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What Happens If You Lose Your Gun Rights?

September 16, 2016

Arizona law restricts or removes the gun rights of “prohibited possessors,” which are individuals who have been convicted of a felony or domestic violence misdemeanor. Although some convictions automatically terminate the right to possess a firearm, there are channels available for many offenders to petition for their reinstatement. If you have lost your gun rights due to a criminal conviction in Arizona, it’s important to understand whether your firearms rights can be restored and how to achieve this goal.

Determining Your Restoration Eligibility

Arizona law holds several requirements regarding the ability to petition for restoration of gun rights. In general, felony offenders must wait to petition for the restoration of their rights until at least two years after their discharge from probation. Felony offenders convicted of murder or manslaughter, aggravated assault, armed robbery, dangerous crimes against children, kidnapping, arson, first-degree burglary, or sexual conduct with a minor must wait a period of ten years following probation to apply for gun right reinstatement. Furthermore, some felony offenders may not have their gun rights reinstated at any point; these felonies mainly include convictions in which a weapon was used to commit a crime or cause serious injury.

Applying for Gun Right Reinstatement

Once you are eligible to have your gun rights reinstated, you must file an application for rights restoration with the court in which you were convicted. This may be done via either court forms or by filing a custom motion. However, it’s important to recognize that eligibility and a completed application do not necessarily mean that your gun rights will be reinstated—this is why it’s best to work with a criminal defense attorney when you wish to reinstate your gun rights. Your attorney will fight for your rights to own a gun, even if your prosecutor continues to argue against them.

Have you suffered the loss of gun rights in Arizona following a felony or misdemeanor? Janet Altschuler, Attorney at Law can help—please give us a call at (520) 247-1789 or visit our website for more information about our criminal defense practice in Tucson.