Can You Own a Firearm After Completing Diversion in Arizona?

Feb 25

If you’ve completed diversion in Arizona for a criminal charge, you might wonder whether you can legally own or purchase a firearm. This is a common question, and understanding the law is crucial for ensuring you’re in compliance with state and federal regulations. As a Tucson criminal defense attorney at AJB Law Firm, I frequently address questions like these for clients seeking clarity about their rights and future.

Diversion vs. Conviction: What’s the Difference?

Understanding the distinction between diversion and conviction is key to answering questions about your rights. A conviction occurs when you are found guilty of a criminal charge, either through a guilty plea or a trial verdict. Convictions typically carry long-term consequences, including potential restrictions on firearm ownership under both state and federal law.

Diversion, on the other hand, is a way to resolve a criminal charge without resulting in a conviction. By completing specific program requirements, such as counseling, community service, or education courses, your case is dismissed upon successful completion. This means you do not have a criminal conviction on your record, which often makes a significant difference in terms of your legal rights and future opportunities.

The key takeaway is that diversion provides an opportunity to avoid a formal conviction and its consequences. However, the fact that a charge existed in the first place can still have implications, especially when it comes to purchasing or owning firearms.

What Is Diversion?

Diversion is an alternative resolution to a criminal charge that typically involves completing a set of requirements, such as counseling, classes, or community service. Upon successful completion, the case is dismissed, and you avoid a criminal conviction. While this is a favorable outcome, many people remain concerned about the long-term effects, especially when it comes to firearm ownership.

At AJB Law Firm, we help clients navigate the diversion process and understand how it impacts their lives. Our goal is to ensure you leave the program with as few residual effects as possible, so you can move forward with confidence.

Firearm Ownership Under Arizona Law

In Arizona, a completed diversion program that leads to case dismissal generally does not result in a conviction. Without a conviction, you are not prohibited from owning or purchasing a firearm under state law. Arizona’s firearm laws are among the least restrictive in the nation, and there’s no automatic prohibition solely due to a dismissed charge after diversion.

Federal Law Considerations

Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from owning or purchasing firearms. However, because diversion does not result in a conviction, this restriction typically does not apply. That said, federal law can sometimes be interpreted broadly, so it’s important to ensure there are no lingering legal issues related to your specific case.

For example, if there were admissions of guilt or a temporary protective order issued during your case, these factors might raise questions under federal firearm laws. Ensuring clarity on these points is essential, and consulting a knowledgeable attorney can help you address any concerns.

Possible Complications

Even though a diversion dismissal does not equal a conviction, it’s worth noting the following potential complications:

Background Checks: The original charge may still appear on background checks. While it should be clear that the case was dismissed, it’s possible this could raise questions during the firearm purchasing process. Be prepared to provide documentation showing you completed diversion and that the case was dismissed.
Protective Orders: If there was ever a protective order (e.g., an order of protection) associated with your case, it’s important to ensure it has been lifted or expired. Active protective orders can restrict firearm possession under federal law.
State vs. Federal Interpretation: While Arizona law may not impose restrictions, federal agencies might interpret certain situations differently. For instance, if there were any admissions of guilt during diversion, it’s worth confirming that this doesn’t affect your eligibility.
Out-of-State Purchases: If you’re purchasing a firearm outside of Arizona, other states’ interpretations of your case may differ, and this could lead to complications. Always check with local laws where the purchase is being made.

What You Can Do

If you’re unsure about your eligibility to own or purchase a firearm after completing diversion, here are a few steps you can take:

Obtain Documentation: Request a copy of your case disposition from the court to show that your case was dismissed after completing diversion. This is critical for addressing any questions during a background check.
Run a Personal Background Check: You can use services to check your own criminal history and ensure the charge is accurately reflected as dismissed. This proactive step can help you identify and correct any errors.
Consult an Attorney: If you’re planning to purchase a firearm or are concerned about potential restrictions, consulting with an attorney experienced in criminal defense or firearms law can provide clarity and peace of mind. At AJB Law Firm, we specialize in helping clients in Tucson and across Arizona resolve these types of issues.
Contact a Firearms Dealer: Licensed firearm dealers conduct background checks as part of the purchasing process. They can provide guidance on what documentation might be needed to complete your purchase.
Verify Federal Eligibility: If there’s any doubt about federal restrictions, seek legal advice to confirm your eligibility. Federal restrictions can be nuanced, and understanding them fully can prevent unexpected challenges.

Why Hire a Tucson Criminal Defense Attorney?

As an experienced criminal defense attorney in Tucson, Arizona, I understand the complexities of both state and federal firearm laws. Navigating these issues can be challenging, especially if you’re unsure how your diversion program affects your rights. My firm, AJB Law Firm, is here to help you:

Clarify your legal standing after diversion.
Ensure your records are accurate and properly reflect the dismissal of charges.
Address any complications with background checks or firearm purchases.
Provide peace of mind so you can confidently exercise your rights.

Final Thoughts

Completing diversion and having your case dismissed is a significant step toward moving forward with your life. For most individuals, this means there are no legal barriers to owning or purchasing a firearm. However, each case is unique, and it’s always best to double-check your situation to avoid unintended consequences.

If you have questions about your rights or need assistance navigating the legal system, feel free to contact my office. I’m here to help ensure you’re informed and protected under the law.

Amanda Bynum, Attorney at AJB Law Firm in Tucson, Arizona, is committed to helping clients understand their rights and options. Whether you’re addressing firearm ownership after diversion or facing other legal challenges, our firm offers experienced, compassionate representation tailored to your needs.