How to Get Your Gun Rights Restored in Arizona
For individuals in Arizona who have been convicted of certain felonies, there is a ray of hope in the form of the law to Restore Gun Rights A.R.S. 13-910. This law allows individuals who have been convicted of certain offenses to have their gun rights restored.
This law is a step in the right direction towards allowing people who have made mistakes in their past to be given a second chance and to be allowed to exercise their right to bear arms.
Details of the Law
The law to Restore Gun Rights A.R.S. 13-910 applies to those who have been convicted of felonies in Arizona. Those who are eligible to have their rights restored must have been convicted of a nonviolent felony that does not involve a dangerous instrument or weapon.
Additionally, the individual must have been convicted at least five years before applying for gun rights restoration, must have completed all terms of probation, and must not have any pending criminal charges.
Finally, you must also not have been convicted of any crimes in the five years prior to applying for restoration of gun rights.
The benefit of the Law
The law to Restore Gun Rights A.R.S. 13-910 allows individuals who have made mistakes in their past to have the opportunity to have their gun rights restored. This is a positive step toward allowing those who have paid their debt to society to be able to exercise their Constitutional right to bear arms.
How Hard is it to Get Gun Rights Restored in Arizona?
The process of applying for the restoration of gun rights is fairly straightforward. The individual must fill out an application and provide the necessary documentation, such as a copy of the conviction and proof of completion of probation.
The application is then reviewed by the Court, the Prosecutor’s Office, the Probation Department, and the Arizona Department of Public Safety and if approved, the individual’s gun rights are restored.
Can a Felon Get Gun Rights Back in Arizona?
Yes, a felon can get their gun rights back in Arizona. However, there are some felonies that prohibit a person from getting their gun right restored. These felonies are dangerous felonies and felonies involving weapons.
You can speak with an Arizona attorney to evaluate your particular situation.
Frequently Asked Questions
1. Who is eligible to have their gun rights restored?
In Arizona, individuals who have been convicted of certain felonies are eligible to have their gun rights restored. These offenses must be nonviolent and must not involve a dangerous instrument or weapon.
And, as mentioned above.
The individual must have been convicted at least five years before applying for gun rights restoration, must have completed all terms of probation, and must not have any pending criminal charges.
The individual must also not have been convicted of any crimes in the five years prior to applying for restoration of gun rights.
2. What types of offenses are eligible for restoration?
In order to be eligible to have their gun rights restored in Arizona, individuals must have been convicted of a nonviolent felony that does not involve a dangerous instrument or weapon.
Violent offenses, such as assault, are not eligible for restoration.
Additionally, even if your case is eligible to have your gun rights restored, the Maricopa County Judge always has discretion to grant or deny the motion.
3. How long does it take to process the application?
The process of applying for restoration of gun rights typically takes between 4-8 weeks. This can vary depending on the individual’s circumstances and the amount of documentation provided.
Recently, the new Motion to Seal law under 13-911, has been taking over 8 weeks. (See: How to Expunge Your Criminal Record in Arizona)
In the past, restoring gun rights also took more than two months.
4. What documents are needed for the application?
In order to apply for restoration of gun rights, the individual must provide the necessary documentation, such as a copy of the conviction and proof of completion of probation. These documents can be found in the Court file.
Also, discharge papers and/or a review by the Arizona Department of Correction will be submitted to the Court.
Additional documents may be required depending on the individual’s circumstances.
5. How much does it cost Restore Gun Rights in Arizona?
There is no Court filing fee to seek to get your gun rights restored in Arizona. However, if you hire an Arizona lawyer, the typical charge is $1,750.00. This is a flat fee that includes the cost of appearing for any and all Court hearings on your motion.
Conclusion
The law to Restore Gun Rights A.R.S. 13-910 is a step in the right direction when it comes to allowing individuals who have made mistakes in their past to have the opportunity to have their gun rights restored.
This law allows those who have been convicted of nonviolent felonies to have their rights restored, provided they meet the necessary criteria.
It is important for individuals to research the law further and understand the implications of having their gun rights restored.
Please contact me by phone or email if you have any questions
Derron