Restoring Gun Rights in Arizona

July 10, 2018 Posted in Weapons Charges

A person with a felony conviction cannot legally possess or use guns in Arizona. Restoration of gun rights is not automatic in Arizona. Whether or not a person can have gun rights restored after a felony conviction depends on the nature of the felony and how much time has passed since the date of conviction.

A person who has been convicted of a dangerous crime can never have their gun rights restored according to A.R.S. §§ 13-905(C) https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00905.htm and 13-906(C).  https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00906. A.R.S. § 13-105(13) defines a “dangerous offense” as an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury to another person.

An individual with a misdemeanor conviction for an offense that is considered “domestic violence” faces serious obstacles in restoring gun rights. In 1997, Congress passed the Domestic Violence Offender Act found at 18 U.S.C. § 921(A)(33)(B)(ii) https://www.law.cornell.edu/uscode/text/18/921. This federal act prohibits a person convicted of a domestic violence offense from possessing a gun unless the conviction was expunged, set aside, or had civil rights restored in states where domestic violence misdemeanors cause a loss of civil rights. In Arizona, a misdemeanor conviction does not result in a loss of civil rights. This means that the only process available to possibly restore gun rights is to apply to set aside the conviction pursuant to A.R.S. § 13-907 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00907.htm Unfortunately, a judge could decide to set aside the conviction and not restore gun rights.

A person who has been convicted of a felony offense that is not a serious offense as defined by A.R.S. § 13-706 must wait for two years from his or her discharge from probation or absolute discharge from prison before filing for restoration of gun rights.

A person who has been convicted of a serious offense as defined by A.R.S. § 13-706 must wait for ten years from his or her discharge from probation or absolute discharge from prison before filing for restoration of gun rights. A.R.S. § 13-706(F)(1) defines “serious offense” as:

(a) First degree murder.

(b) Second degree murder.

(c) Manslaughter.

(d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(e) Sexual assault.

(f) Any dangerous crime against children.

(g) Arson of an occupied structure.

(h) Armed robbery.

(i) Burglary in the first degree.

(j) Kidnapping.

(k) Sexual conduct with a minor under fifteen years of age.

(l) Child sex trafficking.

Restoration of gun rights is discretionary with the judge or his/her successor who sentenced the individual.

If you want to restore your gun rights, you need an experienced attorney who will fight for you. Get in touch with criminal defense Attorney Gary Rohlwing to help with restoring your rights to carry a firearm. He has over three decades of experience. Please call him today for a free initial consultation.