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Can you own a gun in Arizona with misdemeanor domestic violence charges?
Wiki User
∙ 13y ago
Yes and no. Arizona law does not prevent any misdemeanants from owning firearms so long as the person is not on probation. Federal law prohibits people who have been convicted of any domestic violence misdemeanors from owning a firearm for life or until they have the conviction expunged. However, the police in Arizona don't really give a s--- about the federal gun laws and only enforce the state ones. So if you're prohibited by federal law but not state law and you manage to come by a gun through a private sale, you shouldn't have any problems unless you commit a violent crime with it, in which case they'll use the federal charges as add-ons in order to increase the punishment that they can give you.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoThe unfortunate answer is no, not currently. While you can petition the court to have the judgment "set aside," federal law (known as the Lautenberg Amendment passed in 1996) enforces a LIFETIME BAN in cases of domestic violence - unless the record is expunged or "set aside" and the state court grants restoration of firearm rights. But here's the problem: while the current laws in Arizona allow for the restoration of firearm rights to convicted felons, no such procedure exists to restore firearm rights for those convicted of misdemeanors. Because, in Arizona, a misdemeanor conviction does not result in losing one's right to bear arms. In other words, it is a catch 22. You'd be better off being convicted of felony domestic violence, at least in regard to having your right to carry a firearm restored. If I were you, I'd write your state representative and ask that the law be changed to allow for those convicted of a misdemeanor to petition the court for restoration of firearm rights, which really shouldn't be that difficult. The problem is, the words "domestic violence" invoke visions of wife beaters and child abusers - even though all it takes in Arizona to get charged with this crime is a simple, even non-violent argument with a relative, roommate or significant other. So combine the stereotypical image of a wife-beater trying to get their hands on a gun and people will tend to jump to conclusions.
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What is consider a domestic violence?
Domestic violence misdemeanor charges can also have drastic effects, such as: Loss of or change in custody/visitation rights, Decreased ability to obtain employment or housing (many employers and housing authorities require disclosure of domestic violence misdemeanor charges.
What are the domestic violence charges in The US?
Domestic violence misdemeanor charges can also have drastic effects, such as: Loss of or change in custody/visitation rights, Decreased ability to obtain employment or housing (many employers and housing authorities require disclosure of domestic violence misdemeanor charges.
Can you own a gun in Utah if you have misdemeanor domestic violence charges?
Not in Utah, nor anywhere else in the US.
Can someone with a misdemeanor of 1 have a handgun?
Depends on the exact nature of the crime. Domestic violence automatically disqualifies you, as will certain drug charges.
How much jail time for domestic violence m4?
An M4 (Misdemeanor 4th Degree) is a low class misdemeanor. Generally the maximum time you can serve in jail is 30 days and a $200 fine or both. However, this depends on the state and municipality in which Domestic Violence charges are being brought.
How can you get felony domestic violence charges dismissed without prejudice?
Domestic Violence is one of the charges that cannot be expunged from your record.
What charges prevent gun ownership in PA?
Certain misdemeanor drug related charges, any felony charges, and domestic violence charges, whether misdemeanor or felony charges. This is accordance with federal law. On the matter of felonies, if the charges were only state-level felonies, and not federal felonies, it may be possible to file for relief of disability so that you can have your firearms rights restored.
IS THERE A statute of limitations on domestic violence in Arizona?
In Arizona it will depend on the specific charges filed. If it is a felony it will be seven years, otherwise one.
Is breaking a cell phone in a domestic dispute a felony?
Depending on what state you are in it can be considered a Felony. You took personal property and broke it. 415 or Domestic Violence is all up to the DA and the State to make the charges. But if your only charge is 415 then it will be a misdemeanor.
Does being arrested for family violence prevent you from buying a firearm?
An arrest if no charges are filed may not prevent you from buying a firearm. You cannot buy a gun after a plea of guilt or finding of guilt for a domestic violence related offense even if just a misdemeanor.
What are the statute of limitations for filing a charge of domestic violence in Idaho?
The statute of limitations in Idaho for the state filing domestic battery charges depends on if it's a misdemeanor charge or felony charge. For a misdemeanor charge, it's one year. For a felony charge, it's five years.
If arrested on domestic violence charges but plead to non domestic violence charges after a negotiation can the arrest record be sealed later?
Not sure I lfully understand what you are asking - however I will say this - In most(all?) states Domestic Violence offenses are the exception to being expunged or pardoned. They will always remain on your record.
