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.
Simply click on a question to see its answer:
Typically, most cases take about four to five months.
Our estimate is based on how long the average firearm rights restoration takes in Arizona; however, each case is different. Factors affecting the length of the process include: the circumstances surrounding the case, whether the District Attorney is agreeing or objecting, and the amount of time that has passed since the incident. We work on your case as fast as we can and assist the court and District Attorney in anything they need to get your case heard.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write a letter to your employer or potential employer to let them know we have reopened the case and are in the process of having it dismissed.
No, we will go to court for you. If the court requests your presence and you are unable to attend, we will file a motion to excuse your appearance.
Hiring an attorney is always in your best interest. Your attorney will (1) make sure the process is done correctly the first time to have the highest chance of success and prevent unnecessary delays, (2) handle objections from the District Attorney, and (3) attend court proceedings to argue the case if necessary.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. That can include refilling or recommending the person wait longer to refile.
We are unable to offer a money-back guarantee on this service, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We are unable to offer a money-back guarantee and also provide such low prices for our services at the same time.
Determining an individual case's chance of success is difficult to say without researching your case. We can do a preliminary evaluation for a small fee, which we will apply to the total cost of the service if you wish to go forward.
There is a lifetime prohibition from the United States government (Lautenberg Amendment), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by federal law. The federal definition is different than Arizona’s definition. If you would like us to evaluate your case and determine if the federal ban will apply against you then we can do so for a small fee. If you then sign up for firearm rights restoration, then the researching fee will be applied to the total cost.
We will be glad to work with you to get a copy of your record and to review what can be done to help you. We charge a researching fee, which we apply to the cost of any service that you hire us to perform.
Yes. We offer a discount on the gun rights restoration if you sign up for a set aside and gun rights restoration at the same. However, if you were convicted of a Federal offense, while you may be eligible to restore your firearm rights, you would not be eligible to set aside a federal conviction.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) the judge wants to see more time pass since you were released from probation, or (3) the nature of the offense.
Possibly. However, you must reside in Arizona. (ARS 13-909 and 13-910) Please take the free online eligibility test to determine if you are eligible.
If you have multiple felony convictions, then we must file for each case separately; however, we do offer discounts for multiple cases.
In order to determine whether you are eligible to have your firearm rights restored and how to do so, we must evaluate the laws of each state. If you would like us to evaluate your case and determine if restoration is possible, then we can for a small fee. If you then sign up for firearm rights restoration, the researching fee will be applied to the total.
In order to determine whether your Arizona firearm rights can be restored and how to do so, we must evaluate the laws of each state. If you would like us to evaluate your case and determine eligibility, then we can for a small fee. If you then sign up for firearm rights restoration, the researching fee will be applied to the total.
You will receive a court order restoring your gun rights. The court will update their records and send the order onto the state database. The background check agencies will then receive the updated information when they do a background check.
It is important to realize that the State of Arizona and the federal government each have their own separate bans against firearm possession by those who have been convicted of a felony and certain misdemeanors. 18 USC § 921(a)(2) and § 922(g)(prohibits firearm possession by anyone convicted of a felony, a misdemeanor involving domestic violence, or a misdemeanor offense that carries a maximum punishment of more than two years); Ariz. Rev. Stats. § 13-912 (persons convicted of a felony, even a first felony, are prohibited from possessing a firearm unless his or her gun rights have been restored through the procedure under ARS 13-905 or 13-906). Therefore, in order to legally possess a firearm in Arizona, you must ensure that your gun rights have been restored under both state and federal law.
If your conviction was for an Arizona state offense, then having your firearm rights restored by an Arizona state court should also remove the federal ban against you for that conviction, provided that your other basic “civil rights” in Arizona (meaning the right to vote, to serve on a jury, and to hold public office) have also been restored. Logan v. United States, 552 U.S. 23 (2007)(unanimous decision ruling that in order for the federal ban on a convicted felon to be lifted, the person’s “civil rights” along with his gun rights must be restored in the state where the conviction occurred; “civil rights” must at a minimum include the right to vote, to serve on a jury, and to hold public office).
However, if your conviction was for a federal offense (i.e., you were convicted in federal court rather than state court), then having your gun rights restored by an Arizona state court will not likely remove the separate federal ban against you. Although the law on this is not entirely clear, the US Supreme Court has ruled that even federal courts do not have the authority to restore firearms to federally convicted felons. United States v. Bean, 537 U.S. 71 (2002). It has also ruled in a separate case that in a person with a federal conviction must have his or her civil rights (including firearm possession rights) restored under federal law in order to lift the federal gun ban.
Thus, although Arizona state law purports to permit its courts to restore civil rights and gun rights even to federally convicted felons (Ariz. Rev. Stats. § 13-909 purports to allow Arizona superior courts to restore civil rights and firearm possession rights to those convicted in federal court – in the US District Court, District of Arizona), it is unlikely that an Arizona state court order that restores gun rights to a person with a federal conviction would be enforceable against the federal government.
The court updates the court records within 48 hours and the Arizona Department of Public Safety (DPS) has up to 30 days to update their records. However, the DPS typically updates their records before the 30 days expire.
Yes, we can file for your civil rights to be restored even if the case was in federal court. (ARS 13-909)
Yes, if your case is set aside then your civil rights are restored. Please see the section on setting aside the conviction.
We can research your case with the court to see if your civil rights were restored upon completion of your sentence. We charge a researching fee, which we apply to the total cost of any service you sign up for.
We just have to file for a civil rights restoration in one petition, because the restoration will apply to you as a person and not a specific case.
No, you have to file separately with the court to also have your gun rights restored. We can, however, file for firearm rights restoration at the same time as civil rights restoration. We can provide a discount if you sign up for them at the same time. Please see the section on Arizona firearm restoration.
You will receive a court order restoring your civil rights. The court clerk will then send the order to the state.
In Arizona, you may serve on a jury if you: (1) are at least eighteen years of age, (2) are a United States citizen, (3) are a resident of the jurisdiction in which you are summoned to serve or your name and address appears on the master jury list as presumed to be a member of said jurisdiction, (4) have never been convicted of a felony, unless your civil rights have been restored to you, (5) have not been adjudicated mentally incompetent or insane. (A.R.S. § 21-201)
If you have been convicted of a felony, upon absolute discharge of your conviction you have the right to submit an application to withdraw your plea of guilty and restore your civil rights so that you may serve on a jury. (16A A.R.S. Rules Crim. Proc., R. 29)