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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23539
Experience:  14 years practicing criminal defense.
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As a convicted felon, can I own a black powder fire arm? I

Resolved Question:

As a convicted felon, can I own a black powder fire arm?
I live in Arizona and my charges were set aside.
I also had a domestic violence charge in 1988.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello,
.
When your charges were set aside, did you file a separate requests to restore your civil rights and gun right?
.
Was the domestic violence charge set aside as well?
.
.
Thanks
Barrister

Customer: replied 1 year ago.

No to the both of them. My attorney asked that my rights be restored and that my right to bear arms be restored. The judge restored my civil rights and told me to come back in two years to have my rights to bear arms restored. I called the same attorney and he said that it wouldn't happen. He basically blew me off and didn't a have the time. The domestic violence chargewas so long ago. I am just learning the process. I was given a form by the previous Attorney I talked to on just answer. Would this form, petition be used to set aside my domestic violence charge?

Expert:  Barrister replied 1 year ago.
Ok, if your firearms rights haven't been restored then you can't own a black powder rifle because it is considered a firearm under AZ law.
.
Under the definition of "firearm" it states:
.

4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.

.
So since a black powder rifle expels a projectile by an explosion, it is considered a firearm and is prohibited for a felon to possess one.
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You would have to file the petition to restore your gun rights in order to be able to possess one under state law. You would also have to file to have the domestic violence charge set aside because although it doesn't affect you from possessing a gun under AZ state law, under federal law it is prohibited if you have a domestic violence conviction.
.
I looked back at your questions and it was actually me that answered your question a couple months ago about restoring your gun rights... The link to the forms were just for that, not for setting aside a conviction.
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But this is a link to the form for Maricopa County so you can see what it looks like if you are in a different county. You should be able to contact the court clerk and get the same form for your county to use.
.
http://www.clerkofcourt.maricopa.gov/300.pdf
.

.

.

Thanks.

Barrister

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Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23539
Experience: 14 years practicing criminal defense.
Barrister and 12 other Criminal Law Specialists are ready to help you

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