In Arizona, a domestic violence conviction—or even a protective order—can have long-lasting consequences, including the potential loss of gun rights. Both state and federal laws impose strict restrictions on firearm possession for individuals with domestic violence-related offenses, meaning those accused or convicted must understand how these laws apply to their case.
The skilled domestic violence defense attorneys at Griffen & Stevens Law Firm, PLLC, have extensive experience defending clients facing domestic violence allegations while also navigating the complex intersection of criminal law and gun rights. This article explores how domestic violence charges can impact firearm ownership in Arizona, the legal framework behind these restrictions, and potential defense strategies for those seeking to protect their rights.
Federal and Arizona Laws Restricting Gun Ownership After Domestic Violence Offenses
Both federal and Arizona laws prohibit certain individuals from possessing firearms following domestic violence-related incidents. These restrictions apply to convictions as well as protective orders, making it crucial for anyone facing such allegations to seek legal guidance early.
Federal Restrictions Under the Lautenberg Amendment
The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) is a federal law that prohibits anyone convicted of a domestic violence misdemeanor from owning or possessing firearms. This applies even if the offense was a misdemeanor rather than a felony. Key aspects include:
- Covered offenses. The law applies to crimes involving physical force or threats against a current or former spouse, cohabitant, or someone with whom the defendant shares a child.
- Lifetime ban. Unlike some state laws, the federal prohibition is permanent unless the conviction is expunged, set aside, or pardoned.
- No exceptions. Even if Arizona state law allows firearm restoration in some cases, federal law may still prevent ownership.
Arizona State Laws on Firearm Restrictions
Arizona has its own statutes that limit gun rights for those convicted of domestic violence or subject to protective orders:
- ARS § 13-3101(A)(7)(d). This law prohibits firearm possession by anyone convicted of a felony or certain domestic violence misdemeanors.
- ARS § 13-3601. Defines domestic violence offenses in Arizona, including assault, threatening behavior, and harassment against household members.
- Protective orders (ARS § 13-3602). If a court issues an order of protection against someone, they may be required to surrender firearms temporarily or permanently.
Consulting an Arizona criminal defense lawyer can help navigate these overlapping statutes and assess potential defenses or pathways to reclaiming gun rights.
How Protective Orders Affect Gun Rights in Arizona
Even without a conviction, a protective order (also called a restraining order) can lead to firearm restrictions. Courts take these orders seriously, and violating them can result in additional criminal charges.
Types of Protective Orders in Arizona
Arizona recognizes two main types of protective orders that may impact gun rights:
- Order of Protection. Issued in civil court, often in cases involving domestic violence allegations.
- Injunction Against Harassment. Used in non-domestic situations but can still affect firearm possession if the court deems it necessary.
Firearm Restrictions Under Protective Orders
When a judge grants an order of protection, they may include provisions requiring the respondent to:
- Surrender firearms. Law enforcement may confiscate weapons temporarily while the order is in effect.
- Prohibit new purchases. The respondent may be barred from buying firearms during the order’s duration.
- Face federal consequences. Under 18 U.S.C. § 922(g)(8), possessing a firearm while under a qualifying protective order is a federal crime, punishable by fines and imprisonment.
Protective orders can immediately suspend firearm rights, even without a conviction, and violating these orders carries serious penalties. If facing an order of protection, seeking legal counsel early is essential to challenge unjustified restrictions or minimize long-term impacts on gun ownership.
Can You Restore Gun Rights After a Domestic Violence Conviction?
Losing gun rights after a domestic violence charge doesn’t always have to be permanent, but restoring them can be challenging. The process depends on whether the conviction was under state or federal law.
Options for Restoring Firearm Rights in Arizona
- Expungement or set-aside (ARS § 13-905). Some misdemeanors may be eligible for set-aside, which can remove certain restrictions. However, federal law may still apply.
- Pardon. A governor’s pardon can restore rights, but these are rarely granted.
- Waiting periods. Some misdemeanor convictions may allow firearm possession after a certain period, but this does not override federal bans.
Federal Barriers to Restoration
Even if Arizona law permits firearm possession after a conviction, the Lautenberg Amendment imposes a lifetime ban unless the conviction is legally nullified. This means:
- Expungement must be full. A set-aside may not be enough—federal law requires that the conviction be completely erased.
- No “early” restoration. Unlike some state laws, there is no waiting period after which rights are automatically reinstated.
Given these complexities, consulting an experienced Arizona criminal defense lawyer is critical for anyone seeking to regain their gun rights after a domestic violence case.
Defending Against Domestic Violence Charges to Protect Gun Rights
Because the stakes are so high, mounting a strong defense against domestic violence allegations is essential. Strategies may include:
- Challenging the evidence. If witness testimony, police reports, or other evidence is weak, charges may be reduced or dismissed.
- Negotiating plea deals. In some cases, pleading to a non-domestic offense (such as disorderly conduct) may avoid firearm restrictions.
- Fighting protective orders. If an order of protection is unjustified, an attorney can argue for its dismissal before it impacts gun rights.
Domestic violence charges can have far-reaching effects, including the potential loss of gun rights under both Arizona and federal law. Whether facing a misdemeanor, felony, or protective order, having knowledgeable legal representation can make all the difference in preserving your rights and future opportunities.
The legal team at Griffen & Stevens Law Firm, PLLC, understands how critical it is to protect both your freedom and your constitutional rights. With thorough case evaluation and strategic defense planning, they work to minimize the long-term consequences of domestic violence allegations.