Second Amendment Rights For Felons In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-000298
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Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

In Arizona, you are prohibited from knowingly possessing a firearm where you've been convicted of a felony or adjudicated delinquent for a felony and your civil right to possess or carry a firearm hasn't been restored.

If you are a felon who has not had their rights restored, it is unlawful to own or have access to a gun—that includes being in the same house as one. ing to A.R.S. 13-3102, possessing a deadly weapon as a prohibited possessor is considered misconduct involving weapons and is a class four felony.

The court found that the word “people” in the Second Amendment means all people within the “national community.” Individuals, for example, do not forfeit their First and Fourth Amendment rights because of a felony conviction. Further, the phrase “law-abiding citizen” does not appear anywhere in the Second Amendment.

To restore the right to possess a weapon the person must file an application with Superior Court in the county where you were convicted. A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Superior Court in the county where you were convicted.

Under ARS 13-3102, a “prohibited possessor” is anyone who is or has been: 1. Found to constitute a danger to self or to others or to be persistently or acutely disabled or gravely disabled pursuant to a court order under ARS 36-540, and whose right to possess a firearm has not be restored pursuant to ARS 13-925.

To restore the right to possess a weapon the person must file an application with Superior Court in the county where you were convicted. A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Superior Court in the county where you were convicted.

In Arizona, you are prohibited from knowingly possessing a firearm where you've been convicted of a felony or adjudicated delinquent for a felony and your civil right to possess or carry a firearm hasn't been restored.

A person may not vote, serve on a jury, obtain commercial driver's licenses, possess a gun or join the U.S. armed forces. Even if a person's right to carry a weapon is restored he/she will be permanently banned from receiving a concealed weapon's permit.

The right to bear arms is one of multiple civil rights that a convicted felon loses in Arizona, as well as the right to vote and travel to certain countries. However, you may be able to restore your right to own a gun in Arizona by having your record expunged or set aside.

The court found that the word “people” in the Second Amendment means all people within the “national community.” Individuals, for example, do not forfeit their First and Fourth Amendment rights because of a felony conviction. Further, the phrase “law-abiding citizen” does not appear anywhere in the Second Amendment.

More info

You will need to fill out a request and pay a fee, and the payment history will be sent to you. What rights are lost when a person is convicted of a felony?A felony conviction suspends a person's civil liberties. Individuals who were charged with felonies as juveniles must apply for the restoration of their firearm rights. If you are convicted of a felony that is classified as a dangerous felony, you will not be eligible to have your conviction set aside. In felony cases obtaining a set-aside conviction under ARS 13-905 is a preliminary requirement for restoring firearm rights. A person convicted of a felony in Superior Court can apply to the court to set aside a judgment of guilt and restore civil rights. a. Each county has its own restoration of rights form and felons must fill out a separate application for each criminal case. A Judgment of Guilt was entered against me in the Superior Court of Arizona in Maricopa County. 1. And background checks are mandatory only for commercial gun sales, not private sales.

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Second Amendment Rights For Felons In Maricopa