The Second Amendment protects the freedom to bear arms, a fundamental component of American liberty. Nonetheless, this privilege is not unqualified in Arizona or the rest of the country. Felony convictions put serious restrictions on gun ownership. This is a complicated legal matter that calls for a careful analysis to balance the interests of public safety, the possibility of rehabilitation, and the Second Amendment's rights.

Below, we explore Arizona's legal system in relation to gun ownership and felonies and answer the question: Can you own a firearm after a felony conviction?

Arizona Gun Laws

Registration of firearms is strictly forbidden by Arizona law. Arizona Revised Statutes (ARS) Section 13-3108(B) expressly prohibits the enactment of firearm registration requirements by any counties or cities in the state. This unified strategy guarantees uniform laws on gun ownership in Arizona.

There are two primary reasons for this law, namely:

• Arizona strongly emphasizes a uniform approach to gun control, avoiding different local laws.
• Further, some Second Amendment interpretations see the requirement for registration as a possible violation of the right to keep and bear arms. Arizona has committed itself to this viewpoint, as reflected in ARS 13-3108(B).

The firearms rules in Arizona provide a startling contrast. Although the state generally permits easier access to firearms than other states, it strictly prohibits felons from owning them. This seemingly contradictory approach reflects Arizona's attempt to strike a balance between sensible gun ownership and public safety considerations.

Arizona's system is not entirely inflexible. After a set amount of time and after proving your rehabilitation, you could seek to have your gun privileges restored in specific situations. This procedure provides a way to regain your gun ownership rights, but only after you demonstrate that you are responsible.

Regaining Gun Rights After a Felony Conviction in Arizona

Arizona does not offer automatic restoration following sentence completion regarding regaining gun rights. You have to go through an official application process in Arizona. The seriousness of your felony offense determines your eligibility and the particular conditions for restoration.

Arizona divides felonies into severity categories. Due to the state's emphasis on public safety, if you are found guilty of any particularly dangerous crimes listed in Arizona Revised Statutes 13-704, you will be permanently banned from owning or handling guns. Some of these offenses include:

A crime is only deemed dangerous if it fits one of two requirements:

• Weapon involvement — The conduct of the offense includes the use, discharge, or menacing exhibition of a lethal weapon or other harmful device.
• Serious physical injury — When someone commits a crime, they know or purposefully cause another person to suffer substantial bodily harm.

Therefore, domestic violence could be regarded as a dangerous offense if the two requirements above are met.

You have to wait a long time before requesting restoration if you were found guilty of "serious offenses" as defined by ARS 13-706. These crimes include:

• First-degree burglary.
• Armed robbery.
• Kidnapping.
• A dangerous crime against a child, and
• Arson of an occupied structure.

Arizona has two avenues in which you can restore your Second Amendment right, namely:

• Filing a set-aside application and
• Filing a firearm’s restoration application.

1. Setting Aside a Conviction

The process in Arizona for regaining gun rights following a felony conviction is complex and depends on the seriousness of the offense. Setting aside the conviction through ARS 13-905 can be a preliminary step, but it does not guarantee the restoration of firearm ownership rights.

Arizona Revised Statutes (ARS) 13-704 and 13-706 determine the classification of your crime and the waiting periods before you can petition for restoration. These statutes control the restoration procedure.

• Felonies that are not violent — Depending on the particular class, you have two to five years to apply for restoration after serving out your sentence and fulfilling any court-mandated obligations.

1. Class 1 misdemeanor has a three-year wait period.
2. Class 2 and 3 misdemeanors have a two-year wait period.
3. Classes 4, 5, and 6 have a five-year wait period.

• Serious offenses (ARS 13-706) — These have harsher waiting periods and involve heinous crimes. Before seeking restoration, there is a ten-year waiting period from the date of your sentence's absolute discharge. Class 2 and 3 felonies fall into this category.
• Dangerous Offenses (ARS 13-704) — These are primarily crimes involving the use of lethal force. Restoring your firearm rights after these convictions is illegal in Arizona. Some of the crimes that fall under this category include:

1. First and second-degree murder.
2. Sexual conduct with a child under 15 years of age or any other convictions of crimes with a minor of a similar age.
3. Manslaughter.
4. Aggravated assault that results in serious physical injuries.
5. Sex crimes.

Once qualified according to the waiting period associated with your criminal category, you must petition the court in the county where you were convicted. This official restoration process requires the following:

• Information on the offense.
• Verified completion of court-ordered duties and
• Recorded proof of rehabilitation.

Setting Aside Vs. Expungement

Arizona takes a different approach than other states regarding expunging convictions from your record. Arizona offers an alternative to traditional expungement, which is not available for most offenses: Arizona Revised Statute 13-905 allows for the setting aside of a conviction. This procedure has a lot to offer for people seeking a new beginning.

Expungement removes the conviction from your official history. When an expungement is successful, the offense is typically considered to have never occurred in most states with expungement laws, and you generally are not required to reveal it on background checks, with rare exceptions.

The "setting aside" procedure in Arizona is a valuable substitute. If accepted, the conviction will no longer appear on most background checks, significantly improving your prospects of getting a job, renting an apartment, or getting a professional license. Equally important is that law enforcement and specific government organizations still have access to this data.

2. Gun Rights Restoration

After a felony conviction, Arizonans must formally apply to the court that issued the initial conviction to regain their right to own firearms. This guarantees that the court managing the restoration procedure has all relevant case files and legal authority.

The Arizona Judicial Branch provides a template form to expedite the application process in simple situations. You can amend the template by adding particulars or unique situations to a custom move if necessary.

The court could charge a filing fee, and the restoration process usually takes five months.

According to Arizona law, eligibility for restoration and waiting periods is based on the severity of the violation. Serious offenses require a ten-year wait following case completion, whereas non-violent felonies require a two-year wait. Unfortunately, violent offenders will never be able to get their gun privileges restored.

Before submitting, consider whether a special motion is required to accurately depict your circumstances. Remember that each jurisdiction could have different court procedures and fees. It is essential to investigate the particular needs of the court you intend to file with for a seamless application process.

Victim Restitution and its Impact on Your Application

Restitution to the victim could greatly influence the court's ruling. Restitution demonstrates your rehabilitation. It also fulfills two essential functions, namely:

• Fulfilling your court-mandated reparations demonstrates your culpability and regret — It demonstrates to the judge your awareness of the harm you have caused and your resolve to atone for your conduct.
• Making a whole payment shows your fiscal accountability — This is especially important if financial offenses were a part of your initial offense. Making amends shows that you can handle your money sensibly, which could allay fears about dangerous behavior in the future.

Ultimately, making amends shows that you are committed to becoming a law-abiding member of society again. Completing court-mandated reparations demonstrates your active efforts to undo the harm and make progress. This is a strong sign of your general moral character and your lower likelihood of committing new crimes.

Federal Law’s vs. Arizona Law’s Approach to Firearm Ownership Following a Domestic Violence Case

Gun possession is prohibited for anyone convicted of misdemeanor domestic violence offenses under federal law, 18 U.S. Code § 921. Nonetheless, there are exclusions for people who have had their convictions:

• Expunged — An expungement means having your conviction erased from your record.
• Set-aside — The court can vacate a conviction, possibly lifting the prohibition on federal firearms.

Some states offer a civil rights restoration process that allows for the restoration of gun ownership rights after domestic violence crimes. However, they also automatically take away gun rights.

In Arizona, reversing the conviction or expunging the record does not immediately restore your right to bear arms.

In Arizona, federal convictions pose a serious barrier to restoring your Second Amendment rights. The process involves navigating a complicated web of federal and state rules, but it is not impossible. Federal law imposes firearm restrictions based on the type of felony conviction. Certain offenses lead to a lifetime prohibition on gun ownership, while other offenses impose waiting periods before restoration eligibility.

As mentioned, the state does not have an automatic restoration procedure for convictions made under federal law. Arizona law could still prohibit the possession of firearms even after your probation and federal term have ended. However, there are restoration routes.

One way to get relief from firearm disabilities is to file a petition with a federal court. To do this, you must provide proof of your rehabilitation and decreased risk to public safety. You can also regain your federal firearm rights with a presidential pardon, although these are uncommon and need strong evidence.

Legal Consequences of Possessing a Firearm Without Restored Rights

In Arizona, carrying a weapon without having your gun rights reinstated carries serious legal ramifications that extend to the federal level. The "Possession of a Firearm by a Prohibited Person" provision of the Arizona Revised Statute (ARS) 13-1907 applies to people who are barred by state-mandated restrictions, restraining orders against domestic abuse, or felony convictions. A Class 4 felony, violating ARS 13-1907, has severe penalties. These include:

• Mandatory minimum terms in some situations.
• Hefty fines of up to $150,000 (with higher amounts for individuals with past criminal records), and
• A maximum sentence of 2.5 years in prison.

Further limitations on the possession of firearms by forbidden individuals are enforced by federal law. Similar to Arizona Revised Statute 13-1907's restrictions, the Federal Gun Control Act of 1968 forbids the possession of firearms by:

• Anyone under restraining orders.
• Convicted felons, and
• Anybody else excluded by federal law.

A federal felony conviction for breaking these federal regulations carries severe penalties, like a possible sentence of ten years in jail, hefty fines, and a lifetime prohibition from owning a firearm.

These limitations go beyond mere ownership. Even more serious charges could result from carrying a concealed weapon while your rights are suspended without a permit. Even though private gun purchases frequently bypass background checks, trying to sell a weapon while it is illegal could still have legal repercussions.

Find a Phoenix Criminal Defense Attorney Near Me

Regaining gun rights following a criminal conviction is a complicated legal experience. However, a lot of people have been able to get their gun rights back, and if you take the proper legal steps, you can, too. It is essential to understand the standards in Arizona. This could include requesting a gubernatorial pardon, filing a court petition, or expunging records, all of which would indicate your dedication to responsible gun ownership and rehabilitation.

Understanding intricate legal procedures is necessary to navigate this process. It is imperative to seek advice from an experienced criminal defense lawyer focusing on restoring firearms rights. You can talk to our attorneys at the Phoenix Criminal Attorney. We will carefully evaluate your case, develop a strong plan, and ensure you satisfy all legal requirements.

Our experience offers significant benefits. Our experienced attorneys can represent you in court and provide peace of mind from having an experienced lawyer on your side. We are committed to getting the best result possible for you without delay. Call us at 602-551-8092. With our help, you can confidently proceed and recover your Second Amendment rights.