Tucson, AZ asked in Criminal Law for Arizona

Q: Can I use a bow for hunting since my felony conviction was set aside?

Felony was in arizona, conviction set aside 7 years ago. Waiting 3 more years for firearms rights to be restored. All other civil rights were restored.

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2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: A bow is not a firearm. To the best of my knowledge, there is no prohibited possessor statute under Arizona or federal law which applies to bows. You should not be in violation of any law by bowhunting with a felony on your criminal record.

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

A: A prohibited possessor is defined under Arizona law in ARS 13-3101 as someone who is not lawfully allowed to possess a "firearm." A firearm is defined by that same law as follows: "any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition." A bow would not be covered under this law. While it arguably "expels a projectile" (i.e., the arrow) it does not do so from an explosion such as occurs in the chamber of a gun to fire a bullet.

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