As amended through August 22, 2024
Rule 30.1 - Automatic Restoration; Exceptions; Notice(a)Automatic Restoration for First Offense. A person who has not previously been convicted of any other felony must automatically be restored any civil rights that were lost or suspended by the conviction, except the right to possess or carry a gun or firearm, if the person: (1) completes a term of probation or receives an absolute discharge from imprisonment; and(2) pays any victim restitution imposed.(b)Second or Subsequent Offense; Unpaid Restitution; Application Required. A person who has been convicted of two or more felonies or has not paid all victim restitution and whose period of probation has been completed or has received an absolute discharge from imprisonment may have any civil rights that were lost or suspended by the conviction restored by the court. A person whose civil rights were lost or suspended by two or more felony convictions in another state or a United States District Court may apply to the superior court in the county in which the person now resides to have the person's civil rights restored. A person seeking to apply to have civil rights restored under this rule must file an application under Rule 30.2.(c)Firearm Rights.(1) Exception to Automatic Restoration. The right to possess a firearm is not automatically restored under (a) if the person is convicted of either: (A) a dangerous offense under A.R.S. § 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense if committed in this state, or(B) a serious offense under A.R.S. § 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense if committed in this state.(2) When an Application Must Be Filed. If the right to possess or carry a firearm was not automatically restored under (a), a person seeking to restore the right to possess a firearm must file an application under Rule 30.2. The following persons may not file to restore the right to possess a firearm: (A) a person convicted of a dangerous offense under A.R.S. § 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense if committed in this state; or(B) a person convicted of a serious offense as defined in A.R.S. § 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense if committed in this state until 10 years after the date of discharge from probation or from the date of absolute discharge from prison.(d) Other Circumstances When an Application Must Be Filed. If the offense was committed outside the jurisdiction of this state or absolute discharge was from a prison in another state or the federal bureau of prisons, an eligible person seeking automatic restoration of civil rights must file an application under Rule 30.2. If the court finds the person is eligible for automatic restoration, it must grant the application without receiving a response from the State or holding a hearing. An order granting the application must specify whether the person's right to possess a firearm is restored and must be transmitted as provided in Rule 30.6(g).(e) Application for Certification of Automatic Restoration. A person who is entitled to automatic restoration of civil rights may file an application under Rule 30.2 to obtain an order certifying that the person's rights have been automatically restored. If the court finds the person is entitled to automatic restoration, the court must grant the application without receiving a response from the State or holding a hearing. An order granting the application must specify whether the person's right to possess a firearm is restored and must be transmitted as provided in Rule 30.6(g).(f) Supporting Documentation. Nothing in this rule precludes the court from requesting supporting documentation from an eligible applicant for purposes of verifying that the applicant is entitled to automatic restoration.Added on an emergency basis, effective 6/15/2018, adopted on a permanent basis 12/13/2018; amended July 3, 2019, effective 8/27/2019; adopted on a permanent basis 12/12/2019; amended on an emergency basis Sept. 15, 2022, effective 9/24/2022, permanently adopted Dec. 8, 2022, effective 1/1/2023.