How to Restore Your Gun Rights in Arizona After a Felony Conviction
Getting convicted of a felony can have a lasting impact on your life, including the loss of your right to own a firearm. In Arizona, a felony conviction automatically results in the loss of your gun rights, a prohibition that remains even after you complete your sentence. However, there is hope for those seeking to restore their firearm rights, and this article will explore the process for doing so.
Understanding the Loss of Gun Rights for Felony Convictions in Arizona
Under Arizona Revised Statutes (ARS) 13-904, individuals who have been convicted of a felony offense are prohibited from possessing a firearm. This means that if you have been convicted of a felony, no matter how long ago, you cannot legally own or possess a gun in Arizona.
The prohibition on gun ownership applies even after an individual completes their sentence. However, there is a process for restoring gun rights, provided the individual meets certain eligibility requirements.
Restoration of Firearm Rights Eligibility Requirements
To be eligible for the restoration of firearm rights after a felony conviction, an individual must meet the following requirements:
- Complete all aspects of their sentence, including probation, parole, and paying all fines and restitution.
- Wait a certain amount of time after completing their sentence (the waiting period varies depending on the offense).
- Provide evidence of rehabilitation and good conduct since their conviction.
The waiting period for firearm rights restoration varies depending on the offense, and can range from two to ten years. Individuals seeking to restore their gun rights must also demonstrate that they have been rehabilitated and are unlikely to engage in future criminal activity.
The Process for Restoring Firearm Rights After a Felony Conviction
Restoring gun rights after a felony conviction involves filing a petition with the court that convicted you. The court will then evaluate your eligibility for gun rights restoration and make a determination based on the evidence presented.
The petition for firearm rights restoration must include a detailed account of your criminal history, the offense for which you were convicted, and the sentence you received. The petition should also include information about your rehabilitation efforts and why you believe you are deserving of having your gun rights restored.
You will also need to provide evidence of your rehabilitation efforts and good conduct since your conviction. This can include letters of recommendation from employers, educators, or community members, proof of continued education or training, and any other evidence that demonstrates you have turned your life around and are unlikely to engage in future criminal activity.
It is important to note that restoration of firearm rights after a felony conviction is not guaranteed, and the court will carefully evaluate your petition and supporting evidence before making a decision.
Why Restoring Your Firearm Rights is Important
For many individuals, restoring their firearm rights after a felony conviction is about more than simply being able to possess a gun. It can also be a matter of personal freedom and independence. For hunters, sportsmen, and firearms enthusiasts, the ability to own and use a firearm is an important part of their lifestyle and identity.
Additionally, for those who rely on firearms for personal protection, restoring their gun rights can provide a sense of security and peace of mind. Being able to legally own and carry a firearm can mean the difference between life and death in dangerous situations.
The Bottom Line
If you have been convicted of a felony in Arizona and have lost your firearm rights, there is hope for restoring those rights. However, the process requires patience, persistence, and a commitment to rehabilitation and good conduct. By meeting the eligibility requirements and presenting a strong case for restoration of your gun rights, you may be able to regain your right to own and carry a firearm in Arizona.
To learn more about the process for restoring your firearm rights in Arizona after a felony conviction, visit Arja Shah Law's blog.
* This article was originally published here
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