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ToggleFrom a damaged reputation to the inability to spend time with one’s kids, domestic violence allegations can result in serious consequences. In addition, those facing allegations should understand how this situation could impact their ability to have firearms. Those who lose their firearms should also familiarize themselves with the state’s process of returning guns.
Sometimes, people face warrantless domestic violence claims even though they are completely innocent. For people in this position, losing firearms can prove particularly frustrating, but having a clear understanding of legal options and rights is pivotal.
When do authorities seize firearms due to domestic violence?
The Arizona Legislature covers firearm seizure as a result of domestic violence accusations. When responding to domestic violence incidents, authorities could inquire about the presence of firearms and seize firearms upon seeing them or after a search if they believe the firearms pose a threat to the victim.
After seizing firearms, law enforcement provides the owner with a receipt for every gun seized.
When are firearms returned after domestic violence claims?
If officials conclude that returning a firearm could endanger the safety of a domestic violence victim, another household member or someone who reported domestic violence, prosecutors will file a court notice to retain the gun. When this occurs, the firearm seizure will last for six months. However, the gun owner can ask for a court hearing to have their firearm returned sooner.
Whether someone accused of domestic violence wants to protect their relationship with their children, prove their innocence, defend their reputation or have their firearms returned, it is essential to gather as much evidence as possible.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
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Practice areas
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Tempe
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Lake Havasu City
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Apache Junction
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Parker