Expert: Dean Speir - 11/27/2007

Question
QUESTION: My husband just had his civil rights restored in the state of florida, however the certificate states that he cannot possess or own a firearm. he wants to be able to continue to hunt. is there any way around this so that he would be able to hunt with a firearm?

ANSWER: Hello, Brittany;

Golly, yet another of these inquiries! Third or fourth one this month!

Why do you consider this a "Second Amendment" question?

With my standard proviso that this should not be construed as legal advice since I am not an attorney, if your husband's Certificate of Relief from Disabilities states "that he cannot possess or own a firearm," that seems pretty clear to most with even a rudimentary reading skill, that he would NOT be able to hunt with a firearm.

He is still considered a Prohibited Person, and eligible to be in possession of a firearm.

Got a problem with that? Contact an attorney.

G'luck.


---------- FOLLOW-UP ----------

QUESTION: thanks for the answer. the reason why we were confused is that in the florida fish and wildlife conservation commission 2006-2007 manual it said that "it is illegal for a convicted felon to possess firearms unless the convicted felon has had his civil rights restored" so we thought maybe there was some sort of exception for hunting

Answer
Well, I can understand your confusion, Brittany. Thank you for the clarification.

Ordinarily, a Certificate of Relief from Disabilities would restore that civil right, but in your husband's case, it seems to have been specifically precluded.

That is something which needs to be addressed, probably with an attorney acting on your behalf, with the agency which issued his Certificate of Relief from Disabilities.

Sincere good luck to you.