Can a Felon Get a Concealed Carry Permit in Florida?

A convicted felon generally cannot get a concealed carry permit in Florida. State law prohibits anyone with a felony conviction from possessing a firearm at all, and the agency that issues the Concealed Weapon or Firearm License will deny any applicant who falls under that prohibition. The only way back is to have your firearm rights specifically restored — through Florida’s executive clemency process if the conviction was in Florida, or through the convicting jurisdiction if it was elsewhere.1Florida Statute 790.232Florida Statute 790.06

Why the Felony Is Disqualifying

Florida Statute 790.23 bars anyone convicted of a felony — in Florida, in another state, or in federal court — from owning or possessing any firearm, ammunition, or electric weapon. The ban is automatic on conviction and has no expiration date. Violating it is itself a second-degree felony carrying up to 15 years in prison.1Florida Statute 790.23

That prohibition is wired directly into the concealed carry statute. One of the eligibility requirements for a Concealed Weapon or Firearm License (CWFL) under Section 790.06 is that the applicant is not prohibited from possessing a firearm under 790.23. Because the felony triggers that prohibition, the Florida Department of Agriculture and Consumer Services (FDACS), which issues all CWFLs, will deny the application outright.2Florida Statute 790.06

FDACS states this plainly: if your felony conviction occurred in Florida, both your civil rights and your firearm rights must be restored by the Florida Office of Executive Clemency before you are eligible to apply.

Restoring Firearm Rights Through Florida Clemency

For a Florida felony, the only realistic path to CWFL eligibility is executive clemency. You need a specific grant called the “Specific Authority to Own, Possess, or Use Firearms.” This is a standalone form of clemency. Getting your voting rights back does not restore your firearm rights; you have to request firearm authority explicitly.

Eligibility and Waiting Period

Under the Rules of Executive Clemency, you must have fully completed every part of your sentence first — prison time, parole, probation, community control, and all fines, fees, and victim restitution. The clock does not start until the last obligation is satisfied. From that point, you must wait at least eight years before you can apply for firearm authority.

Even meeting those thresholds guarantees nothing. The Board of Executive Clemency, made up of the Governor and the Florida Cabinet, decides each case. The Governor needs the agreement of at least two cabinet members to grant clemency, and the Board has full discretion to approve or deny. Clemency is not a legal right.

Documents and Timeline

Your application package must include certified copies of the charging document (the indictment or information) and the judgment and sentence for every felony on your record, obtained from the Clerk of Court in each county of conviction. You also need proof that you completed your sentence — typically a letter from the Department of Corrections or a county probation office confirming you finished supervision and paid everything owed. The application itself asks for a complete criminal history and supporting materials showing rehabilitation. Everything goes to the Office of Executive Clemency in Tallahassee.

Once submitted, the Florida Commission on Offender Review conducts a background investigation and prepares a report for the Board. This routinely takes several years. There is no expedited track. The Board’s decision comes to you in writing.

Out-of-State and Federal Convictions

Florida’s Clemency Board will not consider firearm authority requests from people convicted in federal court or in another state. The Board’s position is that it lacks the authority to restore firearm rights lost through non-Florida convictions.

If your felony was in another state, that state has to restore your rights. Some states have a process; some do not. If your felony was federal, you theoretically need either a presidential pardon or federal relief from firearms disabilities under 18 U.S.C. § 925(c). In practice, Congress has not funded the ATF program that processes those individual applications in decades, so that route has been effectively closed. As of early 2026, the Department of Justice has published a proposed rule that would reopen applications for federal firearm rights restoration, but the online application form is not yet available. Anyone with a federal conviction should watch the DOJ’s Office of the Pardon Attorney for updates.

Federal Law Still Applies After State Restoration

Even after Florida acts, federal law layers on. Under 18 U.S.C. § 922(g)(1), it is a federal crime for anyone convicted of a crime punishable by more than one year in prison to possess a firearm, regardless of state law.

The safety valve is in the federal definition of “conviction.” Under 18 U.S.C. § 921(a)(20), a conviction for which civil rights have been restored does not count as a conviction for federal firearms purposes, unless the restoration itself expressly prohibits firearm possession. If Florida restores both your civil rights and your firearm authority without restrictions, the federal disability lifts too. If Florida restores only your civil rights and not firearm authority, you remain prohibited under federal law. That is why the specific firearm grant matters, not just the general civil rights restoration.

If Adjudication Was Withheld

Florida courts sometimes “withhold adjudication” on felony charges, meaning you completed probation or other conditions but were never formally convicted. Because there is no conviction, the felony possession ban in Section 790.23 does not apply, and you can legally possess firearms.

A withhold still affects CWFL eligibility, though. Section 790.06 bars anyone with a withhold on a felony charge from receiving a license until three years have passed since completing probation and all court-imposed conditions. After that three-year period, the withhold is no longer disqualifying and you can apply through the normal process without needing clemency.2Florida Statute 790.06

Antique Firearms Are a Narrow Exception

Florida’s definition of “firearm” under Section 790.001 excludes antique firearms. In Florida, an antique firearm is one manufactured in or before 1918 — matchlock, flintlock, percussion-cap, and replicas — along with firearms using fixed ammunition made in or before 1918 that is no longer commercially available in the United States. Because antiques are not legally “firearms” under state law, the 790.23 ban does not apply to them, unless one is used in a crime.

Two cautions. Federal law uses an 1898 cutoff, so a weapon made between 1899 and 1918 can be legal under Florida law and still create federal liability for a felon. And this exception does not help with concealed carry licensing. A CWFL covers modern firearms, and the antique carve-out does not create any route to a permit.

Applying for the CWFL After Your Rights Are Restored

Once you have the formal certificate restoring firearm authority from the Office of Executive Clemency, you apply through the same process as anyone else. Applications go to FDACS, either at a regional office or an authorized county tax collector’s office. FDACS has 90 days from receiving a complete application to issue or deny the license.

You still have to meet every other requirement in Section 790.06:

  • Be at least 21 years old.
  • Complete an approved firearms training course that includes live fire. Acceptable options include NRA safety courses, hunter education courses, and classes taught by certified instructors at law enforcement agencies, colleges, or private training schools.
  • Submit to fingerprinting and photographing at the application site, with a state and federal background check.
  • Have no other disqualifiers under the statute, including a drug conviction within the last three years, a pattern of alcohol abuse, a domestic violence injunction, or commitment to a mental institution.

Your prior felony will still appear in the background check, but with the clemency certificate on file it is no longer a basis for denial. Keep a copy of the restoration certificate with your application materials, and carry one on your person whenever you are armed. If you are ever stopped, having that paperwork within reach can prevent a very bad misunderstanding.

  • 1
    Florida Statute 790.23
  • 2
    Florida Statute 790.06