In Arizona, a felon generally cannot own a gun, but the state offers real paths to get that right back. First-time offenders convicted of non-serious, non-dangerous felonies have their firearm rights restored automatically once they finish their sentence and pay restitution. Anyone with multiple convictions can petition a court. People convicted of “serious” offenses must wait 10 years after absolute discharge before applying, and those convicted of “dangerous” offenses are permanently barred under state law. Federal law adds its own layer that has to be cleared separately.
What the Ban Actually Covers
Arizona law calls anyone convicted of a felony a “prohibited possessor” until their firearm rights are restored.1Arizona Legislature. Arizona Code 13-3101 – Definitions That status attaches whether the conviction came from an Arizona court, another state, or the federal system. Knowingly possessing or carrying a firearm while prohibited is itself a class 4 felony.2Arizona Legislature. Arizona Code 13-3102 – Misconduct Involving Weapons; Defenses; Classification; Definitions A new charge doesn’t just stack another conviction on your record; it also strips you of first-time offender status the next time you try to restore rights.
Federal law sits on top of state law. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than a year in prison is barred from possessing a firearm or ammunition anywhere in the country.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That threshold catches nearly every felony. Clearing the state ban without also clearing the federal ban still leaves you exposed to federal prosecution.
Automatic Restoration for First-Time Offenders
If you have a single felony conviction and it wasn’t classified as serious or dangerous, Arizona restores your firearm rights automatically. No application, no hearing. Restoration takes effect once you complete probation or receive absolute discharge from prison, provided you’ve paid all victim restitution the court ordered.4Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights The court clerk notifies the Department of Public Safety, which updates your criminal history.5Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights; Process
Out-of-state and federal convictions work a little differently. Even a qualifying first-time offender has to file an application in an Arizona superior court, but the statute requires the court to grant it without a hearing or a response from the state.4Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights It’s mandatory, not discretionary.
Restoration by Petition for Multiple Convictions
People with more than one felony conviction, none of them serious or dangerous, can apply for restoration once they’ve reached “final discharge” — completion of probation or absolute discharge on the most recent sentence.6Arizona Legislature. Arizona Code 13-908 – Restoration of Civil Rights; Application; Firearm Rights; Definition The same path applies to a first-time offender who still owes victim restitution and doesn’t yet qualify for automatic restoration.
This route is discretionary. The judge weighs your circumstances. The county attorney gets a copy of your application and can object. When the prosecution doesn’t object, some judges sign the order without a hearing. If a hearing is held, victims who requested post-conviction notification have the right to attend and speak.5Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights; Process
Serious Offenses and the 10-Year Wait
Arizona statute defines a specific set of crimes as “serious offenses,” including:7Arizona Legislature. Arizona Revised Statutes Title 13 Criminal Code 13-706
- First-degree and second-degree murder
- Manslaughter
- Aggravated assault involving serious physical injury or a deadly weapon
- Sexual assault
- Armed robbery
- Kidnapping
- First-degree burglary
- Arson of an occupied building
- Dangerous crimes against children, including child sex trafficking
- Sexual conduct with a minor under 15
If your conviction is on this list, you cannot file to restore firearm rights until 10 years after your absolute discharge from prison.8Arizona Legislature. Arizona Code 13-910 – Restoration of Right to Possess a Firearm The clock runs from the discharge date, not the conviction or sentencing date. Even after the full 10 years, restoration is not guaranteed. The judge decides. Automatic restoration doesn’t apply here, whether or not the offense was a first felony.4Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights
Dangerous Offenses Are a Permanent Bar
A “dangerous” designation attaches when a felony involves the use or threatened use of a deadly weapon or dangerous instrument. It’s a sentencing classification under ARS § 13-704 and can apply to many underlying crimes. The line between “serious” and “dangerous” matters: a serious conviction triggers a 10-year wait, but a dangerous conviction permanently bars you from even filing to restore firearm rights under Arizona law.8Arizona Legislature. Arizona Code 13-910 – Restoration of Right to Possess a Firearm No waiting period, no petition, no discretion.
One narrow exception exists. If a court sets aside your conviction under ARS § 13-905, firearm rights are restored as part of that process. Set-aside relief, though, is itself unavailable for dangerous offenses.9Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge In practice, a dangerous-offense conviction permanently ends your firearm rights under state law, absent a governor’s pardon.
Filing the Application
When your situation calls for an application, the process itself isn’t complicated. Arizona charges no filing fee for restoration applications — the statute prohibits the clerk from collecting one.6Arizona Legislature. Arizona Code 13-908 – Restoration of Civil Rights; Application; Firearm Rights; Definition You, your attorney, or your probation officer can file it.
You’ll need the following for each felony conviction:
- The case number assigned by the sentencing court
- Your conviction and sentencing dates
- Your discharge date, meaning completion of probation or absolute discharge from prison
- The specific superior court in the county of conviction
The Arizona Judicial Branch publishes a standardized form, the Application to Restore Civil Rights and Firearm Rights (Form AOCCR41FORM32A).10Arizona Judicial Branch. Criminal Law Forms Some counties use their own versions, so check your sentencing county’s court website. Forms are also available through AZCourtHelp.org.11AZ Court Help. Restoration of Civil Rights
File with the clerk of the superior court in the county where you were convicted. The clerk sends a copy to the county attorney or the attorney general.6Arizona Legislature. Arizona Code 13-908 – Restoration of Civil Rights; Application; Firearm Rights; Definition Then you wait. Maricopa County sends written notice of a decision within 120 days of filing.12Maricopa County Superior Court. Residents Previously Convicted of a Felony Must Apply for Restoration of Rights Before Voting Other counties vary. If your application is denied, the court must state its reasons in writing.5Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights; Process
Don’t Forget Federal Law
State restoration doesn’t automatically clear the federal ban, and this is where people run into trouble. Federal law bars firearm possession by anyone convicted of a crime punishable by more than one year in prison.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That reaches essentially every felony, state or federal.
Federal law does carve out an exception: a conviction doesn’t count for federal purposes if the state has restored the person’s civil rights, unless that restoration specifically restricts firearms. Arizona’s automatic restoration under ARS § 13-907 restores voting, jury service, and firearm possession together, which should satisfy the federal exception for first-time, non-serious, non-dangerous offenders. Discretionary restoration under ARS § 13-908 or § 13-910 works the same way when firearm rights are included in the order.
A separate federal rule applies to domestic violence. Federal law imposes a lifetime firearm ban on anyone convicted of a misdemeanor crime of domestic violence — a misdemeanor, not a felony.13Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence A no-contest plea or a sentence of probation is enough to trigger it. That federal ban can survive a state restoration if the underlying domestic violence conviction still stands. If domestic violence is anywhere on your record, resolving the state prohibition may not be the whole story.