Most people already know that it is an American’s constitutional right to lawfully bear arms. How that is interpreted is limited by federal case law and can even vary from state law to state and jurisdiction to jurisdiction. However, the right can be revoked for an individual.
There are many reasons why somebody might lose their right to own a firearm and to bear arms (commonly referred to as gun rights), but a conviction of a felony criminal offense or a domestic violence offense are two of the most common. However, did you know that most of the time an individual with a disqualifying conviction is eligible to apply to have his or her right to possess a firearm be reinstated after completing all the requirements set up by the court in their case.
In Maricopa County, the application process can become a lengthy and complicated process. This process can be chalked full of legal obstacles, something a Phoenix gun rights restoration lawyer at our firm could help you navigate. By speaking with our experienced defense attorneys, you could put yourself in a better position for success.
When someone does apply to restore their gun rights, the prosecuting attorney’s office that was assigned to prosecute the original criminal charge has the right to be notified that the applicant it trying to restore their rights. They also have a right to be heard by the court on why the individual should or should not get their rights restored. In addition, any victim(s) of the original charge also have a right to be notified and be heard before the court makes a decision. Finally, judges may also be reluctant to restore gun rights, as they may be concerned about political fallout should someone whose rights they restored go on to commit a crime with a firearm. Combined, these requirements can cause a maze of legal obstacles to navigate. Therefore, it is highly important to seek guidance from an experienced firearm restoration attorney from the area.
In addition to the complex requirements to restore a person’s right to own a firearm, Phoenix attorneys routinely see situations where an individual’s gun rights have been restored, but the legally required notice is not submitted. This results in an FFL (firearms dealer) not legally being able to transfer or sell a firearm to someone who is legally allowed to possess a weapon. It also results in the denial of a CCW (concealed carry weapons) permit, a NFA, or Class III application for a short barrel rifle (SBR), suppressor, or other restricted item. In addition to the restoration of rights, there is a separate administrative process at the state and federal level to ensure that your criminal history accurately reflects the reinstatement of a person’s second amendment right to bear arms.
While many local courts provide do-it-yourself applications to restore your gun rights, our team of experienced Phoenix gun rights lawyers, including former law enforcement officers and former prosecutors know what sort of things make a difference in the minds of the prosecutors and judges who will be reviewing the application. If you are looking to reinstate your gun rights, please contact our office for a free consultation and get your questions answered.