In general, people convicted of domestic violence cannot have possession of a firearm, but how does this affect individual gun rights? Let’s take a look.
Arizona Gun Rights and Domestic Violence Convictions
Under Arizona law, any persons convicted of domestic violence cannot be in possession of a firearm while serving probation for that offense. In other words, if you are currently serving probation for domestic violence, you cannot buy or use a gun. The court can also request that you turn in all firearms if there is a protective order against you. Protective orders prevent one party from having contact with the party who requested the order.
Ex Parte Orders
Additionally, if law enforcement has reason to believe that there may be irreparable harm, they may request an ex parte emergency order of protection against domestic violence. Ex parte orders are issued without the party’s knowledge. Usually, any person with a protective order against them must be notified, but an ex parte order carries the full weight of a restraining order without that requirement.
If this happens, you are not allowed to purchase or possess a firearm for the duration of the emergency order. The court must find evidence to support the claim that you might inflict bodily injury or death if allowed to possess a firearm.
Petitioning for Restoration of Gun Rights
If the court revokes your gun rights due to a protective order or domestic violence charge, you can petition the court to reinstate your rights. However, this can be extremely complicated, especially if there is substantial evidence against you.
The court may impose certain restrictions in exchange for restoring your gun rights. For example, you may not be able to file a petition if you’re accused of a crime since the domestic violence conviction. In some situations, the court may not accept a petition within a specific time period. Check with the court clerk in your district for more detailed information about petitioning for gun rights.
When Gun Restrictions Violate Your Rights
If the court rules to ban you from using a firearm for any other reason, it may be a violation of your constitutional right to bear arms. For example, the court cannot revoke your gun rights for being committed to a mental institution.
Also, if there is evidence that you are not a threat and/or the domestic violence charges are dropped, the court should have no reason to continue restricting access to firearms.
Protecting Your Rights
If you’ve been accused of a crime, you may feel like your case is hopeless, but you don’t have to face the charges on your own. Domestic violence charges can destroy your life and opportunities, which is why you need a strong defender on your side.
Zickerman Law Office, PLLC works tirelessly to defend those whose rights may be challenged by an accuser or the court. We work alongside our clients to protect their constitutional rights regardless of the opposition. Our team is not intimidated by the opposition.
When you need a strong defense, contact Zickerman Law Office, PLLC.