Can a Set-Aside Conviction Restore Firearm Rights in Arizona?

Question from Av2, Can a Set-Aside Conviction Restore Firearm Rights in Arizona?

Answer from AI:

If you reside in Arizona and have had a third-degree domestic violence assault conviction set aside, you may be wondering about your eligibility to own a firearm. The laws regarding firearm ownership after a conviction can be complex, and it’s important to understand how they apply to your specific situation.

Understanding Set-Aside Convictions in Arizona

In Arizona, having a conviction set aside is similar to an expungement in other states. When a conviction is set aside, the court vacates the judgment of guilt. However, the record of the conviction is not completely erased and may still be considered for certain purposes, such as background checks for employment.

Firearm Ownership After a Domestic Violence Conviction

Under federal law, specifically the Lautenberg Amendment to the Gun Control Act of 1968, individuals convicted of misdemeanor domestic violence are prohibited from owning firearms. This federal prohibition applies even if the conviction is set aside or expunged at the state level. Therefore, despite the set-aside, the federal prohibition may still prevent you from legally owning a firearm.

Steps to Determine Eligibility for Firearm Ownership

To determine your eligibility to own a firearm after a set-aside conviction, consider the following steps:

1. Review the Specifics of Your Set-Aside: Understand the terms of your set-aside order. Some set-asides may restore rights, while others may not.
2. Check State Laws: Review Arizona state laws regarding set-aside convictions and firearm rights. Arizona law may have provisions for restoring firearm rights, but these do not override federal law.
3. Consult with a Legal Professional: Because firearm laws are complex and vary based on individual circumstances, it’s crucial to seek personalized legal advice from an attorney who specializes in criminal law and firearm rights.

When to Seek Legal Advice

If you’re considering owning a firearm after a set-aside conviction, it’s essential to consult with a legal professional. An attorney can help you understand:

• The implications of your set-aside conviction on firearm ownership.
• Whether there are any additional steps you can take to restore your firearm rights.
• How federal and state laws interact in your particular case.

Additional Resources

For more information on set-aside convictions and firearm laws, you can refer to the following resources:

• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides information on federal firearm prohibitions.
• The Arizona Revised Statutes contain state-specific laws on set-asides and firearm ownership.

Remember, while general guidelines can provide a starting point, only a qualified legal professional can give you advice tailored to your specific situation. It’s important to take the necessary legal steps to ensure that you are in compliance with all applicable laws before attempting to purchase or possess a firearm.