| Key Takeaways • A set aside of conviction in Arizona does not automatically restore firearm rights — additional steps are required. • Arizona provides both automatic and petition-based pathways to firearm rights restoration depending on the offense. • Federal firearms law creates an independent layer that must be addressed even after Arizona restores state rights. • 2026 court developments have clarified and in some cases expanded access to the rights restoration process. • Knochel Law Firm handles firearm rights restoration across the full Tri-State area. |
For many people in the Tri-State area, a past criminal conviction is exactly that — the past. Years of responsible living, stable employment, family commitment, and community participation have followed what may have been a single poor decision or a difficult period in life. Yet the loss of firearm rights can remain a daily reminder of that past, affecting hunting, recreation, personal safety, certain employment opportunities, and the simple sense of having fully reclaimed one’s life.
In 2026, the legal landscape for firearm rights restoration in Arizona has continued to evolve, with court decisions clarifying the rights restoration process and, in some cases, expanding access to restoration for individuals who might previously have been told their situation was hopeless. If you are looking for an Arizona rights restoration lawyer or need to understand the set aside conviction process and its relationship to firearms rights in Mohave County, Knochel Law Firm is ready to provide the experienced, confidential guidance you need.
The Problem: Widespread Confusion About What Rights Restoration Actually Requires
The single most common misunderstanding in this area of law is the belief that having a conviction ‘expunged,’ ‘sealed,’ or ‘set aside’ automatically restores firearm rights. In Arizona, this is not correct — and acting on that misunderstanding by purchasing or possessing a firearm before completing the full rights restoration process can result in new felony charges under both state and federal law.
Arizona does not have a true expungement process in the traditional sense. The primary tool available for addressing past convictions in Arizona is the set aside — authorized under ARS 13-907 — which allows the court to dismiss the charges and release the convicted person from all penalties and disabilities resulting from the conviction. A set aside is meaningful, and it serves important purposes for employment, licensing, and other civil consequences. But it does not automatically restore the right to possess firearms, and for many offense categories, it does not address firearm rights at all.
The confusion is compounded by the interplay between Arizona state law and federal firearms law. Even if an individual successfully completes the Arizona civil rights restoration process and has their state firearm rights restored, federal law under 18 U.S.C. 922(g) may independently prohibit them from possessing firearms. This is particularly true for individuals with federal convictions, for individuals convicted of felonies in states other than Arizona, and for individuals convicted of certain domestic violence offenses — which are treated differently from other misdemeanors under federal law.
The consequences of getting this wrong are severe. Knowingly possessing a firearm while prohibited is a federal felony carrying a mandatory minimum sentence. This is an area where the stakes demand professional legal guidance — not internet research, not friends’ advice, and not assumptions based on what worked for someone else.
The Legal Landscape: Arizona Firearm Rights Restoration in 2026
The Set Aside Process — ARS 13-907
A set aside under ARS 13-907 is available to most individuals who have completed their sentence, including any term of probation, and who meet the eligibility requirements. The set aside allows the court to dismiss the charges, releasing the person from penalties and disabilities. However, there are explicit exclusions — convictions involving serious physical injury, the use of a deadly weapon, sexual offenses against a minor, and certain other categories are not eligible for set aside.
For firearm rights specifically, a set aside alone is generally not sufficient. The set aside may relieve certain civil disabilities, but firearm rights require a separate analysis and, in most cases, a separate legal proceeding.
Civil Rights Restoration — ARS 13-912 and 13-905
Arizona law provides a pathway for restoring civil rights — including the right to possess firearms — through the civil rights restoration process. The pathway depends on the classification and nature of the original offense.
Class 6 felonies: A Class 6 felony is the least severe category of felony in Arizona. Under ARS 13-912, a person convicted of a Class 6 felony who has completed their sentence and any probation period may have their civil rights — including firearm rights — restored automatically, provided that no other conviction triggers the prohibition. However, even when rights have been restored automatically under state law, the federal law analysis must still be conducted.
Class 5 through Class 1 felonies: For higher-level felony convictions, civil rights restoration requires a petition to the court. The petition must be filed in the court of conviction, must demonstrate that the petitioner has completed their sentence including any probation, and must set forth the grounds for restoration. The court will consider the nature of the offense, the petitioner’s conduct since the conviction, and other relevant factors before granting or denying the petition.
Domestic violence convictions: Federal law under 18 U.S.C. 922(g)(9) prohibits firearm possession by any person convicted of a misdemeanor crime of domestic violence — regardless of whether Arizona has restored their civil rights. This is one of the most important distinctions in the entire field of rights restoration: Arizona’s restoration process may not be sufficient to remove the federal firearms disability for domestic violence misdemeanor convictions.
2026 Court Developments
The United States Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen established a new constitutional test for firearms regulations, requiring that any regulation of firearms be consistent with the nation’s historical tradition of firearm regulation. Federal courts have been applying this test in the years since, and the results have continued to develop through 2025 and 2026.
In Arizona, state and federal courts have seen a series of challenges to the scope of firearms prohibitions, the procedures for rights restoration, and the application of federal law to state-restored rights. Several decisions have clarified procedural requirements for rights restoration petitions in Mohave County and other Arizona jurisdictions. An Arizona rights restoration lawyer who is current on these developments can assess how they apply to your specific situation and identify opportunities that may not have been available in prior years.
The Federal Law Question: A Critical and Often Overlooked Analysis
Even after successfully completing the Arizona civil rights restoration process, the federal law analysis is mandatory and cannot be skipped. Federal law — specifically 18 U.S.C. 922 — creates several independent categories of firearms prohibition. The most relevant for rights restoration purposes include: persons convicted of any felony punishable by more than one year of imprisonment; persons convicted of misdemeanor crimes of domestic violence; persons subject to certain domestic violence protective orders; persons who have been adjudicated as mental defectives or committed to a mental institution; and persons who are unlawful users of controlled substances.
The interaction between state rights restoration and federal firearms prohibition is complex. In general, under federal law (18 U.S.C. 921(a)(20)), a prior felony conviction is not a federal firearms disability if the conviction has been expunged, set aside, or pardoned, or if the person has had their civil rights restored — unless the pardon, expungement, set aside, or restoration of civil rights expressly provides that the person may not possess firearms.
This means that a proper Arizona civil rights restoration that does not contain a firearms prohibition provision may satisfy the federal law exception — but this analysis must be done carefully and individually, with attention to the specific language of the restoration order and the nature of the original offense. An experienced Arizona rights restoration lawyer will conduct this federal law analysis as part of the restoration process.
Key Steps: Pursuing Firearm Rights Restoration in Arizona
37. Obtain a complete criminal history: Request your full criminal history from the Arizona Department of Public Safety, the FBI, and any relevant out-of-state repositories. The rights restoration analysis depends on a complete and accurate picture of your criminal record.
38. Determine your eligibility and identify the appropriate pathway: Based on your criminal history, an attorney can determine whether you are eligible for rights restoration, which pathway applies (automatic restoration, set aside, civil rights restoration petition, or some combination), and what the process will look like for your specific situation.
39. Address the federal law question proactively: Before filing any state court petition, have an attorney analyze your situation under federal law to determine whether federal firearms restrictions will remain even after state restoration. This analysis may affect both the strategy and the timing of the restoration process.
40. File for a set aside if appropriate: For many individuals, pursuing a set aside under ARS 13-907 as a first step is strategically advantageous — both for its own benefits and as a foundation for the civil rights restoration petition.
41. File the civil rights restoration petition: The petition must be filed with the court of conviction, must meet specific procedural requirements, and must present a compelling case for restoration based on the petitioner’s conduct since the conviction. Your attorney will draft and file the petition and represent you at any required hearing.
42. Obtain and review the restoration order carefully: The restoration order must be reviewed by an attorney to confirm that it does not contain a firearms prohibition and that it satisfies the federal law exception where applicable.
43. Purchase firearms through a licensed dealer after verification: Even after rights have been restored, purchasing firearms through a federally licensed dealer — and passing the federal background check — provides documentation of your legal status and ensures compliance with both state and federal law.
Why a Tri-State Approach Matters for Rights Restoration
Many residents of the Bullhead City area have criminal histories that span multiple states — a conviction in Nevada, a probation violation in California, a DUI in Arizona. Each of these convictions must be analyzed individually and in combination to understand the full scope of any firearms disability. The rights restoration process in Arizona is only one piece of the puzzle for individuals with multi-state criminal histories.
Knochel Law Firm’s attorneys are licensed in Arizona, Nevada, and California. We can analyze how out-of-state convictions are treated under Arizona law, whether out-of-state rights restoration has any effect on Arizona firearms rights, and how to build a comprehensive strategy that addresses the full scope of your situation. If you are looking for a Mohave County criminal defense attorney with expertise in the rights restoration process, Knochel Law Firm is the right call.
| Ready to Speak With a Knochel Law Attorney?A past conviction does not have to define your relationship with your Second Amendment rights forever. If you believe you may be eligible for firearm rights restoration in Arizona, contact Knochel Law Firm today for a confidential consultation. Our attorneys will provide an honest assessment of your options and guide you through every step of the process. Visit: https://lawyersinarizona.com/ Call today for a confidential, no-obligation consultation. |
