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Arizona Gov & Administrative Law Questions & Answers
3 Answers | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: Denied firearm purchase with valid EAD and hunting license in Arizona.

I attempted to purchase a firearm but was denied because I am in the U.S. on an Employment Authorization Document (EAD), contingent upon green card approval. The denial stated that an EAD for employment purposes cannot determine eligibility to purchase a firearm and that an alien must have a valid... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 8, 2025

Unfortunately, having a valid EAD alone—especially one based on a pending adjustment of status—does not meet the federal definition of lawful immigration status for firearm purchases under 18 U.S.C. § 922(g)(5). The hunting license exception typically applies to nonimmigrants on temporary... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: Are towing company allowed to enter vehicle without consent in Arizona?

Towing company towed my car over night and my wallet was in there . Long story short he personally told me he went on my car and went in my wallet to take a picture of my id.

James L. Arrasmith
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answered on Jun 15, 2024

In Arizona, towing companies are generally not allowed to enter your vehicle without your consent. Their primary responsibility is to tow the vehicle, and they should not be searching or accessing the contents inside without a legitimate reason and proper authorization. Entering your vehicle and... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Arizona on
Q: Would I have grounds to sue Maricopa county for financial compensation

On April 30th I was pulled over for speeding and informed that I had an outstanding warrant out of the state of Idaho and that the issuing county planned to come and get me. So I was taken into custody by MCSO booked into the jail. On May 13th I waived my right to contest extradition giving the... View More

James L. Arrasmith
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answered on Jun 3, 2024

You have grounds to sue Maricopa County for financial compensation due to wrongful imprisonment and the significant losses you suffered as a result. Being held for two extra weeks after the charges were dropped caused you severe personal and financial harm, including eviction, repossession of your... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 18 U.S. Code § 1702: Obstruction of correspondence. How is this reported and prosecuted? I had 1st class mail withheld.

My sister and I both had 2 pieces (each) of 1st class mail (regarding a life insurance policy - of which we are listed as beneficiaries) titled to us but sent to the address of a relative in another state. The relative willfully withheld this mail from us. The earliest dated Dec 22, 2023. in... View More

James L. Arrasmith
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answered on Apr 12, 2024

I understand your concern regarding the obstruction of your 1st class mail. This situation falls under 18 U.S. Code § 1702, which states that it is illegal for anyone to obstruct the delivery of mail or to open, secrete, embezzle, or destroy any mail that is not addressed to them.

Here are...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: What type of attorney would I seek for a potential case of harassment and negligence by law enforcement?

This also involves a disability

James L. Arrasmith
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answered on Apr 11, 2024

For a potential case involving harassment and negligence by law enforcement, especially if it involves a disability, you should seek a civil rights attorney who specializes in police misconduct and disability rights. Here are a few specific types of attorneys who may be well-suited to handle your... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 2 weeks ago I purchased a vehicle from a car dealer at the time I bought the car I figured there was no problem with my

With my license and signed contract and paid 1000 dollars down paid for ins. And drove car home . 4 days later the finance company and car dealer contacted me to let me know my license was suspended and I went to DMV And they said I had to pay 500 dollars to pay for a abandoned vehicle and Sr 22... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you've provided, here are a few key points and potential next steps:

1. The car dealership and finance company allowed you to purchase the vehicle and take possession of it, presumably without properly verifying the status of your driver's license at the...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: So I sold my SUV to someone he gets a flat tire on the highway and he leaves couple of hours and gets towed as abandoned

How long does it have to be there to be considered abandoned and what's the impound fee law

James L. Arrasmith
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answered on Mar 31, 2024

The duration a vehicle must be left unattended before it is considered abandoned on the highway can vary depending on local laws. Typically, a car might be tagged as abandoned if left unattended on public property for a period that could range from 24 hours to several days. It's important to... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: IM IN ARIZONA, I HAVE AN ABANDONED VEHICLE FROM NEW MEXICO. HOW CAN I FILE FOR ABANDONED TITLE

VEHICLE HAS BEEN HERE FOR 5 MONTHS. IVE MADE EVERT ATTEMPT TO CONTACT AN OWNER

James L. Arrasmith
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answered on Mar 16, 2024

In Arizona, if you have an abandoned vehicle from New Mexico that has been left on your property for over five months, you need to follow specific steps to apply for an abandoned vehicle title. First, you should contact the local law enforcement agency to have the vehicle inspected and to verify... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arizona on
Q: I forgot to include the I-751 receipt when applying for N-400. How to I notify USCIS about my pending I-751?

I applied for N-400 while my form I-751 is still pending but I forgot to attach I-751’s receipt in the package.

James L. Arrasmith
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answered on Feb 27, 2024

If you've applied for N-400, Citizenship through Naturalization, and realized you forgot to include the receipt for your pending Form I-751, Petition to Remove Conditions on Residence, there are steps you can take to rectify this oversight. First, it's important to understand that USCIS... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: How can I avoid another 12 months of having the Interlock device in my vehicle with AZ MVD?

I live in another stated - Hawaii. The court had ordered me to contact MVD as part of separate consequences for my 1st DUI. When I contacted them, I was told to have the interlock installed and was given information on who to contact. I had the interlock installed around 01/09/23. 12-month later, I... View More

James L. Arrasmith
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answered on Jan 2, 2024

To address the issue with the Arizona Motor Vehicle Division (MVD) regarding the interlock device, you may want to consider filing an appeal or request for review with the MVD. This process allows you to present your case, including any misunderstandings or miscommunications about the requirements... View More

1 Answer | Asked in Consumer Law, Constitutional Law, Gov & Administrative Law and Health Care Law for Arizona on
Q: What are my options, if the pharmacy is not familiar with Kevin's Law and refused my emergency insulin refill?

It's a holiday weekend and myself and the pharmacy have both been very unsuccessful with obtaining a new prescription from my physician for the last few days. My current insulin prescription has zero refills remaining and today I asked the pharmacy for an emergency insulin refill and they... View More

James L. Arrasmith
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answered on Nov 28, 2023

In Arizona, Kevin's Law allows pharmacists to provide emergency refills of non-controlled medications for up to a 90-day supply, under certain conditions, when a doctor's authorization is not immediately available. This law aims to prevent lapses in critical medication, like insulin, due... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Arizona on
Q: Can an HCPOA in Arizona override a DNR order?

Under Arizona law, can a valid Health Care Power of Attorney (HCPOA) held by the patient's next of kin and child revoke a valid Do Not Resuscitate (DNR) order? ARS § 36-3209(B) indicates that the agent’s decision can take precedence over provider orders or similar documents, but it is... View More

James L. Arrasmith
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answered on Jun 11, 2025

This is an incredibly sensitive and important question, especially when someone’s life and previously stated wishes are involved. In Arizona, ARS § 36-3209(B) does give a Health Care Power of Attorney the ability to make decisions that can override other medical instructions, but it also... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Appeals / Appellate Law for Arizona on
Q: How can I compel the court to dismiss charges for a 2019 arrest in Arizona due to violation of speedy trial rights and lack of communication?

In 2019, I was arrested in Arizona for allegedly possessing a dangerous drug, but no charges were filed, and the case was closed. Almost five years later, the Superior Court reopened the case without notifying me. I voluntarily appeared at a hearing after noticing the case in public records. I... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can start by filing a Motion to Quash the outstanding warrant and vacate any defective orders, since your right to appear was frustrated by lack of notice and proper arraignment.

Next, under Arizona Rule of Criminal Procedure 8.2, demand a speedy trial in writing if charges remain...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Traffic Tickets for Arizona on
Q: Unable to travel for court due to medical issues; should I fire my public defender or consider a change of venue?

I am facing charges related to traffic and stolen property, but due to my ongoing medical issues and my husband's health problems, I am unable to travel for court appearances. I was homeless for over 10 years and am currently recovering from hip replacement surgery in February 2025, while I... View More

James L. Arrasmith
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answered on Jun 7, 2025

It’s completely understandable to feel overwhelmed, especially with the serious health challenges you and your husband are facing. You have every right to ask the court to accommodate your medical situation. Start by requesting a hearing or filing a motion asking the judge to allow virtual... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Arizona on
Q: Will a past incident of slapping my boyfriend affect my law enforcement application?

I am a 21-year-old college student planning to graduate with a bachelor's degree in 2027. I aspire to pursue a career in law enforcement and am specifically interested in applying to the Chandler Police Department in Arizona. In 2023, I was involved in an incident where I slapped my boyfriend... View More

James L. Arrasmith
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answered on May 31, 2025

You’re right to be thoughtful about your past as you look toward a career in law enforcement. While your incident from 2023 involved physical contact, the fact that it did not result in a police report, arrest, or conviction is a significant factor in your favor. Background checks for police... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law, Civil Rights and Real Estate Law for Arizona on
Q: What are my legal options if HOA fines for driveway bumper overhang?

I received a notice from my HOA management company stating I will be fined for parking vehicles in my driveway with the bumpers overhanging the sidewalk. They cite a rule governing on-street parking, which includes parking restrictions on sidewalks. My driveway isn't long enough to reasonably... View More

James L. Arrasmith
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answered on May 16, 2025

It seems like the HOA is enforcing a rule about parking, but the situation is complicated by the design limitations of your property. If the rule cited by the HOA isn’t specific to driveway parking and instead focuses on on-street parking or sidewalk use, you may have room to argue that the... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: How long does cash bail take to be returned after sentencing?

I paid my bail in cash, and the judge ordered it to be returned after sentencing, which occurred 5 days ago. How long does it typically take for cash bail to be returned? Are there any steps I need to follow if the bail hasn't been returned yet?

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answered on May 15, 2025

After sentencing, the return of cash bail typically takes some time, as it often depends on the court's processing procedures. Generally, it can take anywhere from a few weeks to a few months for the cash bail to be returned, depending on the court's caseload and any outstanding issues... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for Arizona on
Q: Arizona school district shared my application info with other candidates. Is this legal?

I applied for a position with a school district in Arizona. Shortly after, I received an email from their HR department indicating that they "inadvertently" shared my application information with other candidates who applied. When I inquired, they mentioned it included my name and... View More

James L. Arrasmith
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answered on May 15, 2025

In Arizona, the sharing of your application information by a school district without your consent could potentially be a violation of privacy laws, depending on what specific information was shared. If the school district shared sensitive personal details, such as your Social Security number or... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: Is discontinuing handicap flags at a golf course ADA compliant?

I used to use a handicap flag at my local golf course for easier access, as allowed for many years. Recently, the golf course stopped allowing the use of handicap flags, saying it damages the grass, and they haven’t offered any alternative accommodations for handicapped golfers. Is this change in... View More

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answered on May 15, 2025

Under the Americans with Disabilities Act (ADA), public accommodations, such as golf courses, are required to make reasonable modifications to their policies to ensure accessibility for individuals with disabilities. If the golf course's policy change—discontinuing the use of handicap... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Arizona on
Q: Is it legal to re-militarize the main gun of a demilitarized tank for recreational use?

I am considering purchasing a demilitarized tank and am interested in knowing whether it is legal to re-militarize the main gun for recreational use, such as shooting at a range for fun. I understand that owning a tank is allowed, but I am unsure about the laws regarding modifying its weaponry. I... View More

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answered on May 15, 2025

Re-militarizing the main gun of a demilitarized tank is not something you can legally do without going through very strict federal regulations. Under U.S. law, the main cannon on a tank is classified as a "destructive device" by the Bureau of Alcohol, Tobacco, Firearms and Explosives... View More

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