Phoenix, AZ asked in Criminal Law, Civil Rights and Gaming for Arizona

Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?

2 Lawyer Answers
Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining business and professional licenses.

However, your civil liberties can be restored. If you have only one Arizona felony conviction that resulted in a loss of civil rights, you will have most of your rights automatically restored upon completion of a term of probation, or receipt of an absolute discharge from imprisonment if you paid all the imposed fines and restitution.

But this does NOT apply to the right to possess a gun. To restore this right, you will need to file an application with the court.

So to answer your question, given the length of time that it appears to have been since your felonies, you probably qualify to file an application to restore your right to possess a weapon. But make sure that you have completed this process, because it is not automatic.

Until you restore your civil right to have a gun, you will be classified under the law as "prohibited possessor" and if you possess a weapon while so classified you can be charged with the crime of Misconduct Involving Weapons, which would be a class 4 felony in this case.

Zachary Divelbiss agrees with this answer

Zachary Divelbiss
Zachary Divelbiss
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Mr. Salwin is absolutely correct in his answer.

I strongly recommend that you or your attorney file the proper paperwork at your soonest convenience. I have personally represented may people who are prohibited possessors because of a prior felony and then they pickup additional charges years later for possession of knives and other non-firearm weapons. The law is very broad about the kind of objects and tools that qualify as weapons, which you as a prohibited possessor are outlawed from possessing or even owning.

If you have any questions or need to hire a lawyer to file the applications on your behalf to restore your gun rights please contact myself or Mr. Salwin as soon as you can. Zach@FutureFirst.law or 602-900-6642

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