Craig Williams, Attorney at Law, PLLC
Menu Contact
928-759-0000
Experienced. Trusted. Aggressive.

Can a firearm be seized in a domestic violence arrest?

If a person in Arizona is charged with a domestic violence crime, it can be a very serious situation, especially where firearms are concerned. The right to bear arms is very important to many residents of Arizona, so understanding how accusations of domestic violence can affect a person's right to own a weapon is important.

Under Arizona Statutes, when police are called to the scene of a reported domestic violence situation, if they find that a firearm is on the premises, they have the right to seize it if it was in "plain sight" or was discovered through a search performed under consent, and they have reason to think that the firearm presents a risk of serious physical harm or death to a person on the premises. That being said, in order for police to seize a firearm belonging to the alleged victim, there must be probable cause to think that both the alleged victim and the alleged perpetrator have both engaged in an act of domestic violence. Any firearm seized will be kept for a minimum of 72 hours.

If there is reason to believe that the alleged victim would be put in danger should the firearm be returned to its owner, the firearm may be retained by the police for a maximum of six months. The owner of the firearm can ask for a hearing in order to argue that the firearm should not have been seized or to request the return of the firearm. At such a hearing, the firearm may be returned if it can be shown that the alleged victim will not be put in danger through the return of the firearm.

Possessing a firearm is very important for many people in Arizona. Most of the time, these people are very responsible with their weapons and do not use them in any way to harm another person. It may seem unfair, then, that a firearm can be seized temporarily even if a person is not ultimately convicted of a domestic violence crime. Residents of Arizona who find themselves in such situations may want to seek the help of a criminal defense attorney, as this is only a general overview of the seizure of a firearm in a domestic violence case, and cannot serve as legal advice.

No Comments

Leave a comment
Comment Information

En Espanol

Esta cansado de barreras cuando necesita asistencia legal? Nosotros le podemos ayudar.

Somos abogados con alta experiencia en casos criminales y casos de D.U.I. Su caso sera examinado completamente y a fondo. Nosotros le explicaremos la ley y cuales podrian ser sus consecuencias. Interrogamos a quienes lo acusan e investigamos toda acusacion contra usted.

Bienvenidos, con gusto lo atenderemos.Interprete disponible.

  • Craig Williams, Attorney at Law BBB Business Review
  • Avvo Rating Guidance The right lawyer
Tell Us About Your Case

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Mail to:
P.O. Box 26692
Prescott Valley, AZ 86312

Phone: 928-759-0000
Fax: 928-441-1121

Office Location:
3681 North Robert Road
Prescott Valley, AZ 86314

Prescott Valley Law Office Map

Phone Number: