Domestic violence charges can have a significant impact on many aspects of life, including your ability to possess firearms. In Arizona, individuals convicted of domestic violence offenses often face restrictions on their gun ownership rights.
Understanding how these laws work and what steps are involved in restoring your rights is crucial. Arizona’s gun laws are complex, and navigating them without proper guidance can feel overwhelming. At Bufete de abogadas Belén, we are committed to helping individuals reclaim their rights and move forward.
If you have questions or need assistance with restoring your gun rights, call us today at (602) 715-0908 para una consulta gratuita.
Domestic Violence Offender Gun Ban (Federal Law)
los Domestic Violence Offender Gun Ban, part of the Lautenberg Amendment (18 U.S.C. § 922), prohibits individuals convicted of domestic violence offenses from owning or possessing firearms. This federal law applies to anyone who has been convicted of a felony crime, including delito grave de violencia doméstica.
It also applies to any person convicted of a misdemeanor crime of domestic violence, especially if the offense involved a credible threat of harm. If the offender refuses to surrender their firearms, the court may issue a search warrant to recover illegally retained firearms. The Restriction extends to purchasing firearms from a licensed gun dealer, creating a broad and strict firearms ban that aligns with the protections outlined in the United States Constitution.
Arizona Gun Laws 2025
Arizona gun laws also maintain strict regulations regarding firearm possession for individuals with domestic violence charges. Under A.R.S. § 13-3101 y A.R.S. § 13-3102, individuals who plead guilty or are convicted of domestic violence offenses involving intimate partners are prohibited from owning or possessing deadly weapons for specified timeframes.
These statutes align with the federal Lautenberg Amendment, which also restricts firearm ownership for those convicted of domestic violence. However, Arizona law provides additional details and timelines specific to the state’s enforcement.
Law enforcement and assigned probation officers in Arizona closely monitor compliance with these statutes to ensure public safety and prevent further legal consequences.
Can Felons Own Guns?
In Arizona, felony convictions lead to the loss of civil rights, including the right to possess firearms. Federal firearms restrictions further prohibit individuals convicted of felonies involving physical assault or the use of physical force from owning or possessing guns.
However, some non-violent felonies may be eligible for gun rights restoration through the courts, depending on the type of crime and whether the prison sentence and other conditions have been fully completed.
For those subject to these restrictions, navigating the process of restoring gun rights requires careful attention to state and federal laws.
What Misdemeanors Disqualify You From Owning a Gun?
Certain misdemeanor convictions can disqualify you from owning a gun, particularly those related to domestic violence. Under the Lautenberg Amendment, a domestic violence conviction results in a lifetime federal prohibition on firearm ownership.
Arizona law reflects these federal restrictions and adds further disqualifiers, such as restraining orders or repeated misdemeanor offenses that involve domestic violence circumstances.
Examples of disqualifying offenses include assault, criminal damage, and threats if committed against a dating partner or under other domestic violence conditions. Violating these laws can lead to serious consequences, including the permanent loss of gun ownership rights.
Can You Own a Gun With a Domestic Violence Charge?
Simply being charged with a domestic violence crime doesn’t automatically disqualify you from owning a gun. However, if a protective order is issued, it can temporarily restrict your ability to purchase or possess a firearm.
On the other hand, a domestic violence conviction, even for a misdemeanor, results in firearm prohibitions under both federal and Arizona state law. Once convicted, individuals are prohibited from owning or possessing firearms, reflecting the serious consequences tied to these offenses and the protection of victims.
Can You Buy a Gun With a Domestic Violence Charge?
If you have a pending domestic violence charge with a guilty plea, you may still be able to buy a gun, as background checks typically don’t block purchases for unresolved charges. However, if a restraining order is in place, it can legally prevent you from possessing a firearm. This is especially true in cases involving a dating partner or other domestic relationships.
Understanding your legal status is crucial to avoid violations, as the legal process surrounding firearm restrictions can be complex. Seeking legal advice can help clarify your options and ensure compliance with the law.
Can I Get My Gun Rights Back After a Domestic Violence Conviction?
Regaining gun rights after a domestic violence conviction can be challenging, especially in cases involving certain felony convictions where restoration may never be possible. In Arizona, options like expungement or set-asides might be available for some cases. Still, these depend on the specifics of the criminal charges and your compliance with probation or other court-ordered terms.
These factors could further complicate the process if the conviction involved a former spouse, restraining order, or interaction with a law enforcement officer. Obtaining legal advice from an experienced Abogada de defensa criminal en Phoenix like those at Belén Law Firm is critical to understanding your rights and whether you can lawfully recover firearms or possess them again in the future.
Domestic Violence Misdemeanor Gun Rights
A domestic violence misdemeanor has an immediate impact on firearm rights under both federal and Arizona laws. Individuals convicted of certain domestic violence misdemeanors, such as those involving a current or former spouse, face a firearm prohibition that can last indefinitely.
These restrictions classify as firearm-prohibiting crimes, and the duration depends on the specifics of the conviction and the conditions for potential restoration. For a person as a law enforcement officer or someone with similar roles in law enforcement, these prohibitions can also affect their professional duties.
Understanding the legal process is essential to determine if and when gun rights can be restored.
Felony Domestic Violence Gun Rights
For individuals convicted of felony domestic violence, federal law imposes a permanent firearm prohibition unless rights are restored through specific legal processes.
In Arizona, there may be options to reduce felony charges to misdemeanors or restore civil rights after completing the sentence and meeting certain conditions.
Gun Restrictions With a Domestic Violence Protective Order
A domestic violence protective order, also known as a restraining order or orden de protección en arizona, places immediate restrictions on gun ownership for the duration of the order. Individuals subject to such orders are prohibited from possessing firearms, even if the underlying case involves a misdemeanor crime.
These firearm restrictions and possible temporary custody of a previous firearm remain in effect as long as the protective order is active. Legal options may be available to challenge or modify the protective order, which can impact the scope and duration of these restrictions.
How To Get Your Gun Rights Back After a Domestic Violence Charge
Restoring gun rights after a domestic violence charge depends on several factors, including the nature of the offense and the completion of sentencing, probation, and fines. Waiting periods are shorter for misdemeanor convictions, while felony charges often require a more extensive process.
In Arizona, individuals can file a petition to restore civil rights, which includes submitting required documentation and attending a court hearing in the appropriate jurisdiction.
The process varies by case, and at Belén Law Firm, we can help navigate complex legal requirements and ensure compliance with the law. Successfully restoring gun rights allows individuals to recover previously restricted firearms and regain the ability to possess them legally.
How Hard is it To Get Gun Rights Restored in Arizona?
Restoring gun rights in Arizona can be challenging, as petitions are often rejected for incomplete compliance with court orders, probation terms, or other sentencing requirements.
Conflicts between federal and state laws can further complicate the process, particularly when misdemeanor offenses are misclassified as disqualifying under federal law. A defendant’s case must present clear evidence that they have met all legal obligations to avoid losing their petition.
In many cases, understanding the nuances of both state and federal regulations is crucial to successfully regaining the right to possess a firearm.
How an Experienced Phoenix Domestic Violence Defense Attorney Can Help
Navigating firearm restrictions and the process of restoring your gun rights after being convicted of a domestic violence charge can be complex and overwhelming. Understanding the laws, meeting eligibility requirements, and effectively petitioning the court are critical steps in reclaiming your rights. As such, having experienced legal representation can make all the difference during this process.
En Belén Law Firm, nuestro Phoenix domestic violence defense lawyers are dedicated to helping clients in Phoenix restore their firearm rights and move forward with their lives. If you need assistance or want to discuss your options, call Belén Law Firm at (602) 715-0908 o comunicarse en línea para programar una consulta gratuita hoy.