Gun Rights Restoration in Arizona
Why types of cases can affect gun rights?
Felony Convictions
Any type of felony conviction will cause you to lose your gun rights. This not only applies to violent crimes, but also non-violent crimes. Arizona law covers this under A.R.S. § 13-3102. If you were convicted in a federal court then the process of restoring your gun rights is different. You can learn more about federal gun rights restoration on this link.
Misdemeanor Convictions
Many people are surprised to find out that some misdemeanor convictions will cause you to lose your gun rights. 18 U.S. Code § 922 prohibits anyone convicted of a domestic violence crime from possessing firearms or ammunition. To put it simply, a domestic violence conviction has the same affect on your gun rights as a felony does.
Restraining Orders
In Arizona there are two types of restraining orders. The first being an Order of Protection and the second being an Injunction Against Harassment. We’ll focus on the former as it will affect your gun rights. An Order of Protection is used to protect victims of domestic violence. In Arizona, an Order of Protection is valid for one year and your gun rights are suspended for the duration of it.
How can I restore my gun rights?
The process for restoring your gun rights depends on what caused you to lose them and what court the case was in.
Criminal convictions in Arizona
Many people refer to the process as expungement, but in Arizona restoring your rights is done by setting aside your conviction. This applies to both felony cases and misdemeanor domestic violence cases. AZ Rights Restoration is experienced and can help you restore your rights through a set aside. Contact us today to learn how we can help you seek a set aside.
Criminal convictions in other states
Each state has their own process for restoring rights. Rights restoration must be done in the court you were convicted in. Fortunately, many attorneys and courts allow this to be done on video or phone calls which makes it easier if you’re unable to travel. If you wish to retain an attorney for a conviction in another state then you’ll need to find one that is licensed in that state.
Restraining Orders
There are only two ways to restore your gun rights if there is an Order of Protection against you. In Arizona, an Order of Protection is valid for one year. When it expires you regain your gun rights (As long as you don’t have other legal matters restricting your rights and the other party hasn’t obtained a new order). The other way is if the court quashes the order. In Arizona, you’re entitled to a hearing to contest an Order of Protection within 10 days of formally requesting one. During these hearings, the other party explains to the court why an Order of Protection is necessary and you’ll explain why it isn’t. The court will then make a decision whether to quash the order or allow it to remain in effect.
What if my felony conviction is for a "serious" or "dangerous" offense?
A dangerous or serious offense can affect your ability to restore your gun rights. Please see this link for more information.
What can happen if I'm caught with a firearm after I've lost my gun rights?
Many people naturally feel like they should still have their gun rights. With how deeply many people value that right, some may be tempted to possess firearms anyways. Don’t do it! If you have lost your gun rights, there are serious legal consequences that can land you in prison for years if you’re caught with a gun. If you’ve lost your gun rights, contact AZ Rights Restoration to learn how we can help you restore that valuable right.
About the author:
As a manager at AZ Rights Restoration, John Furman is a strong supporter or the individual freedoms and liberties the Constitution guarantees.
