Arizona

Criminal Procedure

Criminal Procedure

Rule 30.6 – Disposition

(a)Considerations. Whether to restore civil rights shall be in the discretion of the superior court judge.
(b)Additional Considerations for Applications Filed Under A.R.S. § 13-925. On the petition’s filing the court must set a hearing. At the hearing, the person must present psychological or psychiatric evidence in support of the petition. The State must provide the court with the person’s criminal history records, if any. The court must receive evidence on and consider the following before granting or denying a petition filed by a prohibited possessor under A.R.S. § 13-925:

(1) the circumstances that resulted in the person being a prohibited possessor as defined in A.R.S. § 13-3101(A)(7)(a), or subject to 18 U.S.C. § 922(d)(4) or (g)(4);
(2) the person’s record, including the person’s mental health record and criminal history record, if any;
(3) the person’s reputation based on character witness statements, testimony, or other character evidence;
(4) whether the person is a danger to self or others or has persistent, acute, or grave disabilities or whether the circumstances that led to the original order, adjudication, or finding remain in effect;
(5) any change in the person’s condition or circumstances that is relevant to the relief sought; and
(6) any other evidence deemed admissible by the court.
(c)Burden of Proof. The petitioner must prove by clear and convincing evidence the following:

(1) the petitioner is not likely to act in a manner that is dangerous to public safety; and
(2) granting the requested relief is not contrary to the public interest.
(d)Court Findings. At the hearing’s conclusion, the court must issue findings of fact and conclusions of law.
(e)Denial. If the court denies an application, its order must state the reasons for the denial in writing, including any statutory requirements the applicant has not met.
(f)Subsequent Application. If an application is denied, the defendant may file a new application after satisfying all requirements or after resolving any other reason for denial.
(g)Order. The clerk must transmit the order to the applicant, the prosecutor, and the Department of Public Safety. If the order is a result of an application filed under A.R.S. § 13-925, a copy of the order must be provided to the Supreme Court and the Department of Public Safety. The Supreme Court and the Department of Public Safety must update, correct, modify, or remove the person’s record in any database available to the national instant criminal background check system. Within 10 court days after receiving the notification from the court, the Department of Public Safety must notify the United States Attorney General that the person no longer falls within the provisions of A.R.S.§ 13-3101(A)(7)(a) or 18 U.S.C. § 922(d)(4) or (g)(4).

Ariz. R. Crim. P. 30.6

Added on an emergency basis, effective June 15, 2018, adopted on a permanent basis December 13, 2018.

HISTORICAL NOTES

Former Rule 30.6, relating to stipulation as to questions of law or fact in courts of limited jurisdiction, was abrogated August 31, 2017, effective January 1, 2018.