Can Felons Own Guns in Arizona?
The question of whether felons can own guns in Arizona is a complex one, and the answer is not a simple yes or no. In this article, we will delve into the laws and regulations surrounding gun ownership for felons in Arizona, and provide a comprehensive overview of the rights and restrictions that apply.
The Short Answer:
No, felons cannot own guns in Arizona, with some limited exceptions.
The Longer Answer:
In Arizona, it is illegal for felons to possess, own, or purchase firearms. This is because Arizona has implemented the federal Gun Control Act of 1968, which prohibits felons from possessing firearms. The law defines a felon as an individual who has been convicted of a felony offense, and includes individuals who have been convicted of a crime punishable by more than one year in prison.
Federal Laws:
The federal Gun Control Act of 1968 prohibits felons from possessing firearms, and includes the following provisions:
- 18 U.S.C. § 922(g): Prohibits felons from possessing or receiving firearms.
- 18 U.S.C. § 924(e): Prohibits felons from possessing or receiving firearms that are used in connection with a crime of violence or a drug trafficking offense.
Arizona State Laws:
Arizona state law also prohibits felons from possessing or owning firearms. The law states that:
- A.R.S. § 13-3104: Prohibits individuals who have been convicted of a felony from possessing or owning firearms.
- A.R.S. § 13-3105: Prohibits individuals who have been convicted of a felony from receiving or purchasing firearms.
Exceptions:
While felons are generally prohibited from owning or possessing firearms, there are some exceptions to the rule:
- Pardons and Expungements: If a felon has received a pardon or expungement for their felony conviction, they may be able to own or possess firearms.
- Restorative Justice Programs: Some restorative justice programs, such as those that involve community service or rehabilitation, may allow felons to possess firearms as part of the program.
- Mental Health Issues: Individuals who have been convicted of a felony and have a mental health issue that has been treated or stabilized may be able to own or possess firearms.
Penalties for Violating Gun Laws:
If a felon is found to be in possession of a firearm in violation of federal or state law, they may face serious penalties, including:
- Fines: Up to $250,000 in fines.
- Imprisonment: Up to 10 years in prison.
- Loss of Gun Rights: Felons who violate gun laws may lose their right to own or possess firearms for life.
Conclusion:
In summary, felons are generally prohibited from owning or possessing firearms in Arizona, both under federal and state law. While there are some exceptions to the rule, these exceptions are limited and typically require a pardon or expungement, participation in a restorative justice program, or a determination that the individual is no longer a risk to public safety. If you are a felon in Arizona and are considering owning or possessing a firearm, it is important to consult with an attorney to determine whether you are eligible to do so.