Are you interested in restoring your firearm rights in Arizona? Our experienced criminal defense attorneys can help you navigate the complexities of the restoration process. Understanding Arizona's "Prohibited Possessor" laws and recent changes to firearm rights restoration is crucial when seeking to regain your right to possess a firearm.
Who is a "Prohibited Possessor" in Arizona?
Under Arizona law (A.R.S. § 13-3101(A)(7)), a "Prohibited Possessor" includes any person who:
Has been convicted or adjudicated delinquent of a felony and whose civil right to possess or carry a firearm has not been restored.
Is currently serving probation for a misdemeanor domestic violence offense.
Restoring Firearm Rights for First-Time Felony Offenders
Effective September 24, 2022, first-time felony offenders in Arizona automatically have their firearm rights restored upon completion of probation or absolute discharge from prison under A.R.S. § 13-907(A), as long as they have paid all imposed restitution. This new rule does not apply to individuals convicted of dangerous (13-704) or serious offenses (13-706).
For those who completed probation or were discharged from prison before September 24, 2022, an application to restore firearm rights is necessary.
Applying for Restoration of Firearm Rights
If you still owe restitution, you can file an application for restoration of rights under § 13-908. While there is no waiting period to file the application, the court has discretion in granting it.
Please note that individuals convicted of a dangerous offense (13-704) can never apply to have their firearm rights restored, and those convicted of a serious offense (13-706) must wait 10 years from their absolute discharge date to file an application.
Misdemeanor Convictions and Firearm Rights
If you were convicted of a misdemeanor domestic violence offense and are serving probation, you are temporarily considered a "Prohibited Possessor." Once you complete probation, you automatically regain your right to possess a firearm and do not need to file any additional paperwork.
Set-Aside Convictions and Firearm Rights
For anyone who had their conviction set aside after July 3, 2015, their right to possess a firearm has been restored. However, if your conviction was set aside before July 3, 2015, you need to file an application to restore your firearm rights.
If you need assistance with restoring your firearm rights in Arizona, our experienced criminal defense attorneys are here to help. Contact us today to discuss your case and determine the best course of action for your situation.
