Restore Your Firearm Rights in Arizona | Criminal Defense Attorneys
Are you seeking to restore your firearm rights in Arizona? Navigating the restoration of firearm rights process can be complex, but with the help of our experienced criminal defense attorneys, you can better understand your rights and take the necessary steps to regain them. Understanding Arizona's "Prohibited Possessor" laws and recent changes to firearm rights restoration is crucial for anyone looking to restore their right to possess a firearm.
Who is a "Prohibited Possessor" in Arizona?
Under Arizona law (A.R.S. § 13-3101(A)(7)), a Prohibited Possessor is defined as anyone who:
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Has been convicted or adjudicated delinquent of a felony and whose civil rights, including the right to possess or carry a firearm, have not been restored.
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Is currently serving probation for a misdemeanor domestic violence offense.
Understanding who qualifies as a Prohibited Possessor is the first step in restoring firearm rights. If you find yourself in this category, it's important to know your options and how to take action.
Restoring Firearm Rights for First-Time Felony Offenders
Effective September 24, 2022, a significant change in Arizona law allows first-time felony offenders to automatically restore their firearm rights once they complete their probation or are absolutely discharged from prison under A.R.S. § 13-907(A), provided they have paid all restitution imposed by the court. This new law offers a streamlined process for many individuals who have completed their sentences and are looking to regain their Second Amendment rights.
However, this law does not apply to individuals convicted of dangerous offenses (A.R.S. § 13-704) or serious offenses (A.R.S. § 13-706). If you completed probation or were discharged from prison before September 24, 2022, you will need to submit an application for restoration of firearm rights.
Steps to Restore Your Firearm Rights After a Felony Conviction
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Automatic Restoration: For first-time offenders who completed probation or were discharged post-September 24, 2022, the process is automatic.
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Application Required: For those who completed their sentence before September 24, 2022, you must file an application under A.R.S. § 13-908 to restore your firearm rights.
How to Apply for Firearm Rights Restoration
If you are eligible for firearm rights restoration, there are a few key steps you need to take:
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Ongoing Restitution: If you still owe restitution, you may file an application under A.R.S. § 13-908 to restore your rights. While there is no waiting period to file the application, the court has discretion to grant or deny your application.
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Dangerous and Serious Offenses: If you have been convicted of a dangerous offense (A.R.S. § 13-704), you cannot apply for restoration of your firearm rights. For serious offenses (A.R.S. § 13-706), you must wait 10 years from the date of your absolute discharge before applying for restoration.
Prohibited Possessor Due to Misdemeanor Domestic Violence
If you were convicted of misdemeanor domestic violence and are currently serving probation, you are temporarily considered a Prohibited Possessor. However, once you complete your probation, your right to possess a firearm is automatically restored without the need for filing any additional paperwork.
Set-Aside Convictions and Firearm Rights Restoration
If your conviction was set aside after July 3, 2015, your right to possess a firearm has already been restored. However, if your conviction was set aside before July 3, 2015, you must submit an application to restore your firearm rights.
Why Work with an Experienced Criminal Defense Attorney?
The firearm rights restoration process in Arizona can be complex and requires an in-depth understanding of state laws. Our experienced criminal defense attorneys have extensive knowledge of Arizona's legal landscape and can help you through every step of the firearm restoration process.
Whether you need assistance with filing your application, understanding eligibility requirements, or challenging a denial, our team is here to guide you.
Call to Action: Get Help Restoring Your Firearm Rights Today
If you are ready to restore your firearm rights in Arizona or need help navigating the restoration process, we are here to assist you. Our team of skilled criminal defense attorneys will provide you with the personalized, expert legal advice you need to secure the best possible outcome.
Contact us today to schedule a free consultation and discuss your case. Call us at (928) 753-6868 or fill out our online case evaluation form to get started.
