Can I Own a Gun If I’m Charged with Domestic Violence in Arizona?

If you are charged with or convicted of domestic violence in Arizona, your right to own or possess firearms is immediately at risk. Federal law under 18 U.S.C. § 922(g)(8)-(9) and Arizona law both impose strict firearm restrictions on individuals with domestic violence charges or convictions. Even a misdemeanor domestic violence conviction triggers a lifetime federal ban on firearm possession. Understanding how these laws intersect and what options exist to protect your rights is critical. At Oliverson Law DUI & Criminal Defense, our team fights to protect both your freedom and your constitutional rights. Call (480) 582-3637 for a free consultation.

Key Takeaways

• Federal Law Imposes a Lifetime Ban: Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), a conviction for any misdemeanor crime of domestic violence results in a permanent federal prohibition on firearm possession.
• An Order of Protection Triggers Restrictions: If a court issues a domestic violence order of protection against you, federal law prohibits you from possessing firearms for the duration of the order.
• Arizona Has Its Own Restrictions: Arizona law prohibits firearm possession for anyone convicted of a domestic violence offense involving a deadly weapon or dangerous instrument, and prohibits possession while an order of protection is in effect.

Federal Firearm Restrictions for Domestic Violence

The federal prohibition on firearm possession for domestic violence is one of the most severe collateral consequences of a conviction. Under the Lautenberg Amendment, any person convicted of a “misdemeanor crime of domestic violence” is permanently banned from possessing, receiving, or transporting firearms or ammunition. This applies regardless of whether the conviction was in state or federal court, and regardless of whether the offense was classified as a felony or misdemeanor.

What Qualifies as a “Misdemeanor Crime of Domestic Violence”

The federal definition includes any offense that has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, guardian, or person in a similar domestic relationship. In Arizona, this covers assault (A.R.S. § 13-1203), criminal damage, threatening, and other offenses when they occur between household members as defined under A.R.S. § 13-3601.

Arizona Firearm Restrictions

Under Arizona law, a person subject to an order of protection is prohibited from possessing firearms during the effective period of the order. Violation of this prohibition is a separate criminal offense. Additionally, if your domestic violence conviction involved a deadly weapon or dangerous instrument, Arizona law imposes its own firearm restrictions that may extend beyond the federal prohibition.

How to Protect Your Firearm Rights

The most effective way to protect your firearm rights is to fight the underlying domestic violence charge aggressively. If the charge is dismissed or you are acquitted, no firearm restriction applies. If a conviction cannot be avoided, your attorney may be able to negotiate a plea to a non-domestic-violence offense that does not trigger the federal ban. After a conviction, having the judgment set aside under A.R.S. § 13-907 may restore your rights under Arizona law, though the federal prohibition may still apply depending on the circumstances.

Related Articles

• Assault vs. Aggravated Assault in Arizona
• Clearing a Criminal Record in Arizona
• Is Fighting a Crime in Arizona?

Frequently Asked Questions

Can I own a gun if I’m charged with domestic violence in Arizona? While a charge alone does not automatically prohibit possession, an order of protection issued in connection with the charge does. A conviction — even a misdemeanor — triggers a permanent federal ban on firearm possession.

Is the federal gun ban for domestic violence permanent? Yes. Under the Lautenberg Amendment, a conviction for a misdemeanor crime of domestic violence results in a lifetime prohibition on possessing firearms. There is no federal mechanism to restore this right for most individuals.

Can I get my gun rights back after a domestic violence conviction? Potentially under Arizona law if the conviction is set aside, but the federal prohibition may still apply. The intersection of state and federal law in this area is complex, and you should consult with an attorney who understands both systems.

What if I need a firearm for my job? Law enforcement and military personnel have limited exceptions under federal law, but these exceptions are narrow. If your job requires firearm possession and you are facing domestic violence charges, this makes it even more critical to fight the charge aggressively to avoid conviction.