People often assume a felony conviction automatically blocks firearm possession forever. Arizona law does not always work that way. For some first-time, non-dangerous, non-serious felony convictions, firearm rights can be automatically restored once probation ends, provided restitution is paid. A recent Arizona Court of Appeals decision, State v. Begay, confirms that the key date is the end of probation, not when the offense occurred or when sentencing occurred.
That detail matters in everyday life. Many prohibited possessor cases begin with a routine traffic stop, a call for service, or a search unrelated to the issue. If your rights are restored by operation of law, the legal status at the moment of possession becomes the center of the case.
Arizona Firearm Rights Restoration After Felony Probation
Arizona’s restoration statutes separate civil rights, record relief, and firearm possession. Arizona law Section 13-907 addresses automatic restoration for first offenders upon completion of probation or upon the expiration of a prison sentence, provided all victim restitution is paid. The statute includes important limits that keep it from applying to every felony.
Automatic restoration under A.R.S. Section 13-907 only applies to a narrow group. The person must have no prior felony conviction. The offense cannot fall into the categories excluded by the statute, including serious and dangerous offenses. Restitution must be paid in full if the court ordered it. The restoration event occurs on completion of probation or absolute discharge from imprisonment.
This framework creates a practical checkpoint. Two people with the same conviction date can have different outcomes if their probation end dates differ and the statute changed in the middle.
State v. Begay and Automatic Restoration Under A.R.S. 13-907
In State v. Begay, the State filed weapons misconduct charges against two people based on firearm possession after their felony convictions. Each had a single, non-dangerous felony and completed probation after the 2022 amendment to A.R.S. 13-907 took effect. The State argued the amendment should not apply because the underlying offenses and convictions predated the effective date.
The Court of Appeals rejected that argument. The court held that the statute’s plain language ties restoration to the completion of probation or to an absolute discharge, not to the date of the offense, conviction, or sentencing. Since both individuals completed probation after September 24, 2022, and owed no restitution, the statute restored their firearm rights upon probation’s end. The trial courts dismissed the prohibited possessor charges, and the Court of Appeals affirmed.
If you are facing a prohibited possessor allegation tied to a first felony, this decision highlights why probation dates, restitution status, and offense classification deserve careful review before anyone assumes you remain prohibited.
Prohibited Possessor Charges and Common Misunderstandings
Many people think a judge must sign a separate order restoring firearm rights. That still can be true in many situations. Begay focuses on the subset of cases in which the statute automatically restores rights.
Confusion often comes from paperwork. A person may complete probation without receiving clear notice of restoration. Some records still show the prior conviction without a clear update to rights status. Law enforcement databases and court records do not always communicate in a way that makes the restoration obvious during a quick field contact.
A second misunderstanding involves set-asides. A set-aside under A.R.S. Section 13-905 is different from automatic restoration under A.R.S. Section 13-907. Set-aside relief can have important benefits, and Arizona law includes a firearm-restoration provision connected to set-asides, with exceptions. A set-aside is not the same thing as the automatic restoration event discussed in Begay.
A.R.S. Section 13-910 Firearm Rights Restoration Applications
Some people still must apply to restore firearm rights under A.R.S. Section 13-910. That process is discretionary and depends on the conviction type and the passage of time. In many cases, the court evaluates the request and decides whether to grant relief.
Begay also matters here because the 2022 changes removed the prior waiting period under A.R.S.Section 13-910. People often rely on outdated rules they heard from a friend or read years ago. A current review of the statutes and the conviction record usually prevents missteps.
Practical Steps If You Completed Probation and Are Unsure About Firearm Status
Start with the court record. Confirm the offense classification, whether it counts as serious or dangerous under Arizona law, and the exact date probation ended. Restitution status matters too, even if the amount was small. A probation completion date alone does not resolve whether restitution remains outstanding.
A second step is to check whether your situation involves an out-of-state or federal conviction. A.R.S. Section 13-907 includes a different process for convictions outside Arizona, and an application may still be required even when you had no prior felony.
A final consideration involves federal law. Federal firearm restrictions can apply independently in some situations, even when state law appears favorable. A careful legal review should account for both layers before you decide on anything that could trigger a new felony charge.
Contact an Arizona Criminal Defense Attorney
Firearm rights issues can quickly escalate into charges, especially when records and restoration rules do not align cleanly. The Law Office of James Novak focuses on Arizona criminal defense and represents people facing weapons and prohibited possessor allegations. A review can clarify whether A.R.S. Section 3-907 applied automatically at the time of probation completion and whether any exceptions affect your situation. Call (480) 413-1499 to discuss the facts, the timeline, and the best next steps.