People often ask what their gun rights will be after a domestic violence (DV) conviction. The short answer is there are state and federal restrictions on possessing a firearm. Indeed, Arizona state law prohibits one from possessing a firearm while on domestic violence probation. And the federal law prohibits any person with a certain type of DV conviction from possessing a firearm. However, there may be ways around this through restoration of civil rights or possible set-asides. But, if the underlying conviction involved use of a firearm, one cannot restore their gun rights.
State Gun Rights After a Domestic Violence Conviction
A.R.S. §13-3101(A)(7)(d) states a “prohibited possessor” includes any person possessing a firearm who is serving a probation term for a domestic violence conviction. This offense is Misconduct Involving Weapons and is a Class 4 Felony in Arizona.
However, upon completion of probation a person convicted of misdemeanor DV is no longer a prohibited possessor. On the contrary, a person convicted of a felony DV continues to be a prohibited possessor after probation. Indeed, a felon is a prohibited possessor. But a judicial order restoring gun rights allows a convicted felon to possess a firearm. However, as mentioned above, a person convicted of a weapons offense cannot restore their gun rights.
Regardless, Arizona’s restoration laws are applicable only if Federal law does not prohibit a DV offender from possessing a firearm.
Federal Gun Rights After a Domestic Violence Conviction
The Lautenberg Amendment amended federal law to include a firearm ban/restriction on certain misdemeanor domestic violence convictions per 18 U.S.C. Sec. 922(g)(9). Indeed, there are specific misdemeanor domestic violence “qualifying offenses.” These are misdemeanor DV offenses that involve the use or attempted use of physical force. Indeed, this would include any assault by domestic violence conviction and Threatening or Intimidating conviction. It could also include disorderly conduct by domestic violence or other possible misdemeanor DV offenses, depending on the facts or circumstances.
Huss Law as Your Domestic Violence Attorney
Misdemeanor domestic violence convictions have potential far-reaching impacts on a person. This includes possession of a firearm. It is important to retain an attorney experienced in domestic violence prosecutions. Jeremy L. Huss has been on the front-line of domestic violence investigations and prosecutions for 20 years. Call Huss Law Today for a Free Consultation!Categories:: Domestic Violence