Restoration of Firearm Rights in AZ
If you are convicted of a felony crime in the State of Arizona, you will lose your right to purchase, own, and carry a firearm. However, this prohibition may be reversible. Depending on your situation, you may be eligible to restore your right to bear arms upon completion of certain legal requirements.
Our Phoenix gun crime attorneys can help. Contact Corso Law Group to discuss your legal options today.
What Does It Mean to Be a Prohibited Possessor in Arizona?
Arizona Revised Statutes (ARS) § 13-3101(A)(7) defines a “prohibited possessor” as anyone who has lost the civil right to possess a firearm pursuant to court order, and whose right to possess a firearm has not been restored. If an individual can be described as any of the following, he or she will lose the right to possess a firearm in Arizona:
- Found by the courts to constitute a danger to self or others.
- Convicted of a felony offense within or without the state.
- An undocumented immigrant (with some exceptions).
- Found incompetent based on a mental health condition.
In addition, someone who is currently serving a prison term or on probation can temporarily become a prohibited possessor; however, gun rights are generally restored upon completion of the sentence. If you are classified as a prohibited possessor, you must give up any guns you currently own and are prohibited from carrying any firearms until this civil right has been restored.
How Do I Qualify for the Restoration of My Arizona Firearm Rights?
Certain individuals will have their firearm rights automatically restored as first-time felony offenders in Arizona, under ARS § 13-907, upon completion of probation or discharge from imprisonment, as long as all restitution has been paid. However, this law does not apply to individuals who are convicted of dangerous (ARS § 13-704) or serious felony offenses (ARS § 13-706).
People who are convicted of dangerous offenses, such as assault with a deadly weapon or dangerous instrument, are permanently barred from having their firearm rights ever restored in Arizona. Individuals who are convicted of serious felony offenses under ARS § 13-706 must wait at least 10 years from their absolute discharge to file an application. If your firearm rights are not automatically restored, you can still apply for the right to bear arms if you are a qualifying individual.
How Do I Apply for the Restoration of My Firearm Rights in Arizona?
If you have already had your felony conviction set aside as of at least July 3, 2015, your firearm rights have been automatically restored under Arizona law. If your conviction was set aside before this date, however, you will need to file an application to restore the right to carry a firearm.
Applying to restore your firearm rights involves filling out the required paperwork and submitting it to the courts. You will need to know information such as the date of your felony conviction, any pending cases or warrants against you, and why you want your firearm rights restored. Note that if you have multiple convictions, you will need to fill out separate applications for each case number.
How Can Our Phoenix, AZ Criminal Defense Lawyer Help?
You have the right to hire a gun crime attorney in Phoenix to assist you with the process of applying to restore your firearm rights as a prohibited possessor in Arizona. An attorney can make sure you fill everything out correctly and completely the first time, avoiding potential mistakes that can be time-consuming.
Our attorneys can also assist you with other aspects of restoring your rights after a felony conviction, such as having your conviction set aside or expunged, if possible. Contact our Phoenix criminal defense attorney at Corso Law Group today for a free consultation about your particular situation to learn more.
