In Arizona, most of those who have lost their 2nd amendment rights due to a felony conviction can restore their rights through the court in which their conviction occurred. For “first offenders,” their civil rights along with firearm rights are automatically restored with exceptions for serious and dangerous offenses. For those with multiple or serious offenses, you can petition the court to restore your Arizona state firearm rights. If your Arizona state rights are restored, it also serves to lift the federal firearm ban on felony convictions under the federal Gun Control Act of 1968. Unfortunately, Arizona does not provide a mechanism to restore rights lost due to a misdemeanor conviction.
Can I restore my Arizona firearm rights?
As long as your convictions are felonies and none are considered a “dangerous felony”, in all likelihood, you can restore your Arizona firearm rights. In Arizona, you must receive restoration for each separate felony conviction you have on your record.
For those with only one felony on their record, your rights are automatically restored under Arizona Revised Statutes § 13-907. However, restoration is not automatic if you have an out-of-state felony in addition to your Arizona case. Additionally, your Arizona conviction cannot be a “serious” or “dangerous” offense under ARS §§ 13-706 and 13-704 for automatic restoration. If your single felony is eligible for automatic restoration, you technically do not need to take any action, but we recommend you apply for relief to get a granted order just in case.
A “dangerous offense” means 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. Oftentimes, this is designated as a “dangerous and repetitive” offense on your court records, but not always. Unfortunately, if you have been convicted of a “dangerous offense” in Arizona, you aren't eligible to restore your firearm rights.
A “serious offense” is defined as the following offenses: 1st-degree murder, 2nd-degree murder, manslaughter, aggravated assault resulting in serious injury, sexual assault, any dangerous crime against children, arson of an occupied structure, armed robbery, burglary in the 1st degree, kidnapping, sexual conduct with a minor under 15, and child sex trafficking. If you were convicted of one of these offenses, you must wait 10 years from the completion or discharge of your sentence.
For those with multiple felonies that aren't serious or dangerous, you have the option of applying for firearm rights restoration, Arizona expungement (set aside), or both to restore your 2nd amendment rights.
When can I restore my Arizona firearm rights?
No waiting period must be satisfied before applying for relief unless your conviction is a “serious offense”. In that case, you must wait 10 years from your discharge before applying for relief. As soon as you complete all the conditions of your probation or sentence, you may apply for relief. This includes completion of any probation, incarceration, and payment of monetary obligations owed to the court or victim(s). However, judges have discretion whether to grant the relief or not if you have more than one felony, so the longer you wait following your sentence the better your chances of success.
Our firm has successfully handled more than 5,000 record-clearing cases in Arizona. If you have any questions about any of our services or our law firm, call us today or you can chat with us online for a free, confidential consultation to have all of your questions answered. We will start working on your case the day you sign up. The sooner you get the process started, the sooner you can get your conviction off your record.