{"id":13799,"date":"2023-12-23T08:00:39","date_gmt":"2023-12-23T15:00:39","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=13799"},"modified":"2024-08-08T10:32:16","modified_gmt":"2024-08-08T17:32:16","slug":"can-felon-own-gun-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/can-felon-own-gun-arizona\/","title":{"rendered":"Can A Felon Own A Gun In Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

Unless your conviction has been expunged, set aside, or vacated<\/a>, or your gun rights have been restored, anyone convicted of a felony in any jurisdiction across the country is a prohibited possessor in every U.S. state. Federal law prohibits anyone convicted of a felony from purchasing or possessing any type of firearm.<\/span><\/p>\n

Arizona gun laws for felons are similar, but some people convicted of felonies can have their rights restored under certain circumstances. If you have been convicted of a felony, it\u2019s important to do your research and consider your case before you give up on the possibility of owning a gun. You may be able to have your rights restored by following a detailed petitioning process.<\/span><\/p>\n

Gun Laws in Arizona<\/h2>\n

An Arizona resident who is at least 21 years old can carry a concealed weapon without a permit if they are not a prohibited possessor<\/span>\u2014<\/span>this is also known as unrestricted carry or constitutional carry. However, a concealed carry permit can allow you to carry in several other states and in areas that are normally off-limits by law, like school zones and restaurants that serve alcohol.<\/span><\/p>\n

Anyone who is at least 18 years old can legally possess a firearm and open carry, as long as they\u2019re not a prohibited possessor.<\/span><\/p>\n

Arizona also recognizes valid permits from other states if the following conditions are met:<\/h3>\n
    \n
  1. The permit or license is recognized as valid in the issuing state.<\/span><\/li>\n
  2. The permit or license holder is legally present in Arizona.<\/span><\/li>\n
  3. The permit or license holder is not legally prohibited from possessing a firearm in Arizona.<\/span><\/li>\n<\/ol>\n

    A person cannot carry in Arizona if the following apply:<\/h3>\n
      \n
    1. The person is under 18 years old.<\/span><\/li>\n
    2. The person is under indictment for, or has been convicted of, a felony offense in any jurisdiction, unless that conviction has been <\/span>expunged<\/span>, set aside, or vacated, or the person\u2019s rights have been restored, and they are not currently a prohibited possessor under federal or state law.<\/span><\/li>\n<\/ol>\n

      Owning or possessing a gun with a previous felony conviction is considered misconduct involving weapons, which is a class four felony in Arizona. The penalty for this charge has a presumptive term of two years and six months in prison. If you have a prior felony conviction, this penalty has a presumptive term of four years and six months.<\/span><\/p>\n

      State v. Gahary<\/h2>\n

      The case <\/span>State v. Gahary<\/span><\/i> called into question a person\u2019s right to own a gun despite a previous felony conviction. The first case of its kind in Arizona, this case set a precedent for restoring gun rights to convicted felons in the state, even if the felony charge came from a different state.<\/span><\/p>\n

      The defendant in the case, Jacques Gahary, pleaded guilty to a charge of third-degree attempted criminal possession of a weapon in New York in 1982 but later moved to Arizona and wanted to pursue a restoration of his rights to own a gun. The case was decided by a three-judge panel in the court of appeals.<\/span><\/p>\n

      The court found that a felony conviction in another state does not necessarily prevent someone now living in Arizona from restoring their right to own a gun. The ruling determined that state courts do have the power to restore an individual\u2019s right to possess or carry a firearm.<\/span><\/p>\n

      The judges considered that Arizona law groups felony offenders into three categories under<\/span> A.R.S. 13-910<\/span><\/a>, each with its own right to gun ownership:<\/span><\/p>\n

        \n
      1. People convicted of \u201cdangerous offenses\u201d classified under Arizona law or a similar crime in another state. This group has no legal right to seek the restoration of their right to own a gun.<\/span><\/li>\n
      2. People convicted of \u201cserious offenses\u201d in Arizona or another state. This group can only seek to have their rights restored at least ten years after their cases have been absolutely discharged, which means that all fines are paid and all probation periods have ended.<\/span><\/li>\n
      3. People convicted of any other felony offense can seek to have their rights restored two years after their cases have been absolutely discharged.<\/span><\/li>\n<\/ol>\n

        The judges agreed that Gahary fell into the third category and was justified in asking for his rights to be restored. However, the right to own a gun is not automatically restored. The court ruled that it\u2019s up to a trial court to consider an appeal and determine whether to grant the return of rights to gun ownership.<\/span><\/p>\n

        How To Have Your Gun Rights Restored in Arizona<\/h2>\n

        According to<\/span> A.R.S. 13-908<\/span><\/a> and the precedent set forth by <\/span>State v. Gahary<\/span><\/i>, a person who is convicted of a felony can apply to have their gun rights restored, depending on the nature of their past felony charges. There are two main ways that you can have your rights restored.<\/span><\/p>\n

        Petition<\/h3>\n

        After an appropriate waiting period, you may be able to file a petition with the court to have your rights restored, depending on the nature of your conviction. This is usually ten years for serious offenses and two years for other felony offenses.<\/span><\/p>\n

        If you have been convicted of a dangerous offense, it\u2019s highly unlikely to have your rights restored. According to<\/span> A.R.S. 13-105<\/span><\/a>, a dangerous offense is one where the crime involves the use or threat of a deadly weapon or dangerous instrument or the intentional infliction of serious physical injury on another person.<\/span><\/p>\n

        If you meet the proper requirements to have your rights restored, you must make a written request to the court. It will then be up to the court to decide if you\u2019re eligible based on your conviction and your current case.<\/span><\/p>\n

        Some factors that may influence your ability to have your rights restored include:<\/span><\/p>\n