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I would like to have my gun rights restored after a conviction for disordly conduct/domestic violence

Kingman, AZ |

in 2007 mohave county az .i had an arguement with my wife who was on drugs and drunk .she came home started a fight and i kicked my coffee table. i was convicted and completed my sentance 10 days jail suspended /1 yr probation/26 weeks anger management .it was the only problem ive ever had with the law in 53 yrs .i currently live in penna .i am in the process of divorce from her and would like my gun rights restored .i am an army veteran and good person .how can i get this done .the judge told me to come see him when i completed my sentence .but his secratary would not let me talk with him she said i would never be allowed to own or carry a gun again

it was a misdemeanor

Attorney Answers 3

Posted

Can you please clarify if the conviction was for a felony or misdemeanor? Thanks.

The answers provided are for general information purposes only. They do not establish an attorney-client relationship and should not be construed as legal advice

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Asker

Posted

it was a misdemeanor .and i have run background checks and it only comes up as disordly conduct.does this mean the judge already restored my gun rights?

Laura A McDermott

Laura A McDermott

Posted

There’s good news and bad news. Good news - since it's not a felony conviction, you never lost your right to possess firearms under Arizona law. Bad news - you are possibly prohibited from possessing firearms under Federal law. Under Federal law, a person convicted of a misdemeanor “crime of domestic violence” is prohibited from possessing firearms (this is what's commonly referred to as "The Lautenberg Amendment"). There are some very limited conditions under which a misdemeanor domestic violence conviction would not apply under the Lautenberg Amendment, but that’s something you would need to hire an attorney to investigate for you. The best thing for you to do is contact a criminal defense attorney in Mohave County to discuss your options. Many defense attorneys offer free consultations. Good luck!!

Posted

I don't think you get your gun rights back. Ever.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

There may be some complex issues here. First, from your facts it is not certain that you were ever "convicted" of a domestic violence crime. If you entered into a diversion agreement, for example, the charges may have been dismissed. There are also both federal and state laws that need to be considered relative to your particular case. If you right to own firearms are important to you, and giving your history I imagine they are, you will want to consult with an attorney. They will be able to pull your records and do the research to give you an answer based on your circumstances.

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Asker

Posted

Their was no diversion agreement .But when my background check was run by a friend it just shows as disorderly conduct. Also i have had background checks done for my hazmat license and transportation workers credentials .both homeland security and had no problem obtaining either card.Does this mean anything?

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