Can I be in possession of a firearm.with a domestic violence charge

Asked 8 months ago - Phoenix, AZ

I had a self defense situation where.the cops came an they took my gun an questioned me but let me go but said they have to send it to the district att.an I have prior none felony domestic violence charges

Attorney answers (3)

  1. Laura A McDermott

    Contributor Level 11

    5

    Lawyers agree

    Answered . If I understand you correctly, you have a prior misdemeanor domestic violence related conviction, and you are asking if possessing a firearm makes you a prohibited possessor? Under Arizona law, if you are still on probation for the misdemeanor domestic violence conviction, then you are considered a prohibited possessor. Under Federal law, you might be considered a prohibited possessor for a misdemeanor domestic violence related conviction, regardless of whether you were on probation for it or not.

    You should contact a criminal defense attorney about your case right away, because there could be some serious charges you are facing. Even though you believe you used the weapon in self-defense, a police officer or prosecutor might disagree.

    The answers provided are for general information purposes only. They do not establish an attorney-client... more
  2. Bretton Hollis Barber

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . AZ law does not prohibit one from possessing a firearm if they have a domestic violence MISDEMEANOR conviction and they are no longer on probation. HOWEVER, under federal law, if you have a conviction that was alleged as a domestic violence conviction you may not purchase or possess a firearm without being in violation of federal law (a felony). You can, however, have your federal firearms rights restored for a state DOMESTIC VIOLENCE misdemeanor if you have the conviction set aside.

  3. Daniel Nelson Deasy

    Contributor Level 20

    Answered . I agree with my colleagues. To be safe, you really ought to talk to a local criminal defense attorney about your predicament.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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