Arizona is known for its strong support of gun rights, allowing most adults over the age of 21 to possess firearms. However, these rights are not absolute. Certain individuals and weapons are restricted under Arizona law, and violations can lead to serious consequences, including felony charges. This blog explores who qualifies as a prohibited possessor, which weapons are restricted, and how individuals can restore their firearm rights in Arizona.
Who Is a Prohibited Possessor in Arizona?
Under ARS § 13-3101, certain individuals are classified as prohibited possessors, meaning they are legally barred from owning, purchasing, or possessing firearms. Violating this restriction is a felony offense. Here’s a breakdown of who qualifies as a prohibited possessor:
- Felony Convictions
- Anyone convicted of a felony and who has not had their firearm rights restored is a prohibited possessor.
- Domestic Violence Convictions
- If you are on probation for a domestic violence offense, you cannot legally possess a firearm.
- Mental Health-Related Restrictions
- Individuals deemed a danger to themselves or others under a court order or found incompetent under Rule 11 of the Arizona Rules of Criminal Procedure are prohibited.
- Undocumented or Nonimmigrant Aliens
- Undocumented individuals and some nonimmigrant aliens cannot possess firearms, with limited exceptions, such as holding a valid hunting license or participating in competitive shooting events.
- Incarceration or Probation
- Individuals currently serving time in jail, on probation, or under community supervision for a felony or domestic violence offense are prohibited from possessing firearms.
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What Are Prohibited Weapons in Arizona?
Arizona also restricts certain types of weapons under ARS § 13-3101. Possessing these items can lead to felony charges, even if you are otherwise eligible to own firearms. Prohibited weapons include:
- Explosives and Bombs
- Items such as bombs, grenades, or rockets with propellant charges exceeding four ounces are illegal.
- Silencers and Suppressors
- Devices designed to muffle the sound of a firearm are prohibited unless you have obtained an ATF tax stamp.
- Fully Automatic Weapons
- Machine guns or firearms capable of firing multiple rounds with a single trigger pull are restricted without proper federal authorization.
- Short-Barreled Rifles and Shotguns
- Rifles with a barrel length of less than 16 inches or shotguns with a barrel length of less than 18 inches are prohibited unless properly registered under federal law.
- Improvised Explosive Devices
- Devices created for the purpose of causing explosions or destruction are illegal.
- Certain Chemical Devices
- Items made to generate gas or explosions for harmful purposes are strictly prohibited.
How to Restore Your Gun Rights in Arizona
If you have lost your right to possess a firearm due to a felony or certain misdemeanor convictions, Arizona law provides pathways for restoring these rights. Here are the most common methods:
- Set Aside a Conviction
- Under ARS § 13-905, you can apply to have your conviction set aside. While this does not erase the conviction, it shows that you have completed your sentence and rehabilitated. This can be a critical first step in restoring gun rights.
- Apply for Restoration of Rights
- Felons must apply to the court for restoration of civil rights, including the right to possess firearms. For non-dangerous felonies, you may be eligible for restoration two years after completing your sentence. For dangerous felonies, additional time and legal hurdles apply.
- Certificate of Second Chance
- A certificate can provide additional legal protections and help you regain certain rights.
- ATF Tax Stamp
- If you wish to own prohibited items such as silencers or fully automatic weapons, you must go through the federal ATF tax stamp process. This involves background checks, fingerprinting, and payment of a fee.
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What Are the Consequences of Violating Gun Laws?
Arizona takes violations of firearm laws very seriously. Here’s what you could face:
- Felony Charges for Prohibited Possessors
- If a prohibited possessor is found with a firearm, they could face a Class 4 felony, punishable by up to 3.75 years in prison.
- Possession of Prohibited Weapons
- Charges vary depending on the weapon type but often result in felony convictions with severe penalties, including lengthy prison sentences and substantial fines.
- Impact on Civil Rights
- A conviction can further limit your ability to restore gun rights, vote, or secure employment.
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Key Tips for Staying Compliant with Arizona’s Gun Laws
- Know Your Legal Status
- If you have a criminal record, consult an attorney to determine whether you are eligible to possess firearms.
- Follow Federal Laws
- Ensure compliance with ATF regulations if you wish to own restricted items like suppressors or fully automatic firearms.
- Apply for Restoration of Rights
- Take proactive steps to regain your rights through the set-aside or restoration process.
- Understand Prohibited Locations
- Even if you legally own a firearm, Arizona law prohibits carrying guns in certain locations, such as polling places, school grounds, and nuclear facilities.
Why You Need an Attorney for Gun-Related Legal Issues
Navigating Arizona’s firearm laws can be complex, especially if you are seeking to restore your rights or face charges for firearm-related offenses. At Grand Canyon Law Group, we specialize in helping individuals understand their rights, fight charges, and take the necessary steps to regain firearm privileges.
What We Offer:
- Experienced Legal Guidance: Expertise in Arizona’s firearm laws and restoration processes.
- Aggressive Defense: If you face charges, we’ll fight to protect your rights and minimize penalties.
- Personalized Support: We work with you every step of the way, ensuring you fully understand your legal options.
Contact Grand Canyon Law Group Today
If you have questions about Arizona’s gun laws, need help restoring your firearm rights, or face charges for a weapons-related offense, don’t wait. Call Grand Canyon Law Group at (480) 573-6441 for a confidential consultation. Let us help you navigate Arizona’s complex firearm laws and protect your future.
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