UPDATED: August 2013
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.