Serving your sentence doesn’t necessarily mean every right you lost after a felony conviction automatically comes back. If you have a felony on your record, you may be asking: “Can a convicted felon own a gun in Arizona?” Or, “Can I get my gun rights back after a felony?” The answer depends on your conviction, whether you have completed your sentence, and whether your firearm rights have been legally restored.
With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. We help Arizona clients understand the lasting consequences of a criminal conviction, determine whether they may be eligible to restore their rights, and navigate the legal process of moving forward.
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What Happens to Your Gun Rights After an Arizona Felony?
Under Arizona Revised Statutes § 13-904, a felony conviction suspends several civil rights, including the right to possess a firearm.
Federal law also generally prohibits a person convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. However, federal law recognizes certain situations in which a conviction has been set aside, pardoned, or civil rights have been restored.
That means a felony conviction does not necessarily result in a permanent loss of firearm rights in every case, but you should never assume your rights have returned simply because you completed your sentence.
Can Gun Rights Be Restored After a Felony in Arizona?
In some cases, yes. Arizona law provides several ways that civil rights may be restored after a felony conviction. Whether your firearm rights can be restored — and how — depends heavily on the type of conviction and your individual circumstances.
Important factors can include:
- Whether this was your first felony conviction
- Whether the offense is classified as a serious or dangerous offense
- Whether you successfully completed probation or received an absolute discharge from prison
- Whether all required victim restitution has been paid
- Whether your conviction is eligible to be set aside
- Whether the conviction occurred in Arizona, another state, or federal court
Because firearm rights are treated differently from some other civil rights, it is important to determine exactly what has been restored before possessing or purchasing a firearm.
Are Gun Rights Automatically Restored After a First Felony?
Sometimes, but not for every conviction. Under A.R.S. § 13-907, a person who has not previously been convicted of a felony may generally receive automatic restoration of civil rights after completing probation or receiving an absolute discharge from imprisonment, provided all victim restitution has been paid.
For qualifying first-time offenders, this automatic restoration can include firearm rights. However, automatic firearm restoration does not apply when the conviction was for a dangerous offense under A.R.S. § 13-704 or a serious offense as defined by A.R.S. § 13-706.
Those distinctions matter. Just because your voting rights or other civil rights have been restored does not necessarily mean you can legally possess a firearm.
What If You Have More Than One Felony Conviction?
If you have previously been convicted of a felony, restoration generally is not automatic.
Under A.R.S. § 13-908, a person with a prior felony conviction may apply to the Superior Court to have certain civil rights restored after final discharge. Restoration in these cases is at the discretion of the judicial officer.
Firearm rights may require additional consideration under Arizona law, particularly when a serious or dangerous offense is involved.
Having multiple felony convictions does not necessarily mean you should assume restoration is impossible. It does mean your criminal history and the specific offenses involved need to be carefully reviewed before determining what options may be available.
Serious vs. Dangerous Offenses: Why the Difference Matters
Arizona law places additional restrictions on restoring firearm rights for certain felony convictions. Under A.R.S. § 13-910:
- A person convicted of a dangerous offense under A.R.S. § 13-704 may not file for restoration of the right to possess or carry a firearm under this statute.
- A person convicted of a serious offense as defined in A.R.S. § 13-706 must generally wait 10 years from the date of absolute discharge before filing for restoration of firearm rights.
Even after the applicable requirements have been met, restoration under § 13-910 is not guaranteed. The decision remains within the discretion of the judicial officer. This is one reason it is important to know exactly how your original offense was classified rather than relying on the felony class alone.
Can Setting Aside a Felony Restore Your Gun Rights?
In some cases, yes. Arizona allows many people who have fulfilled the conditions of their sentence or probation to ask the court to set aside a conviction under A.R.S. § 13-905. When considering a set-aside application, the court may look at factors including:
- The nature and circumstances of the offense
- Compliance with probation or the sentence
- Prior or subsequent convictions
- Victim input and the status of restitution
- How much time has passed since completion of the sentence
- The person’s age at the time of the offense
Under current Arizona law, when an eligible conviction is set aside, firearm rights are also restored. However, this firearm-restoration provision does not apply to a serious offense as defined by A.R.S. § 13-706, and the set-aside statute itself excludes certain convictions, including dangerous offenses and several categories of sexual offenses and offenses involving minor victims.
A set-aside also does not erase your criminal record. The conviction remains part of your criminal history, although the record is updated to reflect that the judgment was set aside.
What If Your Felony Happened in Another State or Federal Court?
Living in Arizona does not automatically eliminate firearm restrictions from a conviction entered somewhere else. Arizona law provides a process for certain people whose civil rights were lost because of an out-of-state or federal felony conviction to apply for restoration in the Arizona county where they currently reside.
However, firearm rights can be particularly complicated when multiple jurisdictions are involved. Federal law has its own restrictions on firearm possession, and the law of the jurisdiction where you were convicted may also affect whether a conviction continues to prohibit firearm possession.
Before purchasing, carrying, or possessing a firearm, it is important to determine whether you are legally permitted to do so under both Arizona and federal law.
Don’t Assume Your Gun Rights Have Been Restored
One of the biggest mistakes someone with a felony conviction can make is assuming that completing probation, finishing a prison sentence, or having other civil rights restored automatically means they can legally possess a firearm.
The consequences of getting it wrong can be serious. Under federal law, unlawful firearm possession by a prohibited person can result in significant criminal penalties. Arizona law also prohibits possession by certain individuals whose civil right to possess a firearm has not been restored.
Before buying, possessing, or carrying a firearm after a felony conviction, make sure you know exactly where you stand.
Restoring Your Rights Can Be Complicated
Every felony conviction is different. The offense, date of conviction, sentence, criminal history, jurisdiction, and classification of the offense can all affect whether firearm rights may be restored.
That’s where Jeff GOULD Law can help. If you have completed your sentence and want to know whether you can legally own or possess a firearm in Arizona, don’t rely on assumptions, advice from friends, or what happened in someone else’s case.
We help clients across Oro Valley, Marana, Tucson, and throughout Southern Arizona understand their rights, determine whether they may qualify for restoration, and take the appropriate legal steps to move forward.
A felony conviction may have taken away your firearm rights, but depending on your circumstances, that loss may not have to be permanent.
Ready to RESTORE Your Rights?
Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your individual situation. Further, this information does not create an attorney-client relationship.