If you’ve been convicted of a felony or are under investigation for a weapons-related offense in Surprise, understanding your rights under Arizona gun possession laws is crucial. Even nonviolent offenders can face severe restrictions when it comes to owning or carrying a firearm. At Guardian Law, our experienced criminal defense attorneys in Arizona help individuals navigate these complex firearm statutes, protect their rights, and, when possible, restore their Second Amendment privileges.
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 who have not had their civil rights 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
Arizona law allows for the restoration of firearm rights in certain cases after the completion of sentencing, probation, and payment of restitution. Under A.R.S. § 13-905, individuals convicted of non-dangerous, nonviolent felonies may apply to have their civil rights—and potentially firearm rights—restored.
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
Guardian Law helps clients petition for rights restoration and advises on the best strategy to regain lawful firearm ownership.
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
At Guardian Law, 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 until your civil rights and firearm rights are formally restored under A.R.S. § 13-905 or A.R.S. § 13-906.
How long do I have to wait to restore my gun rights?
For a non-dangerous felony, you can apply for restoration two years after completing your sentence, including probation.
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
If you’re facing a weapons charge as a nonviolent offender or want to restore your gun rights, don’t navigate Arizona’s complex firearm laws alone. The consequences of a conviction—or even an accusation—can be life-altering.
Call Guardian Lawtoday at (602) 888-8020for a confidential consultation.