30 Nov Restoration of Firearm Rights After a Conviction
Arizona has strict laws regarding criminal convictions and the right to own and operate a firearm. However, your right to own a firearm can be restored in certain circumstances. In Arizona, all felony convictions and some misdemeanor convictions mean losing your Second Amendment right to bear arms.
- Even for those from out of state, a felony conviction will negate your right to own or operate a firearm in Arizona.
- Misdemeanor convictions that were classified as dangerous crimes or domestic violence also automatically include the loss of firearm rights. Some courts may implement a ban on firearms as a condition of probation or parole. Meaning, even if there is not automatic removal of firearm rights, the court may implement one.
When Does Arizona Allow the Restoration of Firearm Rights?
Getting back your right to own and operate a firearm will depend on the circumstances of your case. If you are eligible, you will have to go through a long waiting period before your rights are restored. The application and review process takes a significant amount of time, as well. It may be several years before your rights are fully restored.
The Type of Conviction Matters
Convictions for crimes against minors, domestic violence, sexual crimes, and dangerous offenses will prevent you from being eligible for the restoration of your Second Amendment rights. Arizona’s penal code defines a dangerous offense as an “offense that involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument. OR the intentional and knowing infliction of serious physical injury on another person.”
Undergoing the Waiting Period
The felony class that you were convicted of will determine your waiting period. The waiting period begins once a sentence is served, and may be extended until all restitution has been paid. A criminal defense lawyer may be able to argue that the waiting period be shorted, however it is not typically successful.
- Class 4, 5, or 6 felonies have a waiting period of 2 years.
- Class 2 or 3 felonies have a waiting period of 5 years.
- For dangerous offenses, the waiting period is 10 years.
Application Process
To restore your right to possess a firearm, you must fill out and file an application in the Arizona Superior Court. It must be filed in the county where the conviction was handed down, after the mandatory waiting period, and separate applications must be filed for each felony conviction.
Reinstatement of Your Rights
Once the application is filed, it will be reviewed. Typically this review can take around 90 days, however, it has been known to go longer. When the court makes its decision, written notice will be given. If the application is denied, a reason will be provided and you may file a new application for reconsideration.
Criminal Defense Attorney in Phoenix Arizona
If you want to keep your rights intact, you need a lawyer who can build a strong defense. Todd Coolidge is one of the best criminal defense lawyers in Phoenix. He has over 25 years of experience in the Arizona justice system, and he can help you build the best defense for your case. If you are facing criminal charges, contact us today for a consultation.
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