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What are your gun rights if you are convicted of domestic violence?

| Jul 1, 2021 | Criminal Law | 0 comments

Facing a conviction of domestic violence can upend your entire life. You may worry that you will lose all of your rights should you end up with a sentence. Figuring out how to go forward is challenging, especially if you have to deal with a potential restraining order or a loss of time with your family.

In Arizona, domestic violence is defined as an act of violence against current or former household members. In this state, if you own a gun, you may have to give it up if you are on probation for a domestic offense.

Arizona domestic violence firearm prohibitions

State law prohibits defendants with a protective order against them from purchasing guns. The court must determine that defendant is a credible threat. A law enforcement officer who has probable cause to believe that a person may have committed an act of domestic violence may ask the court to issue that emergency order.

Surrender or removal of firearms

Someone with a protective order after a domestic violence conviction may not purchase any new firearms and they have to surrender any firearms they currently own. In addition, law enforcement at the scene of an incident may choose to remove a firearm if one is present and it must be held for at least 72 hours before it is returned to the owner.

If you are facing a domestic violence conviction, it is important to know your rights regarding guns. In Arizona, the penalties are serious, so having a good defense against your charge is essential.