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A DUI conviction has compounding consequences that often go beyond paying a fine and fulfilling a jail or prison sentence. Every day, people across the country face strained relationships, pay higher insurance rates, and lose their jobs and professional licenses due to having a DUI on their record. After a DUI conviction, the fallout will vary by state, but all states have laws that address who may or may not own a firearm.

Having a DUI on your record could potentially affect your right to purchase and own a gun in Arizona. Whether or not you lose your rights in that regard will depend on the classification and severity of your conviction.

How Does Federal Law Affect My Right To Own A Gun After A DUI Conviction?

If you are convicted of a felony DUI, federal law automatically mandates a restriction on your right to own or bear a firearm. The Gun Control Act of 1968 and subsequent amendments to 18 USC § 921 et seq. prohibit the possession of a weapon by someone convicted of a felony or anyone subject to a domestic abuse security order.

In other words, a person convicted of felony DUI will face a lifetime ban on possessing, owning, or buying a firearm in Arizona. In addition, any firearms already in possession of a convicted felon must be relinquished. A convicted felon who is caught possessing a gun in Arizona can be charged with a class 4 felony, a crime punishable by up to two and a half years in jail.

The federal laws pertaining to who may not own a gun label these individuals as “prohibited persons.” Specifically, the Bureau of Alcohol, Tobacco, Firearms And Explosives (ATF) defines a “prohibited person” as any person:

• Convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
• Who is a fugitive from justice.
• Who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 USC § 802.
• Who has been adjudicated as a mental defective or has been committed to any mental institution.
• Who is an illegal alien.
• Who has been discharged from the Armed Forces under dishonorable conditions.
• Who has renounced his or her United States citizenship.
• Who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner.
• Who has been convicted of a misdemeanor crime of domestic violence.

How Does Arizona State Law Help Determine Who Is A “Prohibited Possessor?”

Every state has laws that classify people prohibited from possessing, owning, or otherwise controlling firearms or ammunition as prohibited processors, and Arizona is no exception. Under Arizona Revised Statute ARS 13-3102, the following people are included in who may not possess a firearm:

• A person who has been convicted of a felony offense (including a felony DUI) and whose civil rights have not been restored.
• An individual who is currently on probation, parole, or under community supervision.
• Anyone who is currently on probation for felony domestic violence.
• A person who is found by the court to either be a danger to others or themselves.
• A person who is currently incarcerated at an Arizona detention or correctional facility serving a prison sentence.
• An individual who has been found incompetent and not subsequently found competent
• A person who has been found guilty except insane.

Can A Misdemeanor DUI Charge Threaten My Right To Own A Firearm In Arizona?

A misdemeanor DUI charge does not, in and of itself, take away your right to purchase and own a gun in Arizona. Only when there has been a prior conviction (or convictions) or the circumstances of the arrest elevate the charge to a felony that your rights may be challenged. If you are only facing a misdemeanor DUI charge and have never been convicted of a felony, you have little to worry about, and your rights should remain intact.

When Does A DUI In Arizona Become A Felony?

A first or second DUI offense in Arizona, barring any aggravating circumstances, are generally misdemeanor offenses. You can face felony DUI charges if:

• You have been convicted of three DUI charges within 84 months (7 years).
• You were convicted of a DUI while your driver’s license was revoked, suspended, or canceled.
• You were charged with a DUI while having a child under the age of 15 in your vehicle.
• You were required to have an Ignition Interlock Device installed in your vehicle and refused to submit to a chemical test.
• You seriously injured someone while driving under the influence of alcohol or drugs.
• You killed someone while driving under the influence of alcohol or drugs.

There are other circumstances in which a DUI is charged as a felony in Arizona, and it is the classification as a felony DUI that will affect your right to own a gun.

What if I have been previously convicted of a non-DUI felony offense?

Suppose you have been previously convicted on a felony offense. In that case, Arizona prohibits you from carrying, using, or possessing a firearm within ten years from the date of your adjudication, escape, or release from custody if you were previously adjudicated for arson, first- or second-degree burglary, or a “serious offense” as defined in Arizona Revised Statute 13-1706. You are also prohibited from owning a firearm if the felony offense you committed involved the threatening exhibition of a dangerous instrument or deadly weapon.

Similarly, juveniles who have been convicted of a charge that would classify as a misdemeanor offense if they were an adult can also lose their right to carry or possess a firearm. The courts would impose their loss of rights while they are under the jurisdiction of the juvenile court or the Arizona Department of Juvenile Corrections.

Can I Have My Right To Own A Firearm In Arizona Restored After A Felony Conviction?

Although many people mistakenly believe otherwise, it may be possible to have your right to own and carry a firearm restored in Arizona. Restoration is not guaranteed but knowing under what conditions this might occur and what the process is for restoration is critical. Your probation must be completed, and a required waiting period of between two and ten years is necessary. Still, after the waiting period is over, you may file a petition with the state of Arizona to have your rights restored.

For most felony convictions, you will have to only wait two years from the date you are discharged from prison before you can file a petition. For felony convictions involving more serious crimes, the waiting period is extended to ten years. A “serious crime” would include offenses such as aggravated assault, kidnapping, robbery, sexual assault, manslaughter, or first- or second-degree murder. “Dangerous” offenses, or a felony that involved a deadly weapon or inflicting serious physical injury to another person, are generally not eligible for restoration.

Petitioning to have your rights restored begins with a written request to the court. The court will determine if you are eligible for restoration based on your criminal history, history of violence, and the severity of the injuries you inflicted on past victims. They will also consider how you have performed under probation and the success of any past attempts at rehabilitation.