can a felon ever own a gun? (Superior: felony, lawyer) - Arizona (AZ) - City-Data Forum

arizonaquest · 07-11-2009, 04:09 AM

Hello, I am new to this forum. Found it in a search. anyway..

I was 17 when I was convicted for being passenger in a stolen car and charged as an adult. 2 years later I got posession of marijuana charges here in arizona. For the last 4 years I have been in no trouble. What my question is.

Can I ever own a firearm for home protection? I don't need to carry it anywhere but my home. With all these home invasions and stuff going on I want to feel safe. I work at home and barely leave the house anyway. Please tell me what I would have to do to own a gun? I would like to sleep wth it, I am a very paranoid person and have things of value.

observer53 · 07-11-2009, 06:54 AM

As to the first conviction, what you can do is governed by the law in whatever state that happened in. Here in AZ, you can petition to have your gun rights (and civil rights) restored, and you may be able to do that in the state where you were convicted. You don't say if the possession conviction here was a felony. If so, yes, you can petition the court here (in the county where the conviction took place) to have your civil and gun rights restored (and to have the conviction set aside).

arizonaquest · 07-11-2009, 03:31 PM

Yes they were both in Arizona and I did plea agreements for both of them and was put on probation and completed the first one but am still on the second one. I was told by my attorney for the firist case because of the plea if I ever applied for a job and it said have I been convicted of a felony I would put no. (not sure why?)

How long would I have to wait to petition?

observer53 · 07-11-2009, 04:24 PM

I don't know why your attorney said you could put "no" because of the plea, except that some lower class felonies can be redesignated as misdemeanors, perhaps that is what happened.

If the second charge was a felony, and you are still on probation for that, you have to wait until all the conditions of probation are met and you are discharged from probation. Then, I believe the statute says you have to wait two years from that date to get gun rights back, although I have seen that provision ignored in one case. Other civil rights and the setting aside of the conviction don't have to wait two years. Getting the judgment of guilt doesn't mean that you don't have to disclose it, but you can add (set aside) to any disclosure.

Go online to find the Arizona statutes. Read 13-907 and the statutes following that, one of those is the gun rights statute. When you apply, you will need the specific information regarding the dates of the convictions, the specific charges, and the date of discharge from probation. There's a form on the Superior Court website, in their self service center, that you can fill out when the time comes.

Head coach · 07-11-2009, 07:40 PM

Quote:

Originally Posted by arizonaquest

Hello, I am new to this forum. Found it in a search. anyway..

I was 17 when I was convicted for being passenger in a stolen car and charged as an adult. 2 years later I got posession of marijuana charges here in arizona. For the last 4 years I have been in no trouble. What my question is.

Can I ever own a firearm for home protection? I don't need to carry it anywhere but my home. With all these home invasions and stuff going on I want to feel safe. I work at home and barely leave the house anyway. Please tell me what I would have to do to own a gun? I would like to sleep wth it, I am a very paranoid person and have things of value.

Well, don't hold me to this, but I am think that there is somewhere in the law that states that if you are a felon, you lose a couple of civil right.

The right to bear arms and the right to vote!

But check that one to make sure.

JetSet · 07-11-2009, 07:52 PM

While I would never begrudge anyone the occasional toke....... I hope that if your gun rights are restored that you'd never have to use a firearm for self-defense while buzzed. For the use of deadly force to be justifiable you'd want to make sure you had all your wits about you.

observer53 · 07-11-2009, 08:26 PM

Quote:

Originally Posted by Head coach

Well, don't hold me to this, but I am think that there is somewhere in the law that states that if you are a felon, you lose a couple of civil right.

The right to bear arms and the right to vote!

But check that one to make sure.

Yes, you do lose them. But, what I'm explaining to him is the way, by statute, to get them back. I recently helped someone get this done, so I know a bit about how it works. Not ALL felons are eligible, but many, if not most, are.

Head coach · 07-11-2009, 08:41 PM

Quote:

Originally Posted by observer53

Yes, you do lose them. But, what I'm explaining to him is the way, by statute, to get them back. I recently helped someone get this done, so I know a bit about how it works. Not ALL felons are eligible, but many, if not most, are.

Well, not to be a tool...but why? My civil rights are important to me. This is why I do not go around breaking them or placing them at risk. Plus, I'm not into the idea of being passed around like some "Boy Toy" sex slave. I think that this would be a deterent enough!

So here we have a felon asking how he can get a gun. The next thing you know, the individual that he shoots, that family will be looking at this thread to figure out which nut case gave him the big idea on how to get this gun back and YOU will be paying for the lose of that families individual.

Yeah, yeah, yeah...I know this will never happen. I bet you that is exactly what the doctors that gave Michael Jackson the drugs.

Oh, but wait, that was different, it was just drugs...not a gun! Oh yeah, why don't you ask the Jackson family!

You think any of those doctors and going to do some time?

Here's what I recommend for you. Tell him to just contact the lawyer and drop it. I would sure hate to see City-Data.com go through a huge law suit.

OurNextAdventure · 07-11-2009, 08:59 PM

Yes, but not legally. It is easy to get hold of a firearm, just don't get caught with it. Also, if you do happen to use that firearm for home protection, you are screwed either way.

observer53 · 07-11-2009, 09:34 PM

Quote:

Originally Posted by Head coach

Well, not to be a tool...but why? My civil rights are important to me. This is why I do not go around breaking them or placing them at risk. Plus, I'm not into the idea of being passed around like some "Boy Toy" sex slave. I think that this would be a deterent enough!

So here we have a felon asking how he can get a gun. The next thing you know, the individual that he shoots, that family will be looking at this thread to figure out which nut case gave him the big idea on how to get this gun back and YOU will be paying for the lose of that families individual.

Yeah, yeah, yeah...I know this will never happen. I bet you that is exactly what the doctors that gave Michael Jackson the drugs.

Oh, but wait, that was different, it was just drugs...not a gun! Oh yeah, why don't you ask the Jackson family!

You think any of those doctors and going to do some time?

Here's what I recommend for you. Tell him to just contact the lawyer and drop it. I would sure hate to see City-Data.com go through a huge law suit.

Lawsuit against City-Data for advice given here? Excuse me, but what are you talking about? (never mind the ranting about Michael Jackson) And, it's not the first time this question has been raised here, either.

Violent felons aren't eligible for reinstatement of civil rights or gun rights. If you spent time looking at the statutes, you'd be surprised to see some of the things that are classfiied as "felonies". There are legal reasons to possess and use firearms, including the one the OP describes. I don't have a problem with someone who is eligible and has completed all the terms of their probation asking for the return of their civil rights. The law PERMITS IT through the procedure described in the statutes to get a court order. There is a delay before applying for gun rights under the statutes.

This isn't something he needs a lawyer, or his former lawyer, for, though he certainly can go that route. I'm simply telling him to go read the statutes to find out what he will and won't be able to do, and when, and where to get the forms from the Court -- same place that anyone can get all sorts of legal forms. He could get that same advice any number of places, and there's nothing wrong with giving it.