If you are facing misdemeanor or felony charges in Phoenix, you may be
wondering if a conviction would block you from possessing, controlling,
or purchasing a firearm, and understandably so.
While most misdemeanor convictions won’t preclude a person from possessing
or purchasing a firearm in Arizona, misdemeanor convictions for
domestic violence as defined under Sec. 13-3601, and a conviction for
any felony will block someone from owning or buying a firearm.
To possess or buy a firearm in Arizona, you must:
- Be a resident of Arizona, or be a U.S. citizen;
- Not be indicted for a felony offense;
- Not be in the U.S. illegally;
- Not be convicted of a felony, unless it’s been expunged, pardoned,
vacated, set aside, or your right to possess firearms has been restored; and
- Not be adjudicated mentally incompetent, nor can you be committed to a
Under ARS 13-3101(7), a prohibited possessor is any person who has been
convicted of a felony in Arizona or in any other state, and whose civil
rights to own or possess a firearm have not yet been restored.
Prohibited possessors include those who at the time of possession were
on probation for a domestic violence offense under Sec. 16-3601, or a
Restoration of Civil Rights
If a person is convicted of a felony, their civil liberties, including
the right to bear arms will be suspended. If you are ultimately convicted
of a felony offense, your civil rights may be restored.
If an individual in Arizona only has one felony conviction, then their
rights will be automatically restored when they complete their probation,
or upon an absolute discharge from prison once they have paid all of the
imposed fines or victim restitution.
Please note: restoring one’s civil rights does not apply to the right
to possess a firearm. In order to do this, one must file an application
with the Maricopa County Superior Court.
Are you facing criminal charges and worried that a conviction could block
you from owning or buying firearms? If so, contact the
Law Offices of Joshua S. Davidson, PLC to work with a
former prosecutor turned Phoenix criminal defense attorney!