Do Prior Felonies Or Protective Orders Affect Gun Charges In Arizona?

When you’re facing gun charges in Arizona, your criminal history and any protective orders against you can significantly impact your case. Yes, prior felony convictions and active protective orders create additional legal complications that can elevate gun possession from a lawful right to a serious criminal offense. 

Understanding how these factors interact with Arizona’s gun laws is essential for anyone navigating weapons charges. If you’re dealing with gun-related charges and have prior convictions or protective orders, speaking with a Phoenix violent crimes defense lawyer can help you understand your rights and options.

The state takes gun crimes seriously, particularly when the person charged has a history of violence or is subject to court orders designed to protect others. These cases require careful legal analysis and a diligent defense strategy.

How Prior Felony Convictions Affect Gun Rights in Arizona

Under Arizona law, a person who has been convicted of a felony offense is generally prohibited from knowingly possessing or carrying a firearm until their civil rights have been restored. This prohibition applies regardless of where the felony conviction occurred—whether in Arizona, another state, or federal court.

The type of felony matters significantly. Violent felonies, drug trafficking offenses, and crimes involving weapons create the most serious restrictions.

If you’re convicted of being a prohibited possessor, you face a Class 4 felony charge, which carries potential prison time ranging from one to three years for a first offense, with enhanced penalties for repeat offenses.

Restoration of gun rights is possible in Arizona, but it’s not automatic. After completing your sentence, including probation and parole, you must apply to have your civil rights restored after a waiting period.

Until your rights are officially restored through the proper legal channels, possessing a firearm remains illegal and can result in new criminal charges.

Protective Orders and Firearm Possession Restrictions

Protective orders—whether domestic violence orders of protection, injunctions against harassment, or emergency orders—create immediate and serious restrictions on firearm possession. Under both Arizona state law and federal law, individuals subject to qualifying protective orders are prohibited from possessing firearms while the order remains in effect.

When a court issues an order of protection involving domestic violence, the order typically includes provisions requiring the defendant to surrender any firearms in their possession.

The court will specify how and when firearms must be relinquished, often to law enforcement or a third party. Failure to comply with this surrender requirement is a separate criminal offense.

Federal Protective Orders

Federal law adds another layer of restrictions that prohibit firearm possession by anyone subject to a qualifying restraining order. For a protective order to trigger this federal prohibition, it must meet specific criteria:

• The order was issued after a hearing where you received actual notice and had an opportunity to participate
• The order restrains you from harassing, stalking, or threatening an intimate partner or their child
• The order includes a finding that you represent a credible threat of physical violence, or it explicitly prohibits the use of physical force.

These restrictions mean that if you’re served with a protective order and continue to possess firearms, you could face both state and federal weapons charges. The consequences include felony prosecution, prison time, and permanent loss of gun rights.

Penalties for Gun Possession with Prior Convictions or Protective Orders in Arizona

The penalties for illegally possessing a firearm when you’re a prohibited possessor depend on several factors, including your criminal history, the circumstances of possession, and whether state or federal prosecutors handle your case. Arizona takes these violations seriously, and the consequences reflect that stance.

As a Class 4 felony in Arizona, prohibited possessor charges carry presumptive sentences that increase with prior convictions. For a first-time offender with no prior felonies, the presumptive sentence is 2.5 years in prison, but aggravating factors or previous felonies can push this higher.

Federal charges add even more serious consequences. Under federal law, being a prohibited possessor can result in up to ten years in federal prison. If you have three or more prior violent felony or serious drug offense convictions, you could face fifteen years to life under the Armed Career Criminal Act.

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Defense Strategies for Gun Charges with Prior Convictions

Defending against gun charges when you have prior felonies or protective orders requires a thorough examination of every element of the prosecution’s case. One common defense involves challenging whether you actually possessed the firearm. 

Prosecutors must prove you had actual or constructive possession—meaning the weapon was either on your person or in an area under your control with your knowledge.

If the firearm was found in a shared space, vehicle, or residence, we can argue that someone else had possession or that you didn’t know the weapon was there. 

Another critical defense examines whether you were legally allowed to possess firearms at the time of the alleged offense. This might involve:

• Demonstrating that your civil rights had been restored before the possession occurred
• Showing the protective order didn’t meet federal criteria for firearm prohibition
• Proving the protective order had expired or been modified to allow possession
• Establishing the prior conviction was later set aside or vacated
• Challenging out-of-state convictions that don’t qualify as predicate offenses under Arizona law

Constitutional challenges also play a major role in these defenses. If law enforcement discovered the firearm through an illegal search or seizure, a lawyer can file motions to suppress the evidence. Without the firearm as evidence, the prosecution’s case often collapses. 

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When Past Mistakes Threaten Your Future

Prior felonies and protective orders create serious legal obstacles for anyone facing gun charges in Arizona. The law doesn’t give much room for error—possession by a prohibited person is a strict liability offense in many respects, meaning the prosecution doesn’t need to prove you intended to break the law. 

However, having prior convictions or protective orders doesn’t mean you’re without defenses. Every case has unique facts, and experienced legal representation can make the difference between conviction and dismissal.

If you‘re facing gun charges in Arizona and have prior felonies or protective orders, contact Suzuki Law Offices today.

We offer the experience, resources, and dedication necessary to fight for the best possible outcome in your case. Don’t wait until it’s too late to build your defense—reach out now and let us put our 30 years of experience to work protecting your rights and your future.

Call or text (602) 682-5270 or complete a Free Case Evaluation form