Arizona takes firearm offenses extremely seriously, especially when they involve individuals with prior felony convictions. If you have been convicted of a felony and later caught possessing a gun, you can face new felony charges and severe prison penalties under state law.
At Guardian Law Group, our criminal defense attorneys represent clients in Glendale and across Arizona who are accused of unlawful firearm possession after a felony conviction. We help individuals understand their rights, restore their eligibility to possess firearms when possible, and defend against new criminal allegations.
Arizona’s Prohibited Possessor Law
Under A.R.S. § 13-3101(A)(7), a person becomes a “prohibited possessor” if they have been convicted of a felony and have not had their civil rights, including the right to bear arms, restored by the court.
This restriction applies to all firearms, whether the weapon is owned, borrowed, or even temporarily handled. A prohibited possessor cannot lawfully:
- Own, buy, or sell a firearm
- Carry or transport a firearm
- Live in a residence where a firearm is accessible
Even if you do not personally own the gun, simply being in possession or control of one can lead to serious felony charges.
Actual and Constructive Firearm Possession
Possession doesn’t always mean having a firearm physically in your hand or on your person. Arizona law recognizes both actual possession and constructive possession.
- Actual possession: The firearm is directly on you or within immediate reach.
- Constructive possession: You have knowledge of and control over the weapon, such as when it’s found in your home, car, or storage area.
For example, if police find a gun in your vehicle or bedroom and believe you knew it was there, they may charge you with possession even if the weapon belongs to someone else.
Penalties for Firearm Possession After a Felony
Possession of a firearm by a prohibited possessor is classified as a Class 4 felony under A.R.S. § 13-3102(A)(4). The penalties depend on the individual’s criminal history and whether the offense is considered dangerous.
Typical sentencing ranges include:
- First-time prohibited possessor: Up to 3.75 years in prison
- With prior felony convictions: Up to 15 years in prison
- If designated a dangerous offense: Mandatory prison sentence without eligibility for probation
For a case review, gather the charging document, prior conviction records and any court orders addressing firearm rights. Note where the weapon was found and who else had access to that location.
How Prosecutors Prove a Firearm Possession Charge
To convict someone of prohibited possession, the prosecution must prove three key elements:
- The defendant had a prior felony conviction
- The defendant knowingly possessed a firearm
- The defendant’s civil rights were not restored at the time of the offense
Prosecutors often rely on police testimony, forensic evidence, or statements made during arrest to prove possession. However, any weakness in these elements can open the door for a strong defense.
Common Defenses to Felon-in-Possession Charges
At Guardian Law Group, our criminal defense attorneys review the evidence and procedural details of the firearm allegation.
Common defense strategies include:
- Lack of knowledge: The defendant did not know the firearm was present
- No control: The weapon was in a shared space or belonged to someone else
- Civil rights restored: The defendant legally regained firearm rights before the arrest
- Illegal search: Police found the firearm through an unlawful search or seizure
- Insufficient evidence: The prosecution cannot prove constructive possession beyond a reasonable doubt
Which arguments are available depends on the evidence and procedural history of the case.
Restoring Firearm Rights After a Felony
Not all felony convictions permanently remove firearm rights. In Arizona, some individuals can apply to have their civil rights restored after serving their sentence.
To restore firearm rights, you must typically:
- Complete your sentence, probation, or parole
- Remain conviction-free for a set number of years
- File a petition to restore civil rights in the court where you were sentenced
Certain offenses, such as serious or violent felonies, may permanently bar firearm possession. Consulting an attorney familiar with Arizona’s restoration process can help you determine your eligibility.
Why Felon-in-Possession Cases Require Immediate Action
A firearm allegation involving a prior felony requires review of the earlier case, any rights-restoration order and the circumstances in which the weapon was found.
Early legal intervention allows your attorney to challenge the evidence, negotiate with prosecutors, or demonstrate that your rights were restored. Acting quickly also preserves key evidence and ensures you meet important legal deadlines.
How Guardian Law Group Reviews Firearm Evidence
At Guardian Law Group, we provide focused and strategic defense for firearm-related cases, especially those involving prohibited possessors. Our attorneys work to protect your constitutional rights and minimize the long-term consequences of a conviction.
We:
- Examine how and where the firearm was discovered
- Challenge illegal searches and improper police conduct
- Verify whether your firearm rights were lawfully restored
- Negotiate for charge reductions or alternative sentencing options
We explain the evidence we review and the questions that need further investigation.
Questions About Firearm Possession After a Felony
Can I be charged if the gun wasn’t mine?
Yes. Even if you don’t own the weapon, prosecutors can charge you if they believe you had control over it or knew where it was located.
What if I didn’t know there was a gun in my home or car?
You can’t be convicted without proof that you knowingly possessed the firearm. Your attorney can argue that you were unaware of its presence or that it belonged to someone else.
Can my gun rights ever be restored after a felony?
In some cases, yes. Depending on your conviction type, you may petition the court to restore your firearm rights after a waiting period and completion of all sentencing terms.
Speak with a Glendale Firearm Crimes Defense Attorney Today
If you’ve been charged with possessing a firearm after a felony conviction, your freedom and future are on the line. Bring your charging documents and any firearm-rights orders to a consultation so counsel can review your circumstances.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.