Friday, July 3, 2015

Domestic Violence and Gun Rights

If you have been convicted of a misdemeanor domestic violence charge in the state of Arizona you cannot get your gun rights back. This applies even if you have had the charge set-aside and dismissed. Here’s why: the Domestic Violence Offender Gun Act that was passed by Congress in 1996. In short, the law states that any person convicted of a domestic violence offense is not allowed to legally possess any firearm or ammunition.

For someone to be able to own and possess a gun after a conviction, they need to have the state court set-aside or expunge the conviction. They will also need to explicitly restore the individual’s right to possess and own a firearm.

There is a process in place for convicted felons to get their gun rights back by getting their conviction set-aside of expunged. There is not a process for individuals convicted of misdemeanor domestic violence. The law has been challenged multiple times and has been upheld by the Supreme Court.

Currently there is no way for an individual convicted of misdemeanor domestic to have their gun rights restored within the state of Arizona. The solution to this problem lies with the state legislature. Arizona legislatures can remedy the problem by adding a provision to the state law allowing domestic violence convicted individuals to own and possess a firearm once their conviction is set-aside.

For answers to any questions that you might have related to gun rights and domestic violence, contact an attorney that is experienced in dealing with domestic violence related defense.

 

http://edwardspetersen.com/domestic-violence-and-gun-rights/