For a Surprise weapons charge after a nonviolent felony, start with the actual prior judgment and firearm-rights status. “Nonviolent” does not by itself establish whether possession was lawful. Compare the conviction, discharge and restitution records, any restoration order and any other state or federal restriction before drawing a conclusion about the pending charge.
Understanding Arizona Gun Possession Laws
Under A.R.S. § 13-3101 and A.R.S. § 13-3102, it is unlawful for certain individuals to possess a firearm, even if the original conviction was for a nonviolent felony. Arizona defines “prohibited possessors” as people who are not legally allowed to own or carry firearms.
Categories of Prohibited Possessors Include:
- Individuals convicted of a felony whose civil right to possess or carry a firearm has not been restored
- People found mentally incompetent or incapacitated by a court
- Individuals currently serving a probation or parole sentence
- Persons convicted of domestic violence misdemeanors under specific conditions
Even if your prior offense didn’t involve violence—such as a fraud or drug-related felony—you could still face felony charges for gun possession if your rights have not been reinstated.
What Happens If a Nonviolent Offender Is Caught With a Gun?
Being charged as a prohibited possessor under A.R.S. § 13-3102(A)(4) is a Class 4 felony. Penalties can include:
- Up to 3.75 years in prison for a first-time felony offender
- Significant fines and a permanent criminal record
- Loss of firearm rights and other civil liberties
If aggravating factors are present—such as possession during another alleged crime or previous felony convictions—sentences can increase dramatically.
Restoring Gun Rights After a Nonviolent Felony
§ 13-907 provides automatic restoration for qualifying first offenders after the specified completion or discharge and restitution requirements, with exceptions including dangerous or serious offenses for firearm rights. Other cases may require a court application under § 13-910. A set-aside under §13-905 is a separate form of relief, not a universal restoration procedure.
Eligibility May Depend On:
- The nature of the original offense
- Time elapsed since sentence completion
- Compliance with court orders and restitution
- No subsequent criminal charges
When defending a prohibited-possession allegation, counsel should obtain the prior judgment, discharge documents and any restoration or set-aside order. Check exactly what the order restores and whether another restriction remains; do not infer lawful possession from the offense’s informal nonviolent label.
Common Defenses to a Weapons Possession Charge
Our weapons-charges lawyers in Surprise and throughout Maricopa County develop strategic defenses based on the facts of each case. Possible defense strategies include:
- Lack of knowledge or possession (for example, the gun wasn’t yours)
- Illegal search and seizure by law enforcement
- Restoration of rights or mistaken identity
- Insufficient evidence or procedural violations
Our team works to have evidence suppressed, charges reduced, or cases dismissed whenever possible.
Why Choose Guardian Law Group
At Guardian Law Group, we provide focused felony defense for individuals accused of firearm offenses, drug crimes, and other serious charges. Our approach includes:
- Detailed case investigation and evidence review
- Aggressive negotiation and trial advocacy
- Client-centered communication and legal transparency
We understand that one mistake or misunderstanding shouldn’t define your future.
FAQs About Gun Possession and Nonviolent Felonies
Can I own a gun if my felony was nonviolent?
Not necessarily. A nonviolent label is not the full statutory test. Review whether firearm rights were restored automatically or by order under the applicable law and whether any separate state or federal prohibition applies. Do not possess a firearm based only on an assumption about eligibility.
How long do I have to wait to restore my gun rights?
There is no single two-year rule for every nonviolent felony. §13-907 has a qualifying first-offender framework; §13-910 bars an application for a dangerous offense and sets a ten-year period after absolute discharge for a serious offense. Other eligible applications are discretionary. The actual conviction and discharge documents matter.
What if I’m charged with possession but didn’t know about the gun?
Knowledge and intent are crucial elements. A skilled defense attorney can challenge whether you knowingly possessed the firearm.
Contact a Weapons-Charges Lawyer in Surprise
For a pending weapons-charge consultation, bring the new charging paper, prior judgments, discharge and restitution records, and any rights-restoration orders. Counsel can review the alleged possession and claimed prohibited status separately. Guardian Law Group’s criminal defense team can review the records and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.