find the best way to obtain the risk assessment so that you have the best chance of getting the requested relief.

We fight these cases at the courthouse in Hillsborough County, and all of the surrounding counties including Hernando County, Pasco County, Pinellas County, Manatee County, and Polk County, FL.

Call 813-250-0500 to discuss your case.


Petition for Relief from the Firearm Possession and Ownership Disability

Under Section 790.064(3), a person may petition the court that made the adjudication or commitment, or that ordered that the record be submitted to the Florida Department of Law Enforcement (FDLE) pursuant to Section 790.065(2), for relief from the firearm possession and firearm ownership disability.

Under Section 790.064(4), the person seeking relief must follow the procedures set forth in s. 790.065(2) for obtaining relief from the firearm purchase disability in seeking relief from the firearm possession and firearm ownership disability.

Under Section 790.064(5), the person may seek relief from the firearm possession and firearm ownership disability simultaneously with the relief being sought from the firearm purchase disability if such relief is sought, pursuant to the procedure set forth in s. 790.065(2).


Petition to have Firearm Disability Removed

A person with this kind of “firearm disability” may petition the court to have the firearm disability removed as provided in Fla. Stat. § 790.065(2)(a)(4)(d).

The petition must be filed in the same division in which the order was entered and served on the state attorney of the county in which the person was adjudicated or committed.

The petitioner can choose whether the hearing is open or closed. Both the petitioner and the state attorney are permitted to present evidence. The state attorney may object. After the hearing, the court must make written findings.

For the firearm disability to be removed, the court must find that the petitioner will not be likely to act in a manner that is dangerous to public safety and that removing the firearm disability would not be contrary to the public interest.

If the court denies the petition, the person must wait one year from the date of the final order denying the removal of the firearm disability to petition the court again for such relief as provided in Section 790.065(2)(a)4.d., F.S. An order denying relief may be appealed to the District Court of Appeal.

Upon receipt of a proper notice of relief from the firearm prohibition, the Department of Agriculture and Consumer Services must delete the mental health record from the automated database. Fla. Stat. § 790.065(2)(a)(4)(e). Thereafter, the person could obtain a concealed weapons permit.


Sample Petition to Remove a Court Imposed Firearm Disability

IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT

IN AND FOR _________________ COUNTY, FLORIDA

 

IN RE: __________________________

CASE #:   ______________

DIVISION: ____________

PETITION FOR RELIEF FROM FIREARM  DISABILITIES IMPOSED BY THE COURT

  1. THIS MATTER is presented to the Court on _______________ (date) by Petitioner, ________________________, on a Petition for Relief from Firearms Disabilities Imposed by the Court on _______________________ pursuant to Section 790.064(3) and/or 790.065.
  2. The Petitioner was ordered for:
    • Ordered to Involuntarily Substance Abuse Assessment and Stabilization (s. 397.6818, F.S.) on ___________
    • Ordered to Involuntary Substance Abuse Treatment (s. 397.6957, F.S.) on ____________________________
    • Ordered to Involuntary Inpatient Placement (s. 394.467(6), F.S.) on _________________________________
    • Ordered to Involuntary Outpatient Placement (394.4655, F.S.) on ___________________________________
    • Found by Court to be of Imminent Danger but permitted by physician to transfer to voluntary status in lieu of involuntary placement order above (s. 790.065, F.S.) on ___________________________________________
    • Adjudicated incapacitated (s. 744.331, F.S.) or any similar law of any other state on _____________________
    • Acquittal by reason of insanity (s. 916.15 F.S.) of a person charged with a criminal offense on ____________
    • Judicial finding that a criminal defendant is not competent to stand trial (s. 916.12, F.S.) on _______________
  3.  The Petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest as follows: ________________________________________________ _________________________________________________
  4. Based upon these facts, THE FOLLOWING IS REQUESTED:
    • The firearms disability imposed dated _____________, be set aside and are no longer or further in force and effect.
    • That pursuant to Florida Statute Section 790.064 and 790.065, the court shall grant the relief requested in the petition if the court finds, based on the evidence presented with respect to the petitioner’s reputation, the petitioner’s mental health record and, if applicable, criminal history record, the circumstances surrounding the firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.
    • That pursuant to Florida Statute Section 790.064 and 790.065, the Florida Department of Law Enforcement shall delete any mental health record of __________________________________ from the automated database of persons who are prohibited from purchasing, owning or possessing a firearm, based on court records.
  5.  Under penalties of perjury, I declare that I have read the foregoing Petition for Relief from the Firearm Disabilities Imposed by the Court and that the facts stated in it are true.

Signature of Petitioner: _________________________

Printed Name of Petitioner:  ________________________

Date of Birth: __________________________________

Mailing Address: ________________________________

Race: ______________ Gender: __________________  __________________________________

City                    State                         Zip

Social Security Number: _________________________

Name and Address of Attorney for Petitioner (if any):

_____________________________________________

_____________________________________________


Sample Court Order to Remove Firearm Disability

If you need a sample proposed order for a case involving a petition to remove a firearm disability in Hillsborough County, FL, we have provided an example below.

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY

PROBATE, GUARDIANSHIP, MENTAL HEALTH AND TRUST DIVISION

 

IN RE: [[insert name of client]],

Petitioner.

CASE NO.: XX-MH-XXX

DIVISION: Z

ORDER GRANTING PETITION FOR RELIEF FROM FIREARM DISABILITIES

This matter came before the Court for an evidentiary hearing on whether the firearm disabilities imposed by this Court pursuant to Florida Statutes § 397.693 should be removed. A hearing was held on [[insert date]], and based on the testimony and evidence presented, the Court finds as follows:

1. The Petitioner was found by the Court to be of Imminent Danger but permitted by a physician to transfer to voluntary status in lieu of involuntary placement order above (s. 790.065, F.S.) on _______.

2. The Petitioner will not be likely to act in a manner that is dangerous to public safety and granting the relief requested will not be contrary to the public interest.

Based upon these facts, it is therefore ORDERED AND ADJUDGED:

That the Petitioner’s firearm disability be set aside and have no further force and effect.

The Court imposed suspension of the Petitioner’s rights to purchase a firearm and have a concealed weapon or firearm license should thus be lifted, and the Clerk of the Court should notify the Florida Department of Law Enforcement [FDLE] and the National Instant Check System that the Petitioner’s disability is removed.

FDLE should then delete the Petitioner’s mental health record, which is the basis for the firearm disability, from the automated database of persons prohibited by Court Order from purchasing or possessing a firearm pursuant to Florida Statutes § 790.065 on this ____ day ______, 2021.

 

_____________________________________

THE HONORABLE MICHAEL J. SCIONTI

CIRCUIT COURT JUDGE

 

cc:

Leslie M. Sammis, Attorney for Petitioner

ASA __________, State Attorney’s Office


This article was last updated on Monday, April 27, 2020.

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