Written By: Tyler Schwenke, Esq.

A felony conviction in Arizona results in the loss of four primary civil rights: the right to vote, right to hold public office, right to serve on a jury, and right to possess a firearm. If a person only has one conviction, their rights to vote, hold public office, and serve on a jury is automatically restored after completing their  sentence. This is not true for the right to own a firearm.  Ownership of a firearm after being convicted of a felony can result in being charged with another felony: misconduct involving weapons. Misconduct involving weapons by a prohibited possessor is a Class 4 felony.

To get your right to own a gun restored, a motion must be submitted with the Court. This can be done by the person seeking to have their right restored or with the assistance of an attorney. There are a few things to keep in mind when filing a Motion for Restoration of Gun Rights.

While misdemeanors generally do not result in the loss of civil rights, there is one exception. If a person is convicted of a misdemeanor domestic violence offense, that person is no longer allowed to possess a firearm under federal law. 18 § U.S.C. 922(g)(9). Because this prohibition is under federal law, a person cannot simply apply to the state court to have the right reinstated. Instead, a person convicted of a domestic violence offense and seeking to possess a firearm must petition to have the domestic violence conviction set aside. To learn more about having a conviction set aside, please see our blog post written by Chris Doran, “ Getting Your Freedom Back ”.

After a judge grants a Motion to Restore Gun Rights or a Motion to Set Aside Conviction, there are still steps that need to be taken in order to get a person’s gun rights restored. Once the motion is granted, the FBI needs to be notified that the Court has reinstated the person’s gun rights and that the person is allowed to possess a firearm again. For this, a Voluntary Appeal File (VAF) needs to be opened with the FBI. A VAF application can be found on the FBI website here. A person can apply through an online application, or a paper application can be filled out and mailed. In order to complete the VAF application, the person will need to get a fingerprint card filled out at their local police station.

After successful completion of the VAF Application, the FBI will issue the person a Unique Personal Identification Number (UPIN). For future firearm transactions, the person will provide their UPIN during the background check. This will confirm the person’s identity and confirm that they are allowed to purchase a firearm. The VAF application process can take several months to complete so patience will be key.

If you or someone you know is looking to have their firearm rights restored, please contact our office for assistance at (602) 675-4508.

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