Arizona Civil & Firearm Rights Restoration FAQFrequently Asked Questions


This page was designed to help our clients better understand our Arizona civil rights restoration and Firearm rights restoration services. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.

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Topic: Arizona Civil & Firearm Rights Restoration FAQ
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KB
5th January 2016 7:55pm
My wife had a misdemeanor conviction for petty theft in a department store over 35 years ago - outside of Arizona. The offense was done when she was a juvenile and no weapons were involved. Does this offense preclude her from purchasing a gun in Arizona?
Admin:
Often, a low level misdemeanor offense alone would not affect firearm rights.  However, there are instances when a misdemeanor conviction is prohibiting and without more information on the case, we cannot conclusively say if she currently has her firearm rights. If she is interested in having a us conduct a firearm rights evaluation, please contact our office. Otherwise, I would suggest reviewing the information on this Arizona website that discusses eligibility to obtain a firearm permit in AZ: AZ DPS Concealed Weapon Permit Eligibility.
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Joe A.
22nd October 2015 9:20am
I was convicted of a controlled substance offense 34 years ago in Missouri. Moved to and did probation in Arizona and my probation Officer recommended me for the Federal Firearms rights restoration program, which was successfully granted by the ATF/FBI in 1984. Have not even gotten a traffic ticket since and my probation was ended early by the above officer. Now 34 years later I would like to have the ability to have a firearm again but evidently the state does not recognize the fact that the Federal Govt restored my rights in this area.  How do I do this and can you help?

Admin:
Given that your case involves two states and a prior restoration, we would need to review your records and documents available regarding your firearm rights.  If you are interested in having us complete a firearm rights evaluation for you to see what can be done, please call our office.
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Samuel
10th September 2015 4:43am
I'm now 18 I'll be 19 in November I had a suicide attempt about two years ago (did not involve any weapon).  I'm ashamed of it but I had counseling after and worked out every problem I thought I had and life has been great I was even blessed with a son. I was wondering if it's possible under Arizona law to have my firearm rights restored I'll do whatever it takes to prove myself. I grew up around firearms all my life I've wanted to own my own it's not fair to have my rights taken from me finding out I'm a "prohibited possessor" was very upsetting for me.
Admin:
There is a section of the AZ statute the provides for an individual who is a prohibited possesser due to being found as mentally ill to petition to restore their firearm rights.  Without knowing more as to how your situation was handled by the court, I cannot say if you are eligible or what your chances are. The law for this restoration is found in section 13-925.  It is more involved than a restoration for a criminal conviction, as the court will review medical records and needs to make a determination if you are a threat to the safety or yourself or others. However, it seems like there is definitely an avenue for you to take to apply for your rights to be restored now or in the future.
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Victor
5th July 2015 6:39am
So a new law was passed and signed into law in Arizona, SB1189, which went into effect July 3rd, 2015. It states that anyone who has has had their felony conviction set aside automatically has their right to posses a firearm restored as long as the felony was not classified dangerous or serious. I have a misconduct involving weapons (prohibited possessor) charge that was non dangerous which I had set aside. So does this mean I have my gun rights restored?
Admin:
Under SB 1189, a set aside granted pursuant to 13-907 for an offense that is not a serious offense as defined in 13-706, will restore firearm rights in Arizona. Certain types of cases are ineligible for a set aside under 13-907, including sex offenses, dangerous offenses, and some traffic offenses.  

Generally, this new bill is designined to allow individuals with offenses that are neither dangerous nor serious to have their rights restored without satisfying the two year waiting period that previously applied to those individuals. It is important to also review whether your rights have been restored under federal law. Please contact us if you wish to have us complete a thorough evaluation of your firearm rights under both AZ and federal law.
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Dave
16th June 2015 12:44am
I was convicted of a felony in N.J.just after I turned 18. This was nearly 25 years ago. I since have moved to A.Z. and have been here since 1993. I would like to restore my civil rights and was wondering if there were any tips or anything that would hold me back since the charges were in New Jersey thanks for any help.
Admin:
Civil rights that were lost due to a felony conviction in Arizona or Federal court can be restored through the process in AZ.  However, out-of-state felony convictions must be dealt with in the state of conviction.  Due to the amount of time that has passed, it is very likely your New Jersey conviction may be eligble to be expunged. Please take our eligibility test or contact our office to discuss your case details.
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Dave
16th June 2015 10:57am
Would having the record expunged enable all rights such as voting, travel out of country with a passport, firearm ownership and last but not least being able to say on an application that I wasn't convicted?
Admin:
To learn more about New Jersey expungement, you can visit this page: http://www.recordgone.com/expungement-new-jersey/nj-expungement-faq.htm  But generally, yes a NJ expungement is a very strong form of relief.  It would enable you to regain your rights in most cases because under New Jersey law an expunged case is treated as though it never occurred. We would have to verify for you the effect it has for an individual such as you in another state but generally states would honor the expungement and it would provide the same benefits to you.  If your rights were lost because of the NJ conviction, then a NJ expungement should be enough to reinstate those rights.
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yaz
21st May 2015 7:41pm
My daughter was convicted of a dangerous offense it was a felony but after completing probation they marked it down to a misdemeanor. She has the papers from court saying it is now a misdemeanor but does she still need to restore her rights and if so how does she go about that and how long does it take. She just completed her probation a couple of months ago.
Admin:
Without reviewing the paperwork from the court, we cannot know for sure if her rights were fully restored. Because it was originally a felony and a dangerous offense, it is surprising that it was reduced to a misdemeanor and that is why we would want to review the offense included and the law under which it was reduced to a misdemeanor. If you would like to sign up for a case research service in which we review the court documents and determine the status of her firearm rights, please contact our office.
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Daroth T.
19th April 2015 3:34pm
I apply for my civil right , firearm and set aside. I only got my civil right back. So the judge ask what have I done for the community or to better myself . This have 20 years ago and still got denied. I got caught stealing radios out of cars no weapons involved. I was charge with a class 6 felony after 18 months drop to misdemeanor. Why is the court holding me back from getting my firearm and set aside. Can you help with me this matter?
Admin:
If you are interested in reapplying for your firearm rights and set aside of the conviction, please contact our office.  We can look into your case and the reason for the denial and determine if there is additional evidence to present to the court that may help your chances. Thank you.
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Keith M.
18th January 2015 10:27pm
I have 2 felonies, but both are on the same case. The first is an attempted theft of means of transportation and the second is possession of drug paraphernalia. Would I need to file 2 cases for restoration or would it be one case as they were all in the same case originally?
Admin:
If the two charges are part of the same original criminal case/conviction, you should be able to file one restoration petition under that case number to get the prohibitions that resulted from that single case removed at the same time. If for some reason the charges were filed under separate docket numbers, you may be required to file it under both to ensure the records are properly updated to indicate restoration.
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Luke
18th January 2015 8:33am
Where on my record does it show that I cannot own a firearm? how can I see if I have a lifetime ban?
Admin:
Thank you for asking.  First of all, you do not have one record.  You have several records from several sources.  Unfortunately, probably none expressly say whether or not if you can own a firemarm.  Most likely, you would have to apply state and federal law to your record.  We would be glad to answer any questions that you have here or over the phone.  If the answers are simple, there is no charge.  If it involves some research, we typically charge $250.
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Bhargav
5th January 2015 5:22pm
My landlord filed a case against me for cleaning issues with the apartment. We paid a fine to the court for that case which was in Maricopa County, Arizona. The record is on my SSN now and creating issues with future landlords. What should I do in this case? Can that be expunged?
Admin:
This sounds like a civil case.  This web site and our expertise is limited to criminal records.  Sorry that we cannot be of help with this issue.
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RVT
1st October 2014 11:42pm
I have a domestic violence and disturbing the peace conviction. They took possession of my shotgun that I had removed from my partner, unloaded, and threw approximately 50 yards into the desert. My probation ends on 07/16/2015. Could this conviction be mitigated at all? Is it possible to also get civil rights restored? I have an acquittal and a dismissal on two previous occasions. Even though I think it reads like I'm some nefarious character, can anything be done to clean those up as well? It has already impeded my ability to take employment opportunities.
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MathewHigbee
1st October 2014 11:48pm
Possibly. However, if the elements of the crime for which you were convicted meet the federal definition of misdemeanor domestic violence, it be very unlikely. Here is the definition: "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
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rvt
1st October 2014 11:56pm
The assault portion was dropped and I was only physically involved with removing the weapon from the area. As I understand it. I disturbed the peace by having a loud voice and shutting doors with too much enthusiasm. I had no idea my right to freedom of speech would have no bearing on that and was completely outclassed by the professional prosecutor. I think they actually laughed at me.
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Tiffany
28th September 2014 4:58am
I live in Arizona and had my record set aside and all of my rights restored. I tried purchasing a gun and was denied due to answering "yes" on if I had ever been convicted of a felony. How do I get around this? Can I answer no or is that a crime? Please help.
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Jack
3rd July 2015 10:19am
Tiffany, you will have to appeal the denial and provide all of your orders. Your hold with the ATF should then be lifted and you will be able to purchase a firearm
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cowboy
18th September 2014 5:47pm
I live in Arizona, I have my gun rights restored. Will I be able to purchase a firearm from a gun store and pass the background check through the federal government?
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MathewHigbee
18th September 2014 6:09pm
Arizona offers firearm rights restoration for people who have lost their rights due to a state and federal conviction (even if the federal conviction was outside of Arizona). Our clients who have had their rights restored have reported no problems passing background checks through the federal government. Keep in mind that restoration of the right to possess a firearm in AZ does not necessarily mean that the right will be restored in another state. For instance, if you have a felony conviction in Arizona state court, Arizona may restore your right to purchase or own a firearm, but California, which does not allow felons to own firearms, may deny the right to purchase or own a firearm.
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xavier
7th July 2014 9:18am
I have an attempted misconduct involving a weapons charge for being a prohibited possessor in the state of Arizona. I am going to complete probation in two months. Will I be able to restore my rights?
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Jenna Thorne
8th July 2014 6:34pm
Xavier, your eligibility will depend on whether your weapons charge was designated as a "dangerous offense." If it was you would not be eligible, but if the charge was only based on possession, and not use or displaying of the weapon, it is very likely that was not a dangerous offense. However, for any felony you also must satisfy a two-year waiting period from the end of probation before you can petition, so either way you would not be able to restore your rights immediately.
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Perry Menchaca
28th June 2014 4:25pm
My wife was convicted of domestic violence in Tucson in 1995. She was the one who called the police, but both her and her husband were taken to jail. She is Korean, and at the time she did not speak or understand English well. She spent the night in jail and the next morning went in to see a judge. The judge explained that if she did not have anymore problems she could go home and not have to go to jail. She agreed. She was not aware that she was admitting guilt to a domestic violence charge. There was no weapon involved. She is long since divorced and re-married to me since 2000. We reside in Washington State. Can she ever get her right to own a gun restored?
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Jenna Thorne
30th June 2014 11:17pm
Hello Perry, unfortunately from what you've described there is no remedy currently under Arizona law that would assist your wife in restoring her firearm rights. However because you reside in WA, it is possible she may be eligible to restore her firearm rights in Washington even though her conviction was out of state. She should run through the eligibility test for WA or call our office to further discuss her case and eligibility. Thank you!

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