How Do I Get My Gun Rights Back in Arizona?

In Arizona, being convicted of a felony offense – or a domestic violence misdemeanor – means losing your Second Amendment rights. But a felony conviction doesn’t mean you have to forfeit your gun rights forever. Here’s how you can get your gun rights reinstated in Arizona.

Can You Get Your Gun Rights Back in Arizona?

If you’ve been convicted of a dangerous offense, which is typically a felony of intentional physical injury, you won’t be eligible to have your gun laws reinstated. A.R.S. 13-704 clarifies what is considered a dangerous offense.

If you’ve been convicted of a serious offense, as outlined in A.R.S. 13-706, then you can have your gun rights reinstated ten years after you’ve completed your probationary period or have been released from prison.

All other felony charges that aren’t considered dangerous or serious offenses have a two-year waiting period after you’ve completed your probation.

The only non-felony conviction that permanently takes away your gun rights is a domestic violence misdemeanor. This is a federal law, and under Arizona state law, gun rights can only be restored for those who have committed a felony, not a domestic violence misdemeanor.

How to Get Your Gun Rights Back

Once you’ve met the waiting period for your offense, you can petition to have your gun rights reinstated. A written request must be filed with the court, which will then decide if you’re eligible to receive your gun rights back.

Some of the factors the court will look at include:

  • Your criminal history
  • Probation performance
  • Length of time having clean record
  • Past violence
  • Severity of victim’s injuries

 

It’s also possible to have a felony conviction set aside, which would also reinstate your gun rights. For either of these processes, it’s recommended that you have an attorney to research your case, properly file the motions needed, respond to the court’s opposition, if any, and provide litigation services as needed.

The Easier Path to Gun Rights Restoration

When you work with JacksonWhite Law, you’re getting the best chance of having your gun rights restored. If you meet the criteria for restoration and want to get your right to own, possess and use a firearm, contact the criminal defense team at JacksonWhite Law. Please note that we only work with gun rights cases based in Arizona, and only with specific cases that meet our requirements.

30 Responses to “How Do I Get My Gun Rights Back in Arizona?”

  1. I was convicted of a felony the charge was adding an abetting the manufacturing of meth anfedamene back in 89 no new cases at all no wepons an no violence at all i was buck wild back then got two kids single dad going to school an i would like to teach my son how to use a wepon like my dad did for me can u help

    • Dear Mr. Thompson,

      Our drug crime defense team can assist you in getting your gun rights back. Please call us at 480-818-9943 to schedule a time to discuss your case with one of our attorneys. The first initial phone or in-person consultation is free.

      Thank you for your comment, we look forward to assisting you with this matter.

      JacksonWhite Criminal Defense Team

    • i got non felony non drug charge in 1995 like to get my gun rights back any help?

      • Dear Poster,

        Thank you for your comment. Typically, an offender would not lose their gun rights after a non-felony, non-drug crime conviction. However, if you need assistance reinstating your gun rights in Arizona, the criminal lawyers at JacksonWhite can assist you in doing so. From the information you have provided, you would likely be eligible to apply for reinstatement. However, I would first suggest that you confirm that you are a prohibited possessor of firearms in AZ.

        To schedule a FREE and private consultation with an experienced JacksonWhite criminal defense lawyer, please dial 480-818-9943.

        Thank you again, we look forward to assisting you.
        JacksonWhite Client Services

  2. I am currently living in california and am moving to arizona at the end of may beginning or june and I’m interested in getting my gun rights reinstated and would like to speak to someone concerning this matter so I can see what the process is and what my chances of getting my right to bear arms back please email me and help me to get the process in motion thabk you for your time

    • Hi Daniel,

      Thanks for your comment. We would be glad to assist you in reinstating your gun rights. I have passed your information along and someone from our criminal defense team will be in touch within 1 business day.

      Thank you again. -JacksonWhite Client Services

  3. If my felony conviction was in a state other then az do i have gun rights in az? If not can i get my gun rights restored?

    • Dear Mr. Van Wagenen,

      A felony conviction in any jurisdiction prohibits an individual from possessing a firearm in Arizona, unless that conviction has been expunged, set aside, or vacated. You may want to seek a criminal defense attorney in the state where you were convicted to see if you can have your conviction expunged or set aside. You may also dial 480-818-9943 to speak with a JacksonWhite criminal lawyer if you have any additional questions.

      Thank you for your comment,
      JacksonWhite Client Services

  4. I was accused on a charge of assault (M1) & disorderly conduct (F6) and got my gun confiscated. what must I do or be done for me to retrieve my weapon?

    • Javier,

      Thank you for your comment. The answer to this question varies greatly depending on the circumstances of the case. Generally, if a judge can find a reasonable relationship between the offense and the weapon, they may order such weapon to be confiscated. Furthermore, confiscation can be ordered upon conviction of an offense. An offender or their defense attorney may be able to negotiate terms, in a plea deal or otherwise, that involves the release of a confiscated weapon, or a weapon may be returned to a defendant if they are found not-guilty. Finally, it is important to remember that any convicted felon is prohibited from possessing firearms in Arizona and may not do so until their rights to possess firearms have been restored.

      Please keep in mind that this is not legal advice but is an answer given in general terms. If we can assist you further, please feel free to contact our criminal defense department at 480-818-9943.

      Thank you again,
      JacksonWhite Client Services

  5. Hi my name is Richard I was convicted of 3rd degree burglary and possession of marijuana with intent to del ever how would I get my gun rights back.

    • Hi Richard,

      Thank you for your comment. Once an offender has met the waiting period for their offense, they can petition to have their gun rights reinstated. A written request must be filed with the court to determine whether or not an offender is eligible to receive their gun rights.

      On the other hand, an offender may seek to have their felony conviction(s) set aside, which will reinstate their gun rights.

      It is recommended that an offender wishing to reinstate their gun rights consult with an experienced criminal defense attorney, as each offender’s case is different. In your case, it appears as though your were neither convicted of a “serious” or “dangerous” offense, so you are likely eligible to seek reinstatement. However, our attorneys would need the full details of your case to determine your eligibility. You can call to schedule a FREE consultation at 480-818-9943.

      Thank you again, we look forward to assisting you.
      JacksonWhite Client Services

  6. Hi! I was charged with possession of marijuana in Arizona in 2012. I completed TASC and paid all fines. Have my gun rights been taken away and if so how can I go back to reinstating them? Thank you for your help!

    • Ms. Kramer,

      Thank you for your comment. From the information you’ve provided, it appears that you are likely eligible to apply for a reinstatement of your gun rights in Arizona. The criminal lawyers at JacksonWhite would be happy to assist you throughout the process. To schedule a FREE consultation with one of our experienced criminal defense attorneys, please dial 480-818-9493.

      Thank you again, we look forward to assisting you!
      JacksonWhite Client Services

  7. I was convicted in 2001 for unlawful discharge of a firearm in city limits a class 6 felony and then in 2004 for theft of means if transportation both non dangerous non repetitive served prison time for both on first one was told upon completion if probation would drop down to a misdemeanor but didn’t complete second conviction was mandatory prison was released in 2006 and have been clean ever since what are my chances of. Getting them set aside and restoring my gun rights back

    • Dear Mr. Rodriguez,

      Thank you for your comment. In most cases, an offender in Arizona must successfully complete their probationary period before they are eligible to reinstate their gun rights. Similarly, an offender must complete all terms of their sentence (fines, jail/prison time, rehabilitation classes, etc.) before applying to have their conviction set aside. To speak with one of our criminal attorneys during a FREE consultation, dial 480-818-9943. With more information about your case, our lawyers will be better able to determine whether or not you are eligible for either process.

      Thank you again, we look forward to assisting you.
      JacksonWhite Client Services

  8. I am 36 years old was released from prison in 07. And was told I was eligible for my guns rights when I walked out the front gate. I live in Wyoming which is a hard state to get my gun rights back. What steps do I need to take to get my right to own a fire back. What petition am I looking for to file. thanks. My convictions are no violent and I have no domestic cases at all.

    • Dear Mr. Hether,

      Thank you for your comment. Unless you were convicted of your offense in Arizona, the criminal lawyers at JacksonWhite will be unable to assist you in obtaining your gun rights as we cannot handle Wyoming cases. If you are eligible to reinstate your gun rights in Wyoming, I would recommend that you contact a criminal defense attorney in your state who can assist you with the process.

      Best of luck,
      JacksonWhite Client Services

  9. I was charged and convicted while in the military of selling a small amount of pot,I also had a EPO served on me,the military was well over twenty years ago and the EPO happened over ten years ago,can I get my gun rights back?

    • Dear Mr. Ballard,

      Thank you for your comment. If your conviction was handled in military court, unfortunately, our attorneys will be unable to assist you as that lies outside of our jurisdiction. However, if that is not the case, and you were convicted by an Arizona court, we may be able to assist you in applying for a reinstatement of your gun rights. To speak with one of our attorneys during a FREE consultation, please dial 480-818-9943.

      Thank you again and best of luck,
      JacksonWhite Client Services

  10. i was charged and convicted here in az , more than 12 yrs ago.wanting to know how to get go through the restoration of gun rights. i wanted to go hunting with my son and both of us go through the gun safety program.

    • Dear Mr. Onesalt,

      Thank you for your comment. Depending on the circumstances of your case (i.e. the type of offense, whether it was a misdemeanor or felony charge), you may be eligible to request to reinstate your gun rights in Arizona. As it has been 12 years since your conviction, you are likely eligible if you completed the terms of your probation. To obtain assistance in applying for a reinstatement of your gun rights, please dial 480-818-9943 to schedule a free consultation with a JacksonWhite criminal defense lawyer.

      Thank you again, we look forward to assisting you.
      JacksonWhite Client Services

  11. I was convicted of involuntary manslaughter in Arizona, accidental death of a minor in 1973. Served 5 years probation and had the felony expunged. I have the right to vote. How do I regain my gun rights?
    Thank you.

    • Dear Jim,

      Thank you for your comment. Considering how much time has passed since your conviction, and the fact that your felony has been expunged, it would appear that you are likely eligible to regain your gun rights in Arizona, assuming you successfully completed all terms of your probation. The criminal defense team at JacksonWhite can assist you with applying for a reinstatement of your gun rights. Please schedule a FREE consultation with one of our criminal attorneys by dialing 480-818-9943.

      Thank you again, we look forward to assisting you.
      JacksonWhite Client Services

  12. My guns were confiscated for a DV arrest which was dismissed within 24 hours. Guns were not involved in DV situation. I feel guns were wrongfully confiscated. Judge ordered them held until further notice. I have no prior DV history nor do I have any other history. How do I get my guns back?

    • Dear Anthony,

      Thank you for your comment. This does not sound like a typical situation, as a judge usually only confiscates firearms if they believe the gun owner to be unfit to possess a firearm in some way (i.e. mental health issues, history of violence, etc.). I would recommend that you call a JacksonWhite criminal lawyer to discuss the details of your case. You can schedule a FREE in-person or phone consultation by dialing 480-818-9943.

      Thanks again–we look forward to assisting you.
      JacksonWhite Client Services

  13. I am on misdemeanor probation (non reporting) for a driving offense in california. It is legal for me to posses firearms here. Is it legal for me to posses in Arizona? Thanks, Alan

    • Dear Mr. Scott,

      Thank you for your comment. In Arizona, a misdemeanor does not cause someone to lose their gun rights unless the conviction is classified as a domestic violence offense. A domestic violence offense, whether a felony or a misdemeanor, will cause someone to lose their gun rights.

      To speak to a JacksonWhite criminal defense attorney, dial 480-818-9943 for a free and confidential consultation.

      Thanks very much,
      JacksonWhite Client Services

  14. I am 45 and this is my first in fraction with the law other that one speeding ticket and one following to close ticket, also I a am a retired marine combat veteran with multible combat tours. I plead to a misdemeanor disorderly conduct with DV in July of 2013. I was give 36 months probation with 26 DV classes upon successful completion of the classes in Feb. 2014 my probation was terminated by the Judge. Today the verdict was set aside by the court, which I have a copy of the set aside ruling, so what does this mean for my second amendment rights.
    R/S
    Benny

    • Hi Benny,

      Thank you for your comment. Considering that your offense was a misdemeanor and it has since been set aside, you should be eligible to reinstate your Second Amendment rights in Arizona. If you need assistance in doing so, please contact a JacksonWhite criminal defense lawyer at 480-818-9943 to schedule a FREE phone or in-person consultation.

      Thank you, we look forward to assisting you.
      JacksonWhite Client Services

Leave your comment using the form below:

Do you need
our help?

Call us now for a free consultation,
or have us call you by filling out the

form to the right. Our experienced criminal defense attorneys will call to help you with your case.

480-467-4370

We will only use this contact information for a one-time consulation unless you request otherwise. Read our privacy policy.


Enter your phone number and we'll call you right away!

×
You are visiting a jacksonwhitelaw.com practice area. return to the main site.