How to Restore Your Gun Rights After a Conviction in Arizona

Losing the right to possess a firearm after a conviction in Arizona is a serious consequence, but for many individuals, that right can eventually be restored. Depending on the nature of the offense and the steps taken after sentencing, Arizona law provides paths for gun rights restoration through set asides and judicial petitions. Knowing when and how to pursue these options can make the difference between ongoing restrictions and full reinstatement of civil rights.

The Relationship Between Set Asides and Firearm Rights

A set aside under A.R.S. § 13‑905 allows the court to vacate a conviction after all sentence requirements are met. Once granted, a set aside releases the person from most penalties and disabilities resulting from the conviction. While the conviction still appears on background checks, it can come with substantial benefits—including possible restoration of certain civil rights, such as the right to possess firearms, if the court specifically includes that relief in its order and the offense qualifies under Arizona law.

For eligible non-serious offenses, a successful set aside may restore gun rights without the need for a separate petition, if the court includes firearm rights restoration in its order. This applies both to felony convictions and to misdemeanor domestic violence offenses, which under federal law typically restrict firearm possession. A set aside may resolve those restrictions if the underlying offense qualifies. However, federal law may not recognize a set aside as restoring firearm rights, particularly in domestic violence cases.

Offenses That Block Automatic Gun Rights Restoration

Not all convictions qualify for automatic restoration through a set aside. Arizona law distinguishes between different levels of offenses:

Serious offenses under A.R.S. § 13‑706 include violent felonies like murder, manslaughter, armed robbery, and certain child-related crimes. Gun rights are not automatically restored for these convictions even if the judgment is set aside.

Dangerous offenses, as defined in A.R.S. § 13‑704, involve the use or exhibition of a deadly weapon or the intentional infliction of serious injury. Individuals convicted of dangerous offenses are permanently barred from restoring their firearm rights through Arizona courts.

Those with a serious but non-dangerous felony may still become eligible for judicial restoration ten years after completing their sentence. This applies only if the offense qualifies as “serious” under A.R.S. § 13‑706 but not “dangerous” under A.R.S. § 13‑704. The court has full discretion to grant or deny restoration.

Eligibility and Timing for Restoration

Gun rights restoration depends on the classification of the offense and the completion of all sentence requirements, including probation, prison time, and financial obligations. Timing rules vary:

Non-serious, non-dangerous felonies: Once the sentence is completed, individuals can seek a set aside. If granted, gun rights are restored as part of the court’s order. If no set aside is pursued or granted, firearm rights can be petitioned separately after a waiting period under A.R.S. § 13‑910.

Misdemeanor domestic violence convictions: These cases typically block gun possession under federal law. In Arizona, a set aside restores firearm rights if the misdemeanor meets all criteria and does not involve a disqualifying element. No separate judicial restoration is available for misdemeanors. However, federal law may still prohibit possession regardless of a state-level set aside.

Serious but non-dangerous felonies: Firearm rights may be restored ten years after the sentence ends. A judicial petition must be filed under A.R.S. § 13‑910 or A.R.S. § 13‑905, supported by evidence of rehabilitation and compliance.

Dangerous felonies: Restoration through state courts is not available. The Arizona Governor’s pardon is the only route forward.

Key Steps in the Restoration Process

The process of restoring firearm rights typically involves one of two legal actions:

Applying for a Set Aside (A.R.S. § 13‑905): Filed with the court that handled the original case. The application should include documentation of sentence completion and any supporting evidence of rehabilitation. If the court grants the request, civil rights—including gun rights for eligible offenses—may be restored if the court includes them in the order.

Filing for Firearm Rights Restoration (A.R.S. § 13‑910): Required for individuals who are not eligible for automatic restoration via set aside. The petition must wait at least two years (or ten years for serious offenses) after sentence completion. The court evaluates the nature of the offense, compliance history, restitution, and evidence of change.

Processing time for these motions varies by court and complexity. On average, a set aside petition is resolved in three to five months. Judicial restorations may take longer if hearings are necessary or objections are filed.

Legal Risks of Premature Firearm Possession

Possessing a firearm before rights are restored carries significant penalties. In Arizona, it is a Class 4 felony to knowingly possess a firearm while disqualified. This offense can result in prison time, especially since the individual typically has prior convictions. At the federal level, unlawful possession by a prohibited person under 18 U.S.C. § 922(g) is punishable by up to ten years in prison and steep fines. Individuals must ensure their rights are legally restored before purchasing or possessing any firearm.

Moving Forward with Confidence

Restoring gun rights in Arizona is possible, but the process depends heavily on the classification of the conviction and whether all legal requirements have been satisfied. For many, a set aside provides a straightforward path toward firearm possession and other civil benefits. For others, more time and additional court involvement may be necessary. Understanding the statutory requirements—and ensuring all conditions are met—can make a major difference in the outcome.

Zachary Divelbiss, Lawyer
Future First Criminal Law