Domestic violence and the duration of firearm seizure

On Behalf of | Apr 28, 2022 | Assault And Domestic Violence, Blog | 0 comments

If you are facing allegations regarding domestic violence, many different challenges could lie ahead. These charges could jeopardize your relationship with your child, shatter your reputation and create other serious problems, such as firearm seizure. Sometimes, people lose their firearms as a result of false accusations of domestic violence.

If you recently lost your firearms, you likely have questions about when you can get them back. It is essential to familiarize yourself with relevant laws, the process of having your firearms returned and the unique details surrounding your case.

How long can officials seize firearms over domestic violence?

The Arizona Legislature states that law enforcement officials can ask if firearms are present when responding to domestic violence incidents. If they determine that firearms could pose a threat to the safety of someone in the household, they can seize the firearms for no less than 72 hours. Authorities must provide a receipt for all seized firearms.

If a prosecutor files a notice in court that returning firearms could endanger a household member, a firearm seizure could extend to six months. If this occurs, you will receive a notice as the owner of the firearms.

Disputing firearm seizure due to domestic violence claims

If you lost your firearms due to domestic violence allegations and received a notice that the seizure will continue for six months, you can ask for a hearing to dispute the seizure or have your firearms returned sooner. During this hearing, the court will review whether returning your firearms threatens the safety of household members, and you could receive your firearms earlier.

Make sure you carefully prepare for a hearing to dispute firearm seizure, as well as the domestic violence charges you face.

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