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)