I would like to get my gun rights back I was convicted of domestic violence over 3 years ago. How do I get them back?

Asked about 4 years ago - Tucson, AZ

Just want to know what I need to do to get my gun rights back if I did have domestic violence I think put on my record cause I did not comply with the plea.

Attorney answers (4)

  1. Ronee F Korbin Steiner

    Contributor Level 14

    Answered . You will have to request the court restore your rights.

  2. Alan James Brinkmeier

    Contributor Level 20

    2

    Best Answer
    chosen by asker

    Answered . The gun laws from where you live will govern you.

    All 50 states must follow the federal gun law possession ban. In Arizona, when you are looking to possess a gun, you will run into it as well.

    Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what Arizona law says:

    (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

    (2) Fugitive from justice;

    (3) Unlawful user of or addicted to any controlled substance;

    (4) Adjudicated as mentally defective or has been committed to a mental institution;

    (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

    (6) Discharged from the US military by dishonorable conditions;

    (7) A former citizen of the United States who has renounced US citizenship;

    (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

    (9) Convicted of a misdemeanor crime of domestic violence

    .... Cannot lawfully receive, possess, ship, or transport a firearm.

    If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what Arizona law says. So before some lawyer tries to convince you to file a form and pay a fee and go to court, make sure you understand that federal law must be followed by all 50 states.

  3. Jeffrey D. Lee

    Contributor Level 11

    Answered . Mr. Brinkmeier is correct in theory, but not in practice.

    States do have to obey Federal law. However, the 1986 amendment to the Federal Gun Control Act (which he quoted) provides that a state action to restore civil rights will restore federal gun ownership rights. Thus, filing an Arizona motion to set aside your conviction and restore your civil rights would restore your gun ownership rights if granted. Such motions are regularly filed in Arizona state courts and DO NOT violate federal law. From your question I can't tell you whether it would be granted or not.

    Please, Mr. Brinkmeier, understand the law and what's being asked before accusing other attorneys of being shysters.

  4. Jeffrey D. Lee

    Contributor Level 11

    Answered . Your question is not really clear, so I can't give you a definitive answer. I don't know what you mean by "I did have domestic violence I think put on my record cause I did not comply with the plea."

    You do have the option to petition the court to restore your rights. You should definitely hire a criminal defense attorney who knows what is required. Your attorney will talk to you about what happened and tell you whether the petition is likely to be granted.

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