Did I lose my gun rights

Asked over 2 years ago - Tempe, AZ

Took the plea on disorderly conduct w dv in AZ did! All the court ordered stuff summary probation is over how do I know if gun rignhts are gone

Attorney answers (2)

  1. Brian Chase

    Contributor Level 12

    Answered . Mr. Connolly is correct in his answer. A domestic violence conviction does cause you lose your gun rights.

    Unfortunately, in Arizona, there is not much you can do about it. Arizona does not allow for expunging criminal records. There is not a way (at least that I am aware of) for you to get your gun rights restored following a misdemeanor domestic violence conviction. For that reason, many criminal defense attorneys and judges will warn defendants about that consequence before the defendant takes a plea to a domestic violence charge.

  2. James J. Connolly

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The last time I dealt wih a similar question here in Wisconsin (about 14 months ago) , Federal law, which applies in all States, prohibited a person, previously convicted of a “misdemeanor crime of domestic violence”, from possessing a firearm or ammunition. See 18 U.S.C. §922 (g)(9). That Federal statute defined “misdemeanor crime of domestic violence” as any misdemeanor which:

    . . . has, as an element, the use or attempted use of physical force, or the threatened use of
    a deadly weapon, committed by a current or former spouse, parent, or guardian of the
    victim, by a person with whom the victim shares a child in common, by a person who is
    cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a
    person similarly situated to a spouse, parent, or guardian of the victim.

    See 18 U.S.C. §921 (a)(33)(A). In my client's case, I concluded that, in order for a misdemeanor offense to trigger the Federal firearm prohibition, it must satisfy 2 basic criteria:

    1) Must include, as an element, the use against the victim of force, the attempted
    use against the victim of force, or the threatened use of a deadly weapon against the victim; and

    2) The perpetrator must be the victim’s:

    -current or former spouse, co-parent, or guardian; or

    -a person “similarly situated” to a spouse, parent, or guardian of the
    victim.

    I am not familiar with how Arizona law defines the specific elements of the criminal law violation of which you were convicted. Not every State's law defines "Disorderly Conduct", or what constitutes a "domestic" situation, exactly the same. Also unknown to me is the specific nature of the relationship between you and any alleged "domestic" victim at the time of the offense in question. The underlying details will be important in formulating a well considered answer to your question.

    Before possessing any firearms or ammunition, I strongly recommend that you hire an Arizona criminal attorney to check for any changes in the Federal statute and then analyze the specific circumstances of your Arizona criminal law conviction in light of current Federal law. A competent Arizona criminal attorney probably will not take more than 2-3 hours
    (and maybe considerably less time) to meet with you to get your case particulars, do the necessary legal research, and to formulate and express an opinion.

    If you can afford to own firearms and regularly hunt or even target shoot, you can afford to get a well informed opinion from a legal expert on your particular situation. In my view, the money would be well spent.

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