Domestic Violence and gun rights

It is not uncommon for gun rights to be removed as a result of domestic violence. Some rights are automatically restored at the successful completion of probation; however, the right to possess a gun or firearms is not automatically returned. You must file a motion with the court and ask that the gun rights be restored to you. Sometimes the court will want to review the nature of the offense that led to the right being taken away. The court will also want to look at your behavior since the right was taken away – for example, have you been charged with any new crimes? Are you employed? Are you in school? etc. Arizona law allow for the application for the restoration of certain rights lost during the course of a criminal case. You should try to regain as many rights as possible after your case so that you can continue on with your life.

Have more questions regarding domestic violence and gun rights? Contact criminal defense attorney Jeremy Geigle for a free consultation regarding your question.

2 Responses to “Domestic Violence and gun rights”

  1. I was found guilty of an assault charge 13-1203 back in 1999. I completed probation and counseling classes and paid all the fines. I would like to purchase a firearm will this prevent me from getting approved? Do I need to go to the courts and check my case to see if it gun rights were taken permanently?

    • A guilty plea for some offenses can prevent a person from obtaining a firearm. One step in the right direction would be to petition the court to set aside the conviction. A motion to set aside the conviction, if successful does exactly what it says: sets aside the conviction. The procedural history of what happened will be there, but the conviction will be set aside. This can have a positive effect on re-gaining gun rights. Depending on the conviction, there may be a time period to wait prior to re-gaining gun rights and there is no guarantee that setting aside the conviction will automatically ensure that gun rights are restored. There are many factors which are considered before someone is cleared to purchase a firearm. Setting aside prior convictions is one way to help.

      If you need additional assistance, please contact criminal defense attorney, Jeremy Geigle at 480-818-9943. Mr. Geigle offers free consultations.

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