Rights Restoration for Dangerous and Serious Felony Convictions

In addition to enhanced sentencing for certain crimes, Arizona law may affect your ability to restore your gun rights for those same crimes. In this article we'll explore the types of crimes that can cause you to either permanently lose your firearm rights or those that make you wait 10 years before restoring them.

What is a dangerous felony?

Some felony convictions are marked as “dangerous” by the courts. A.R.S. § 13-105 defines a dangerous offense as

“Dangerous offense” means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

What is a serious felony?

Arizona courts may also label a felony conviction as a “serious offense”. A serious offense is defined in A.R.S. § 13-706 as

“Serious offense” means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

      • First degree murder
      • Second degree murder
      • Manslaughter
      • Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument
      • Sexual assault
      • Any dangerous crime against children
      • Arson of an occupied structure
      • Armed robbery
      • Burglary in the first degree
      • Kidnapping
      • Sexual conduct with a minor under fifteen years of age
      • Child sex trafficking

How does my felony being classified as dangerous or serious affect my ability to restore my rights?

You may be eligible to restore most of your civil rights, but gun rights are treated differently.

Dangerous Offenses

If your felony conviction is marked as a dangerous offense by the courts unfortunately you may be permanently ineligible to restore your firearm rights. You are however eligible to restore your other civil rights.

Serious Offenses

If you’ve been convicted of a serious offense felony then you have to wait 10 years before being eligible to restore your gun rights.

Restoring your gun rights.

Restoring your gun rights can be challenging. Having an experienced rights restoration attorney can help. If you’re looking to restore your Second Amendment rights please contact us to learn how we can help. We offer payment plans and affordable rates.

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