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The interplay between gun rights and criminal convictions
Arizona Firearm Rights After Any Felony Conviction
State Firearm Rights After Misdemeanor DV 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 Firearm Rights after State Misdemeanor DV 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.