Understanding Domestic Violence Misdemeanors and Gun Rights in Arizona

Mar 06 2025

A misdemeanor domestic violence conviction in Arizona can have life-altering consequences, especially for professionals who rely on owning a firearm for their career. Whether you’re a law enforcement officer, security professional, or work in a field where a firearm is necessary, understanding how a domestic violence conviction impacts your gun rights is crucial.

How a Misdemeanor Domestic Violence Conviction Can Impact Your Gun Rights in Arizona

In Arizona, as in the rest of the United States, a domestic violence misdemeanor conviction can trigger a federal firearm ban under the Lautenberg Amendment. This federal law prohibits individuals convicted of domestic violence offenses from purchasing, owning, or possessing firearms.

For professionals whose work depends on possessing a firearm—whether for self-defense, security duties, or law enforcement—this ban can jeopardize your career and livelihood. Even if you are facing a misdemeanor charge, the consequences are significant and long-lasting.

Why Does a Domestic Violence Conviction Lead to a Gun Rights Ban in Arizona?

The Lautenberg Amendment applies to any conviction involving domestic violence, regardless of whether it is classified as a misdemeanor or felony. Domestic violence convictions often include crimes like:

  • Battery or assault involving a spouse, partner, or family member
  • Threats or harassment directed at a domestic partner
  • Disorderly conduct in a domestic setting

Even if the conviction is for a misdemeanor domestic violence offense, the result is a permanent loss of your firearm rights under federal law. This can severely affect individuals who need to carry a firearm as part of their profession, whether it be for personal protection or job requirements.

Why Hiring an Experienced Criminal Defense Attorney at the Earliest Matters

While set aside procedures can help restore your gun rights, the best strategy is to avoid the conviction in the first place. Hiring an experienced criminal defense attorney early in the process is crucial for preventing a misdemeanor domestic violence conviction and its associated consequences.

An experienced attorney will work to beat the charges or negotiate favorable terms in your case, so you don’t have to deal with firearm restrictions down the road. Preventing a conviction eliminates the need for a set aside altogether and ensures your rights remain intact, without the lengthy and complex legal battle.

How Arizona Law Can Help Restore Your Gun Rights

In Arizona, a set aside of a misdemeanor conviction can restore your gun rights. A set aside is a legal process in which the court vacates your conviction, and it may be an option for those who have completed their sentence, including probation. However, this process is not automatic, and it’s essential to follow the legal steps correctly.

An experienced attorney can help you navigate this process, ensuring you meet all requirements and submit the necessary paperwork. It’s critical to understand that a set aside does not erase the conviction from your record but it removes the legal penalties, including the restriction on owning a firearm.

Protecting Your Career and Firearm Rights

For professionals who rely on their ability to own and carry a firearm, a domestic violence conviction can be devastating. It can jeopardize your career, limit job opportunities, and disrupt your personal life. Whether you are a law enforcement officer, private security guard, or anyone else whose job requires you to possess a firearm, it is essential to take immediate action if you are facing domestic violence charges.

Contact The Law Office of Joshua A. Lopez Today

If you are facing a misdemeanor domestic violence charge or need to restore your gun rights in Arizona, we can help. Our team are experienced in handling both criminal defense and the set aside process, and Attorney Joshua A. Lopez is committed to providing you with the legal representation you need to protect your rights and your future.

Don’t let a misdemeanor conviction for domestic violence cost you your career and your rights. If you are a professional who relies on a firearm, it’s essential to seek legal help as soon as possible to avoid the consequences of a conviction. Call us today for a free consultation, and let’s discuss your case.

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