Restoring State and Federal Gun Rights
In Arizona you cannot possess a gun/weapon/firearm if you have been convicted of a felony unless you have had your right to possess weapons restored. You have to wait TWO YEARS after you have had an absolute discharge from probation and it is not automatic, you need to file a motion to restore your gun rights pursuant to A.R.S. 13-910.
If you have been convicted of a “serious” offense pursuant to A.R.S. 13-706, you do have to wait TEN YEARS after absolute discharge from probation in order to apply to restore your run rights. A.R.S. 13-706(F)(1) defines serious offense as follows:
- “Serious offense” means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:
- First degree murder.
- Second degree murder.
- Manslaughter.
- Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
- Sexual assault.
- Any dangerous crime against children.
- Arson of an occupied structure.
- Armed robbery.
- Burglary in the first degree.
- Kidnapping.
- Sexual conduct with a minor under fifteen years of age.
- Child sex trafficking.
- “Violent or aggravated felony” means any of the following offenses:
- First degree murder.
- Second degree murder.
- Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
- Dangerous or deadly assault by prisoner.
- Committing assault with intent to incite to riot or participate in riot.
- Drive by shooting.
- Discharging a firearm at a residential structure if the structure is occupied.
- Kidnapping.
- Sexual conduct with a minor that is a class 2 felony.
- Sexual assault.
- Molestation of a child.
- Continuous sexual abuse of a child.
- Violent sexual assault.
- Burglary in the first degree committed in a residential structure if the structure is occupied.
- Arson of an occupied structure.
- Arson of an occupied jail or prison facility.
- Armed robbery.
- Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.
- Terrorism.
- Taking a child for the purpose of prostitution.
- Child sex trafficking.
- Commercial sexual exploitation of a minor.
- Sexual exploitation of a minor.
- Unlawful introduction of disease or parasite as prescribed by section 13-2912, subsection A, paragraph 2 or 3.
The only time you cannot restore your right to possess a weapon is if you have been convicted of a “dangerous offense.” A.R.S. 13-105) defines “Dangerous offense” as an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
At the FEDERAL level though, even a misdemeanor may disqualify you from possessing a firearm and restoring your state gun rights pursuant to A.R.S. 13-910 does NOT restore your federal right to bear weapons. The Lautenberg Act aka the domestic violence offender gun ban prohibits individuals convicted of misdemeanor domestic violence offenses from possessing firearms/weapons at the federal level 18 U.S.C. 922(g)(9). Nevertheless, 18 U.S.C. 921(a)(33)(B)(ii) states that “[a] person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside.” Arizona does not expunge criminal records, however, they do set aside convictions and dismiss the original charges under A.R.S. 13-905.
Therefore, if you have been convicted of a misdemeanor domestic violence offense at the State level, you can still restore your federal gun rights, you just need to add an extra step: you need to ask the judge in State Court to set aside the conviction and dismiss the charges pursuant to A.R.S. 13-905 before you apply to have your gun rights restored. This will ensure that both your State and Federal rights to possess a weapon are restored.