questions & answers

Question: I was convicted State Jail Felony in Texas (POCS) in 1999 and was sentenced to 9months in a State Jail Facility in Dayton, TX. I have since lived a model lifestyle, drug free and employed. We moved to AZ in 2006. My father in law passed away last month, so my husband wants to bring his handgun home. Is this legal in AZ or do I need to go in front of a judge?

Answer: Federal Statute (18 U.S.C. 922) prohibits convicted felons from possessing a firearm. This statute includes both actual and constructive possession. Actual possession would mean that the convicted felon owns the firearm. Constructive possession means that the felon has access to the weapon. This would include a weapon being in the home of a convicted felon. A publication about Arizona handgun laws provides the general requirements to receive a permit to own a handgun in Arizona. General Eligibility Applicants must::
• Be a resident of this state or a United States citizen;
• Be twenty - one years of age or older; • Not be under indictment for a felony offense;
• not be convicted of a felony offense, unless the conviction has been expunged, set aside, vacated or pardoned, or the individual’s right to possess fire arms has be restored AND the individual must not be a prohibited possessor under state or federal law.
 • Not suffer from mental illness and been adjudicated mentally incompetent or committed to a mental institution;
• Not be unlawfully present in the United States;
• Satisfactorily complete a firearms safety training program approved by the department of public safety pursuant to ARS §13 - 3112.N.
 
As mentioned above, felons may have gun rights restored to them through a court. In order to get these rights restored, you will need to file a petition with the Superior Court for the county in which you live.

For the full text of the federal statute, visit: https://www.law.cornell.edu/uscode/text/18/922 For the forms you must file with the court, visit: http://clerkofcourt.maricopa.gov/eformsondemand/300.pdf

For general information on restoring gun rights, visit: http://www.acluaz.org/get-help/restore-your-voting-rights For more information about Arizona handgun laws, visit: http://www.handgunlaw.us/states/arizona.pdf
or
http://www.handgunlaw.us/states/arizona.pdf