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 mental institution.

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 felony offense.

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 Davidson Criminal Defense & DUI Law Firm, PLC to work with a former prosecutor turned Phoenix criminal defense attorney!

Categories : Civil Rights Resoration, Criminal Defense, Domestic violence, Felony