Those who are charged with domestic violence and other, felony offenses in Arizona may face a range of consequences, including losing their right to bear arms. While this is permanent for some, others may eventually be able to have their rights restored. This does not happen automatically, however, people must take certain steps to see their firearm privileges reinstated.
In general, there is a waiting period after people have completed their probation, or been discharged from prison, before they may seek to have their right to possess firearms restored. Depending on the offense a person is convicted of, he or she may be required to wait either two years or 10 years. In cases when their judgments are set aside, some people may be able to pursue having their rights reinstated before the waiting period is up.
Once the waiting period has expired, or their judgments were set aside, people must petition the court to regain their firearm privileges. Under Arizona state law, the decision whether to restore someone’s right to bear arms after a felony conviction is up to the superior court judge who sentenced him or her. In the event the judge has since left office, his or her successor will make the determination.
Until they have had their rights restored, people could face serious charges if they carry, or otherwise possess, deadly weapons. Arizona state law stipulates that prohibited possessors may be charged with misconduct involving weapons if they are found to have a deadly weapon. Furthermore, anyone who sells or transfers such weapons to those who are restricted from possessing them may also face weapons misconduct charges.
Long after serving their time, people in Arizona who are convicted of felony offenses may continue paying for their crimes. As such, those who would like to have their rights restored following a felony conviction may benefit from seeking legal counsel. An attorney may explain their options, and help guide them through the legal process.