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How Can a Non Violent Felon Get His Gun Rights Back?

| Trevor R. Hill
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The Law Office of Trevor Hill is dedicated to assisting clients in getting gun rights restored following a non-violent felony conviction in Arizona. With a deep understanding of state and federal firearms laws, Trevor Hill and his team provide expert legal guidance to navigate the complex process of rights restoration. 

Our firm works closely with clients to evaluate their eligibility, prepare necessary documentation, and represent them in court proceedings, ensuring that each step is handled with precision and care. 

Through personalized support and strategic advocacy, the Law Office of Trevor Hill strives to help clients reclaim their Second Amendment rights and regain the ability to lawfully possess firearms.

The Impact of a Non-Violent Felony Conviction on Gun Rights

In Arizona, a non-violent felony conviction has implications for an individual’s gun rights. Under both state and federal law, a felony conviction generally results in the loss of the right to possess or own firearms. This restriction applies regardless of whether the felony was violent or non-violent. 

For many, this loss can be a substantial burden, affecting their ability to hunt, engage in shooting sports, or ensure personal protection. However, Arizona law does provide a pathway for individuals with non-violent felony convictions to petition for the restoration of their gun rights. This process involves meeting specific eligibility criteria, demonstrating rehabilitation, and obtaining court approval. 

Successfully navigating this legal avenue can restore an individual’s ability to exercise their Second Amendment civil rights, offering a renewed sense of freedom and security.

The Legal Process for Restoring Gun Rights in Arizona

Restoring gun rights in Arizona after a non-violent felony conviction involves several legal steps and can present various challenges. 

Eligibility Criteria

  • Completion of Sentence: The convicted felon must have completed all terms of their sentence, including probation, parole, or any other court-imposed conditions.
  • Waiting Period: Depending on the nature of the felony, there may be a mandatory waiting period. For non-violent felonies, Arizona law typically requires a two-year waiting period after completing all sentence terms before one can petition for the restoration of gun rights.
  • No Subsequent Convictions: The convicted felon must not have any subsequent felony convictions or ongoing criminal proceedings.

Filing the Petition

  • Preparation: The petitioner must gather documentation proving the completion of their sentence, including any certificates of discharge from probation or parole.
  • Petition Submission: The individual must file a petition for the restoration of gun rights with the superior court in the county where they were convicted. This petition should include all relevant documentation and a detailed explanation of why the restoration should be granted.
  • Legal Representation: While a convicted felon can file petitions on their own, having legal representation from a knowledgeable attorney, such as those at the Law Office of Trevor Hill, can improve the chances of success.

Court Review and Decision

  • Review Process: Once the petition is filed, the court will review the submitted documents and may schedule a hearing. During the hearing, the petitioner may need to present their case and demonstrate rehabilitation and good conduct.
  • Prosecutor’s Input: The prosecutor’s office may provide input on the petition, either supporting or opposing the restoration of rights based on the individual’s criminal history and behavior since the conviction.
  • Court Ruling: After considering all the information, the judge will make a decision. If the petition is granted, the individual’s gun rights will be restored. If denied, the petitioner may need to wait and address any issues before reapplying.

Potential Hurdles

  • Opposition from Prosecutors: The prosecutor’s office may oppose the petition, particularly if there are concerns about the individual’s behavior or if there are subsequent criminal charges.
  • Incomplete Documentation: Failing to provide complete and accurate documentation can delay the process or lead to a denial.
  • Judicial Discretion: The decision to restore gun rights is ultimately at the judge’s discretion, and they may deny the petition if they believe the individual has not demonstrated sufficient rehabilitation.

Timelines for Gun Rights Restoration

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The timeline for restoring gun rights can vary widely based on the complexity of the case and the court’s schedule. Generally, the process can take several months from the time of filing the petition to receiving a court decision. It’s essential to start the process well in advance and be prepared for potential delays.

By understanding the legal process and potential challenges, individuals can better navigate the path to restoring their gun rights in Arizona. Seeking assistance from experienced legal professionals, such as the team at the Law Office of Trevor Hill, can provide valuable guidance and increase the likelihood of a successful outcome.

Arizona Laws and How They Affect Getting Your Gun Rights Restored

Arizona has laws governing the restoration of gun rights for individuals who have been convicted of felonies. Understanding these laws is crucial for anyone seeking to regain their Second Amendment rights after a felony conviction.

Arizona Revised Statutes § 13-904(A)(5)

Under A.R.S. § 13-904(A)(5), a person who is convicted of a felony automatically loses the right to possess or own firearms. This statute outlines the civil rights that are suspended upon a felony conviction, which include the right to vote, hold public office, serve on a jury, and possess firearms.

A.R.S. § 13-904(A)(5) states: “A conviction for a felony suspends the following civil rights of the person sentenced: The right to possess a firearm.”

This suspension of gun rights remains in effect until the individual successfully petitions for the restoration of their rights. The process for restoring gun rights typically involves meeting specific eligibility criteria, filing a petition with the court, and obtaining a favorable court ruling.

How the Law Office of Trevor Hill Assists Clients With Getting Gun Rights Fully Restored

The Law Office of Trevor Hill plays a pivotal role in assisting clients with the restoration of their gun rights in Arizona. Understanding the complexities and nuances of state and federal government firearms laws, Trevor Hill and his team provide expert legal guidance to navigate this intricate process.

Comprehensive Evaluation

Any felony is a serious offense. The first step in the firearm rights restoration process is a thorough evaluation of the client’s eligibility. The Law Office of Trevor Hill meticulously reviews the client’s criminal history, ensuring that all terms of the sentence, including probation or parole, have been completed and no other crime has been committed in the meantime. A legal expert will also verify that the mandated waiting period has been observed and that there are no subsequent convictions or pending charges.

Personalized Legal Strategy

Once eligibility is confirmed, we develop a personalized legal strategy tailored to the client’s circumstances. This includes gathering necessary documentation, such as certificates of discharge from probation or parole, and preparing a compelling petition for submission to the court. We ensure that all paperwork is complete and accurately reflects the client’s rehabilitation and good conduct since the conviction.

Representation and Advocacy

Trevor Hill and his team provide robust representation throughout the court proceedings. We prepare clients for potential hearings, where they may need to present their case and respond to any questions from the judge. Our firm also advocates on behalf of clients, addressing any opposition from prosecutors and highlighting the client’s positive contributions and rehabilitation efforts.

Ongoing Support and Guidance

Beyond the legal proceedings, the Law Office of Trevor Hill offers ongoing support and guidance, helping clients understand their rights and responsibilities. Our firm’s dedication to client care and its proactive approach to defense make it a reliable ally in the journey to restore gun rights.

The Law Office of Trevor Hill helps clients navigate the legal complexities of gun rights restoration, aiming to secure a favorable outcome and restore their Second Amendment rights. Contact us today for your free case evaluation.

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