Can a Convicted Felon Possess a Firearm in Arizona?
The right to bear arms is provided for in the Constitution. Whether you use that firearm for sport, hunting or your own protection, it’s something you’re entitled to as a U.S. citizen if you follow the law.
Convicted felons cannot own a firearm in Arizona without going through the restoration process. If you violate this law, you could be looking at a class 4 felony charge for unlawful firearm possession. Getting convicted of unlawful firearm possession could include up to two and a half years in jail.
However, there is hope for convicted felons through firearm rights restoration. You’ll have to have completed your probation and meet certain criteria before being able to possess a firearm again.
Many people with prior felony convictions believe there is no option for them to own a firearm again. But with the help of a skilled attorney, you might be able to restore that right.
Depending on the felony that’s on your criminal record, you’ll need to wait anywhere from two to 10 years before filing a petition to restore your right to own a firearm.
Restoring your rights to own a gun
According to a 2020 Gallup poll, 32 percent of U.S. adults own a gun and 44 percent of U.S. households have a firearm. Chances are high that you’ll want to own a gun even after facing a criminal conviction.
The timeline for when you can apply for restoration of your rights to own a firearm is based on the type of crime you were convicted of. For most crimes, you’ll have to wait two years after you’ve completed your probation and been discharged from prison.
Serious convictions require that you wait 10 years from the date of completion of your probation. These serious offenses might include:
- Murder (first or second degree)
- Sexual assault
- Aggravated assault
- Crimes against children
Can all convicted felons apply for restoration of gun ownership rights?
No, some felons convicted of dangerous offenses cannot request that their gun ownership rights be restored. An example of a dangerous offense might include the use of a deadly weapon or dangerous instrument in the process of committing a crime.
If you have a conviction of this nature on your record, it’s unlikely that you’ll get your firearm rights back in Arizona.
Process for restoring firearm possession rights in Arizona
Once you’ve met the required waiting period for getting your rights restored, you’ll need to file a petition. This is a written request that you file with the courts. The courts will then evaluate your case based on the circumstances of your prior convictions and any other surrounding details.
Some factors that could impact the court’s decision to reinstate your firearm possession rights include:
- Criminal history
- Probation adherence
- Whether you have a history of violence
- The severity of the victim’s injuries, if any, in your prior conviction
- Rehabilitation attempts and programs following your conviction
Arizona criminal defense attorney
Losing your right to own a firearm is just one of many consequences of a criminal conviction. It’s best to avoid conviction in the first place instead of having to worry about how to get your right to bear arms reinstated later.
No matter the type of crime you’re facing, contact our law office immediately. We’ll arrive at the police station to defend your rights during questioning and ensure you don’t say or do the wrong things early in the process.
Whether it’s a minor misdemeanor or a severe felony charge, you need a criminal defense attorney who understands the impacts that a conviction would have on your way of life. Our law office takes representing our clients seriously. Get in touch for more information.