Restoring Gun Rights in Arizona

Tucson Criminal Defense Lawyer Explains Restoring Firearm Rights in Arizona

One of the more common inquiries our Tucson criminal defense law firm receives from individuals seeking to clean up their past criminal record is from individuals seeking to restore their right to own a firearm.  Firearm ownership is a fundamental right in the United States, and for many the chosen means of protecting ones home and family.  For those who have suffered certain types of criminal convictions, however, gun ownership is prohibited, and exposes a person to prosecution in Arizona state court, or even in federal court for being a prohibited possessor or felon in possession of a firearm. 

In addition to the Second Amendment to the United States Constitution providing Americans with the right to bear arms, Article II, Section 26 of the Arizona Constitution provides a clear individual right to bear arms, providing as follows:  "The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men."

It should be noted that the aforesaid right can be taken away in Arizona, usually as the result of certain criminal convictions, or, in some cases, upon the granting of an order of protection.  Both federal and Arizona law provide for mental health-related firearm prohibitions.  Arizona law also prohibits firearm possession and ownership by illegal immigrants.

For many people, the right to own or possess a firearm can be restored.  In the case of a disqualifying criminal conviction, this restoration process requires applying for restoration in the court where the conviction occurred.  Depending on the severity of the underlying conviction, there are different waiting periods and requirements to restore firearm rights.  Notably, the right is not automatically restored, and a person who is eligible for restoration of their firearm rights will still be prohibited from owning or possessing firearms until following the necessary steps to have the right restored.  A person who is caught with a firearm without having had the right restored faces a class 4 felony, which carries a presumptive term of two and a half years in prison, and an aggravated term of three and three quarters years.  Depending on the prior conviction, the punishment can actually be even greater.

Felony convictions suspend firearm ownership rights, as well as other civil rights (right to vote, right to hold public office of trust or profit, the right to serve as a juror).  The restoration of other civil rights is a separate process from that to restoration of firearm rights, and is, in some cases, automatic.

There are two ways in which a person can apply for restoration of their firearms rights.  First, a "set aside" application can be filed in the court where the past conviction(s) occurred.  This procedure applies to those convicted of non-serious offenses and misdemeanor domestic violence offenses.  Those convicted of serious offenses are ineligible for a set aside.  The other method of restoring firearm rights, which applies to more serious criminal convictions, is a firearm rights restoration application, pursuant to A.R.S. § 13-910.  Like a set aside application, this application must be filed with the court where the past conviction(s) occurred. 

• A person convicted of a non-serious offense in Arizona may apply to have their firearm rights restored TWO years after the completion of their sentence. 
  
• A person convicted of a serious offense in Arizona may apply to have their firearm rights restored TEN years after the completion of their sentence.
  
• A person convicted of a dangerous offense in Arizona may not apply to have their firearm rights restored.
  

IF YOU OR A LOVED ONE HAS SUFFERED A PRIOR CONVICTION IN ARIZONA, AND WISHES TO SEEK RESTORATION OF THEIR FIREARM RIGHTS, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A CRIMINAL DEFENSE LAWYER.  520-585-5757.

Visit our page about Set Aside/Expungement/Cleaning Up Your Record, generally.

Pima County Superior Court
Pima County Justice Court
Tucson City Court

AZ Dept Public Safety Record Review Packet
AZ Set Aside Statute (ARS 13-905)
AZ Restore Firearm Rights Statute (ARS 13-910)