A felony disorderly conduct conviction in Arizona can cost you more than jail time and fines. It can also affect your right to possess a firearm. If you are facing this charge under ARS 13-2904, or if you already have a conviction, this guide explains how Arizona and federal law affect your firearm rights and what options you may have.
Key Takeaways
1. Felony disorderly conduct under ARS 13-2904(A)(6) involves recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument, and it is a Class 6 felony. 2. A felony conviction can make you a prohibited possessor under ARS 13-3101, meaning you may not legally own or possess a firearm unless and until your rights are restored. 3. Gun rights may be restored automatically or through a court application, but a dangerous offense designation can permanently bar restoration. |
What Makes Disorderly Conduct a Felony in Arizona?
Most disorderly conduct charges in Arizona are Class 1 misdemeanors. The charge covers behaviors like fighting, making unreasonable noise, using offensive language, or refusing to obey a lawful order to disperse.
But when disorderly conduct involves recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument, it becomes a Class 6 felony under ARS 13-2904(A)(6). Common examples include waving a gun during an argument or firing a weapon recklessly.
A Class 6 felony is the lowest felony classification in Arizona, but it still carries serious consequences. For a first-time offender, sentencing for a Class 6 felony can range from four months to two years in prison, probation up to 3 years, and fines capped at $150,000. Because the charge involves a weapon, prosecutors often add an allegation of dangerousness. This dangerous designation can increase the mandatory minimum prison sentence to 1.5 years.
How Does a Felony Disorderly Conduct Conviction Affect My Gun Rights?
Under Arizona law, any felony conviction suspends certain civil rights. ARS 13-904 provides a full list of the rights you lose when convicted of a felony, including your right to possess a firearm. As a convicted felon, ARS 13-3101(A)(7) classifies you as a “prohibited possessor,” meaning you cannot legally own, buy, or possess a gun.
This prohibition takes effect immediately upon conviction. If you are caught with a firearm as a prohibited possessor, you face a charge of misconduct involving weapons under ARS 13-3102, a Class 4 felony carrying a presumptive sentence of 2.5 years in prison.
Federal law adds another layer. Under 18 U.S.C. 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing a firearm. A Class 6 felony in Arizona carries up to two years, which qualifies under the federal prohibition. Even if Arizona restores your gun rights, the federal restriction may still apply.
Can I Get My Gun Rights Back After a Felony Disorderly Conduct Conviction?
Restoration of your right to carry a gun depends on the details of your conviction. Arizona provides a path to restore gun rights, but there are important exceptions.
If your conviction was not designated as a dangerous offense, your civil rights, including your firearm rights, may be automatically restored under ARS 13‑907 once you have fully completed your sentence. Another option is setting aside your conviction under ARS 13-905. A set-aside can trigger automatic restoration of firearm rights in certain cases. If your gun rights are not restored automatically, you can file a request with the court under ARS 13-908 to restore them. You must complete your sentence, including probation, and pay all restitution. If you are convicted of a serious crime, ARS 13-910 states that you can petition the court to restore your right to possess a firearm 10 years after the date of absolute discharge from your sentence.
If your conviction was designated as a dangerous offense under ARS 13-704, your gun rights cannot be restored. Because felony disorderly conduct involves a weapon, prosecutors frequently add a dangerousness allegation.
Common Myths About This Charge
Myth: Disorderly conduct is a minor charge that will not affect my gun rights.
Reality: When disorderly conduct involves a weapon, it becomes a Class 6 felony in Arizona. A felony conviction makes you a prohibited possessor under both state and federal law. This means you lose the right to own or possess a firearm until your rights are formally restored.
Myth: My gun rights come back automatically once I finish my sentence.
Reality: Arizona law automatically restores most civil rights for first-time felony offenders after the completion of the sentence. Firearm rights are not always restored automatically, even when other rights are restored. Depending on the circumstances of your conviction, you may have to file a separate application with the court under ARS 13-908 or ARS 13-910 to restore your right to possess a gun.
Felony Disorderly Conduct and Gun Rights: Key Statutes at a Glance
- ARS 13-2904(A)(6): Defines felony disorderly conduct as recklessly handling, displaying, or discharging a deadly weapon.
- ARS 13-904: Lists civil rights suspended upon felony conviction, including firearm possession.
- ARS 13-3101(A)(7): Defines a prohibited possessor as any felon whose firearm rights have not been restored.
- ARS 13-3102(A)(4): Makes it a Class 4 felony for a prohibited possessor to possess a firearm.
- ARS 13-907: Automatic restoration of most civil rights for first-time offenders. Includes firearm rights under certain circumstances.
- ARS 13-908: Application for the restoration of most civil rights for first-time offenders. Includes firearm rights under certain circumstances.
- ARS 13-910: Allows people convicted of serious crimes to apply for the restoration of gun rights. It prohibits the restoration of gun rights to anyone convicted of a dangerous offense.
- ARS 13-704: Defines dangerous offenses. Conviction permanently bars firearm rights restoration.
- 18 U.S.C. 922(g)(1): Federal prohibition on firearm possession for anyone convicted of a crime punishable by more than one year in prison.
Frequently Asked Questions
Q: Can I own a gun after a felony disorderly conduct conviction in Arizona?
A: No. You cannot own a gun after being convicted of any felony until your firearm rights have been formally restored. A felony conviction makes you a prohibited possessor under ARS 13-3101. Based on the details of your conviction, your gun rights may either be automatically restored or restored after petitioning the court. If you were convicted of a dangerous offense, your firearm rights cannot be restored.
Q: What happens if I possess a gun while I am a prohibited possessor in Arizona?
A: If you are found in possession of a gun before your rights have been restored, you can face new criminal charges. Possessing a firearm as a prohibited possessor is misconduct involving weapons under ARS 13-3102, which is a Class 4 felony. This charge carries a presumptive sentence of 2.5 years in prison for a first offense.
Q: Does having my conviction set aside restore my gun rights?
A: Depending on the circumstances, getting a conviction set aside can lead to a restoration of gun rights. Under ARS 13-905, a set-aside may trigger automatic restoration of firearm rights. However, a set-aside does not erase the conviction, and federal restrictions may still apply.
Q: Can a Class 6 felony be reduced to a misdemeanor in Arizona?
A: Yes. A Class 6 felony in Arizona may be an “undesignated” offense, meaning the court may designate it as a Class 1 misdemeanor at sentencing or upon completion of probation. If designated as a misdemeanor, the felony-based firearm restriction would not apply.
Q: Does federal law override Arizona gun rights restoration?
A: Federal law under 18 U.S.C. 922(g) imposes its own prohibition on firearm possession for convicted felons. Even if Arizona restores your gun rights, the federal ban may still apply. An attorney experienced in both state and federal firearm law can evaluate your situation.
Find the Right Attorney for Your Case
If you have been charged with felony disorderly conduct in Arizona, or if you want to explore restoring your gun rights after a conviction, the most important step is finding an experienced criminal defense attorney who knows Arizona law. Lawyer Listed connects you with a curated, peer-vetted network of elite criminal defense attorneys, free of charge. Our matching tool analyzes your situation and pairs you with the right attorney. Get matched now at https://lawyerlisted.com.
