This is the next post in my series on preserving an Arizona defendant’s gun rights after a criminal conviction. My last post discussed how a defendant can maintain their firearm rights by defending against charges. It is important to understand that laws banning gun rights apply to those convicted of certain offenses. Simply being charged will not impact one’s Second Amendment rights. In this post I will discuss another important topic – regaining your rights to bear arms by having your conviction set aside and your civil rights restored.
Arizona residents may file to have their convictions set aside if they have been convicted of certain offenses. Additionally Arizona residents may specifically move to have their right to bear arms restored. Achieving a set aside alone does not necessarily restore the civil rights of that person. Many offenses require that one specifically move to restore their firearms rights, a process that is similar but entirely different from a set aside. This will allow the individual, under Arizona state law, to possess a firearm. Also important is the fact that the individual will not be considered in violation of federal law if they possess a firearm. Under 18 U.S.C. 921 one who has had their right to bear arms restored shall not be considered as a prohibited possessor. This means that the federal prohibition, against convicted felons, will not apply as long as the set aside or restoration is successfully obtained.
It is important to understand that there may still be instances where one gaining an Arizona set aside may not allowed to own a gun. In those instances one must go through the restoration of rights process. Even if successful,there are some states where obtaining set aside of a criminal record or restoration of firearms rights does not apply. This means that if one is convicted of a felony, in Arizona, and they travel to such a state then they will not be able to possess a gun while in that state. This is a key fact to understand.
As a Phoenix lawyer for conviction set asides and restorations of the right to bear arms I handle a number of matters in which individuals are able to regain their firearm rights. Hiring an attorney to help clean up your record can assist with ensuring that everything is handled correctly and that the issue is resolved as quickly as possible. Contact my office today to schedule an initial consultation. In addition to Phoenix, I represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson as well as others throughout the state.