What is the difference between federal and state gun laws? Why do I need to understand both?
In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.
One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.
If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.
What is the definition of a felony?
Throughout these gun law pages, we will refer to laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. Arizona state law defines a felony as any offense that is punishable by a prison sentence in the state department of corrections.1 However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the courthouse where s/he was convicted and search the conviction records.
1 A.R.S. § 13-105(18)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
Arizona law says that a person cannot have or buy a gun if s/he:
- is under 21 years old (but there is an exception that allows someone who is 19 or older to have or buy a gun if s/he is currently in the military or received an honorable discharge or a general discharge under honorable conditions);
- is not a U.S. citizen;
- has been found by a court to be a danger to himself or to others (or mentally ill);1
- has been convicted of a felony in any state or is currently on probation for a domestic violence offense (as defined by law);
- is an undocumented immigrant or a “nonimmigrant” who is traveling here for business or pleasure;
- has been found incompetent by a court pursuant to rule 11, Arizona Rules of Criminal Procedure, and who has not been found competent since that time; or
- has been found “guilty except insane” of a crime.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.
1 A.R.S. § 13-3112(E)(1),(2),(4)
2 A.R.S. § 13-3101(A)(7)