Mental Health and Firearms Rights in Arizona
Mental Health and Firearm Rights in Arizona
A Realistic Look at A.R.S. § 13-925 (Mental Health Restoration)
At Restore My Civil Rights (RMCR), we believe in straight answers—especially when it comes to mental health and firearm rights. Arizona law does provide a theoretical process to restore firearm rights after certain mental-health–related prohibitions under A.R.S. § 13-925, but in practice that process is almost never successful.
This page explains why that is, what the law actually requires, and how RMCR handles these cases to protect both you and our firm from unrealistic expectations.
When Does Mental Health Affect Firearm Rights?
Under Arizona and federal law, a person can lose firearm rights because of mental health in situations such as:
- Involuntary commitment to a mental health facility
- Certain court findings related to danger to self or others
- Certain competency or insanity findings that trigger reporting to state and federal databases
When that happens, the person is typically reported to the National Instant Criminal Background Check System (NICS) and becomes a prohibited possessor under Arizona law and a prohibited person under federal law. That means they cannot lawfully:
- Possess a firearm
- Purchase a firearm
- Receive a firearm from another person or dealer
These consequences are serious and, in many cases, permanent.
What A.R.S. § 13-925 Says You Can Do
Arizona’s A.R.S. § 13-925 creates a process to ask the court to restore firearm rights after a mental-health–based prohibition. On paper, it looks straightforward:
- You file a petition asking the court to restore your firearm rights.
- The court considers your history, current mental health, and risk factors.
- The court may restore your rights if it finds you are no longer a danger and that restoring rights is in the interest of public safety.
But in practice there is a critical requirement that almost always stops the process before it really starts.
The Critical Barrier: The Clinician Certification
In mental-health–based firearm restoration cases, the court typically requires a licensed mental health professional—a psychiatrist or psychologist—to sign a formal certification stating, in substance, that:
- You are no longer a danger to yourself or others
- You are not likely to relapse into the condition that led to the prohibition
- It is safe and appropriate to return firearms access to you
From the court’s standpoint, this certification is necessary to justify restoring your rights. From the clinician’s standpoint, it is a massive liability risk.
Why Clinicians Will Not Sign
Most psychiatrists and psychologists refuse to sign these forms because:
- They are being asked to predict future dangerousness—something the field considers scientifically unreliable.
- If a firearm is later used in a suicide, accidental shooting, or crime, their name will be on the document that helped restore access.
- They face potential malpractice claims, licensing complaints, and professional scrutiny, with no real benefit to offset that risk.
As a result, even highly qualified, ethical clinicians who fully support your recovery will still say:
“I’m sorry, but I cannot sign any form related to restoring firearm rights.”
This is not a reflection on you personally—it is a reflection of the legal and professional risk environment they operate in.
The Practical Reality: Why These Cases Rarely Succeed
Because the court wants a mental-health professional to certify your safety, and because those professionals almost never sign, the system breaks down:
- The law technically offers a path to restoration.
- In practice, that path is rarely usable, because the key gatekeeper (the clinician) has every reason to say no.
At RMCR, we have previously been retained on mental-health firearm restoration cases under A.R.S. § 13-925. In each case:
- We worked to identify willing clinicians.
- Every clinician we contacted refused to sign the required certification.
- Rather than keep a client’s money for a case that had no realistic chance of success, we refunded 100% of the fees.
Those experiences shaped our current policy.
RMCR’s Policy on Mental-Health Firearm Restoration Cases
To protect our clients from false hope and wasted money, and to maintain our own ethical standards, RMCR follows a strict policy:
1. No Upfront Fees Without a Willing Clinician
We will not accept a fee up front for an A.R.S. § 13-925 mental-health firearm restoration case unless and until you already have a licensed psychiatrist or psychologist who is willing to sign the court’s required certification.
2. Our Process for Interested Clients
If you have a mental-health–based firearm prohibition and are interested in restoration, our process is:
- Initial consultation: We review your situation, explain the law, and confirm whether your prohibition is in fact mental-health–based.
- We provide you with the clinician certification form: You may take this to your treating psychiatrist or psychologist, or to another licensed provider of your choosing.
- You speak with your clinician independently: You ask whether they are willing to complete and sign the form consistent with their ethical, legal, and professional obligations.
- If—and only if—the form is fully completed and signed by a qualified clinician, you may contact us again to discuss formal representation and the likelihood of success in your particular case.
3. If No Clinician Will Sign, We Will Not Take Your Case
If your clinician refuses to sign (which is the usual outcome), we will not:
- Take your money and pretend the case is viable
- File a petition we know is almost certain to fail
- Offer “work-around” strategies that conflict with the law or ethical rules
Our commitment is to be honest, even when the answer is “no.”
What This Means for You
If your firearm rights were taken away because of a mental-health finding, commitment, or related court order:
- The law technically allows you to ask for restoration under A.R.S. § 13-925.
- In reality, most petitions fail at the clinician-certification stage, long before any hearing.
- Without a willing, licensed psychiatrist or psychologist, your restoration case is not realistically viable.
We understand this is frustrating and, for many people, feels unfair. But it is the truth, and you deserve to hear the truth before you invest time, hope, or money in a legal process that is unlikely to succeed.
How RMCR Can Still Help
Even if a mental-health firearm restoration is not viable in your case, RMCR may still be able to assist you with:
- Set asides, sealing, or expungement of eligible criminal convictions
- Restoration of civil rights (voting, jury service, holding office) where available
- Restoration of firearm rights in cases involving non-dangerous felony convictions that are not based on mental-health prohibitions
- Record-cleaning strategies that improve housing and employment opportunities, even when firearm rights cannot be restored
We will look at your entire history and give you a candid assessment of what can and cannot be done.
Ready to Talk?
If you have a mental-health–related firearm prohibition and want to understand your options:
- Contact Restore My Civil Rights to schedule a consultation.
- If you already have a psychiatrist or psychologist who is open to the idea of signing a certification, let us know at the outset.
- We will walk you through what the court requires and what documentation your clinician would have to provide.
You deserve a clear, honest explanation—not a sales pitch. At RMCR, we will tell you what the law really allows, what it doesn’t, and whether your case is worth pursuing.