Arizona Laws 13-925. Restoration of right to possess a firearm; mentally ill persons; petition
A. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code § 922(d)(4) or (g)(4) to restore the person’s right to possess a firearm.
Terms Used In Arizona Laws 13-925
- Act: means a bodily movement. See Arizona Laws 13-105
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. The person or the person’s guardian or attorney may file the petition. The petition shall be served on the attorney for the state who appeared in the underlying case.
C. On the filing of the petition the court shall set a hearing. At the hearing, the person shall present psychological or psychiatric evidence in support of the petition. The state shall provide the court with the person’s criminal history records, if any. The court shall receive evidence on and consider the following before granting or denying the petition:
1. The circumstances that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code § 922(d)(4) or (g)(4).
2. The person’s record, including the person’s mental health record and criminal history record, if any.
3. The person’s reputation based on character witness statements, testimony or other character evidence.
4. Whether the person is a danger to self or others or has persistent, acute or grave disabilities or whether the circumstances that led to the original order, adjudication or finding remain in effect.
5. Any change in the person’s condition or circumstances that is relevant to the relief sought.
6. Any other evidence deemed admissible by the court.
D. The petitioner shall prove by clear and convincing evidence both of the following:
1. The petitioner is not likely to act in a manner that is dangerous to public safety.
2. Granting the requested relief is not contrary to the public interest.
E. At the conclusion of the hearing, the court shall issue findings of fact and conclusions of law.
F. If the court grants the petition for relief, the original order, finding or adjudication is deemed not to have occurred for the purposes of applying section 13-3101, subsection A, paragraph 7, subdivision (a), Public Law 110-180, section 105(a) or 18 United States Code § 922(d)(4) or (g)(4) to that person.
G. The granting of a petition under this section only restores the person’s right to possess a firearm and does not apply to and has no effect on any other rights or benefits the person receives.
H. The court shall promptly notify the supreme court and the department of public safety of an order granting a petition under this section. As soon thereafter as practicable the supreme court and the department shall update, correct, modify or remove the person’s record in any database that the supreme court or the department maintains and makes available to the national instant criminal background check system consistent with the rules pertaining to the database. Within ten business days after receiving the notification from the court, the department shall notify the United States attorney general that the person no longer falls within the provisions of section 13-3101, subsection A, paragraph 7, subdivision (a) or 18 United States Code § 922(d)(4) or (g)(4).