Can You Own a Gun With a Domestic Violence Charge in Arizona?
One of the most common questions people ask after being arrested for a domestic violence offense is:
"Can I still own a gun?"
The answer is not as simple as yes or no. Whether you can legally possess or purchase a firearm depends on several important factors, including:
Whether you have merely been charged or have been convicted
The specific offense you are accused of committing
Whether the offense is a misdemeanor or felony
Whether there is an active Order of Protection or other qualifying protective order
Whether federal firearm laws apply
Whether your civil rights have been restored after a conviction
Many people are surprised to learn that federal law, not Arizona law, is often what causes the loss of firearm rights in domestic violence cases.
If you have been arrested for a domestic violence offense in Arizona, understanding these laws is critical before possessing or purchasing a firearm.
At Millar Law, we defend clients throughout Arizona charged with domestic violence offenses and advise clients regarding the potential impact a criminal case may have on their constitutional rights, including firearm rights.
Quick Answer
Being charged with a domestic violence offense does not automatically prohibit you from owning or possessing a firearm.
However, firearm restrictions may apply if:
You are subject to a qualifying protective order that prohibits firearm possession under federal law.
You are convicted of a qualifying misdemeanor crime of domestic violence under federal law.
You are convicted of a felony and your firearm rights have not been restored.
Another federal or Arizona firearm restriction applies.
Because both Arizona and federal law may apply simultaneously, firearm rights can become complicated very quickly.
Understanding Arizona Domestic Violence Laws
One of the biggest misconceptions is that there is a crime called "Domestic Violence."
There is not.
Instead, Arizona's domestic violence statute (A.R.S. § 13-3601) identifies certain criminal offenses that become domestic violence offenses when they occur between people who have a qualifying domestic relationship.
Examples include:
Assault
Disorderly conduct
Criminal damage
Threatening or intimidating
Unlawful imprisonment
Endangerment
Harassment
Criminal trespass
Interference with judicial proceedings
Other offenses listed in A.R.S. § 13-3601
The domestic relationship may involve:
Current or former spouses
Individuals who live together or previously lived together
Parents of the same child
Persons related by blood or marriage
Current or former romantic partners in certain circumstances
Other relationships identified by Arizona law
The "domestic violence" designation is not a separate offense—it is a legal designation attached to an underlying criminal charge.
Does Being Charged Mean You Lose Your Gun Rights?
Generally, no.
Merely being arrested or charged with a domestic violence offense does not automatically create a firearm prohibition.
However, there are important exceptions.
For example, if the court issues a qualifying protective order that satisfies federal law, you may become prohibited from possessing firearms while that order remains in effect.
Additionally, release conditions in a pending criminal case may restrict firearm possession depending on the facts of the case and the court's orders.
Because every case is different, you should carefully review any court orders and consult an attorney before possessing a firearm.
Orders of Protection Can Affect Firearm Rights
Many domestic violence cases involve an Order of Protection.
Arizona courts may issue an Order of Protection to prohibit contact with an alleged victim.
In some circumstances, a qualifying protective order can also trigger a federal firearm prohibition under 18 U.S.C. § 922(g)(8).
Generally speaking, the federal prohibition applies only if the order satisfies specific statutory requirements, including due process protections and certain findings or prohibitions described in the federal statute. Not every protective order automatically results in a firearm prohibition.
If the prohibition applies, possessing a firearm while the order is in effect can constitute a criminal offense.
What Happens If You Are Convicted?
The answer depends on the conviction.
Misdemeanor Domestic Violence Convictions
Federal law prohibits firearm possession by individuals convicted of a misdemeanor crime of domestic violence.
This prohibition arises under 18 U.S.C. § 922(g)(9).
Importantly, the federal definition does not depend solely on whether Arizona labels the offense as "domestic violence."
Instead, federal law examines whether the conviction meets the statutory definition of a misdemeanor crime of domestic violence, including the required domestic relationship and the use or attempted use of physical force (or the threatened use of a deadly weapon) as interpreted by federal courts.
Examples of Arizona convictions that may trigger the federal prohibition include certain convictions for:
Assault involving physical injury or offensive touching, depending on the statutory subsection and applicable federal case law
Certain domestic violence offenses involving the use or attempted use of force
Whether a particular Arizona conviction qualifies requires careful legal analysis.
Felony Convictions
If you are convicted of a felony, both Arizona and federal law may affect your firearm rights.
Generally:
Federal law prohibits firearm possession by convicted felons unless civil rights have been restored in a manner recognized under federal law and no firearm restriction remains.
Arizona law generally prohibits possession by a "prohibited possessor," which includes many individuals convicted of felonies whose rights have not been restored.
Restoring civil rights under Arizona law does not automatically eliminate every federal firearm restriction. The interaction between state restoration procedures and federal law can be complex.
What Is the Federal "Lautenberg Amendment"?
Many people hear attorneys refer to the Lautenberg Amendment.
This refers to the federal law enacted in 1996 that created the firearm prohibition for persons convicted of qualifying misdemeanor crimes of domestic violence.
Unlike many other firearm restrictions, the Lautenberg Amendment applies even when:
The conviction is a misdemeanor rather than a felony.
The offense did not result in jail or prison.
The conviction occurred many years ago.
As a result, what may seem like a relatively minor misdemeanor conviction can have significant long-term consequences for firearm ownership.
Can You Buy a Gun After a Domestic Violence Conviction?
If federal law prohibits you from possessing firearms, you also cannot lawfully purchase one from a licensed firearms dealer.
When purchasing a firearm from a federally licensed dealer (FFL), buyers must complete ATF Form 4473, which requires truthful answers regarding disqualifying criminal history and protective orders.
Providing false information on the form can expose a person to additional criminal charges.
Can Domestic Violence Charges Affect a Concealed Weapons Permit?
Potentially.
Arizona generally does not require a permit for lawful concealed carry by eligible adults, but the state still issues Concealed Weapons Permits (CWPs).
A domestic violence conviction, a qualifying protective order, or another firearm disability may affect eligibility for obtaining or maintaining a permit.
Can Firearm Rights Ever Be Restored?
Sometimes.
Whether firearm rights can be restored depends on several factors, including:
Whether the conviction was a misdemeanor or felony
Whether the conviction qualifies as a misdemeanor crime of domestic violence under federal law
Whether civil rights have been restored
Whether the conviction has been vacated or otherwise eliminated for purposes of the applicable law
Whether state and federal firearm restrictions remain
This area of law is highly technical.
For many people, simply obtaining a set aside under Arizona law does not automatically restore federal firearm rights following a qualifying misdemeanor crime of domestic violence.
Likewise, restoration of rights following a felony conviction requires careful analysis of both Arizona and federal law.
What If the Domestic Violence Charge Is Dismissed?
If the criminal charges are dismissed and there is no qualifying conviction or other independent firearm prohibition, the criminal case itself generally will not create a firearm disability.
However, you should also consider whether:
A qualifying protective order remains in effect
Another disqualifying conviction exists
Another federal or Arizona firearm restriction applies
Common Domestic Violence Charges That May Raise Firearm Issues
Arizona prosecutors frequently file domestic violence allegations involving:
Assault
Disorderly conduct
Criminal damage
Threatening or intimidating
Harassment
Endangerment
Unlawful imprisonment
Criminal trespass
Whether any of these offenses affect firearm rights depends on the specific statutory subsection, the elements of the offense, the relationship between the parties, and federal law.
Why Hiring a Criminal Defense Attorney Matters
Many people focus only on avoiding jail. However, a domestic violence conviction can have consequences far beyond the criminal sentence, including:
Loss of firearm rights
Employment consequences
Professional licensing issues
Immigration consequences for some individuals
Housing difficulties
Future sentencing enhancements
Restrictions on certain constitutional rights
An experienced criminal defense attorney evaluates not only the immediate criminal case but also the long-term collateral consequences that may affect your future.
Frequently Asked Questions
Can I own a gun if I have only been charged with domestic violence in Arizona?
Generally, yes. A criminal charge alone does not automatically prohibit firearm possession. However, a qualifying protective order or specific court-imposed release conditions may restrict your ability to possess firearms.
Does every domestic violence conviction cause you to lose your gun rights?
No. The analysis depends on the specific conviction and whether it qualifies under applicable federal and Arizona law. However, many qualifying misdemeanor crimes of domestic violence under federal law can result in a firearm prohibition.
Can I possess a gun if an Order of Protection has been issued against me?
Possibly not. Certain qualifying protective orders trigger a federal prohibition on firearm possession while the order is in effect. Whether a particular order qualifies depends on the requirements of federal law.
Does a dismissed domestic violence case affect my firearm rights?
Generally, a dismissal by itself does not create a firearm prohibition. However, any separate protective order or other legal restriction must also be considered.
Can a felony domestic violence conviction affect my gun rights?
Yes. Felony convictions frequently result in both Arizona and federal firearm restrictions unless rights are restored in a manner recognized by the applicable law.
Contact an Experienced Arizona Domestic Violence Defense Attorney
If you have been arrested for a domestic violence offense, your case may affect much more than whether you receive probation or jail. Your firearm rights, professional licenses, employment opportunities, and future can all be impacted.
At Millar Law, we defend clients charged with domestic violence offenses throughout Arizona. We carefully evaluate the evidence, protect our clients' constitutional rights, and advise them regarding the potential collateral consequences of any plea or conviction, including its impact on firearm ownership.
If you have questions about a domestic violence case or how it may affect your firearm rights, contact Millar Law today to schedule a confidential consultation with an experienced Arizona criminal defense attorney: (602) 900-0545.
