Weapons Charges Defense

Arizona's main weapons law is A.R.S. § 13-3102, called misconduct involving weapons. It lists sixteen separate ways to commit the offense, and the statute requires that each be done "knowingly." The state has to prove you acted with knowledge, not just that a weapon turned up near you.

Who counts as a "prohibited possessor" is spelled out in A.R.S. § 13-3101. In plain terms, the list includes a person who:

• has a felony conviction from any state, or a juvenile felony adjudication, and has not had the right to possess or carry a firearm restored;
• is serving a term of imprisonment, or is on probation for a domestic violence offense or a felony, or on parole, community supervision, work furlough, home arrest or another form of release, at the time of possession;
• has been found by court order to be a danger to self or others, or to have a persistent, acute or grave disability, without later restoration of firearm rights;
• has been found incompetent and not later found competent, or has been found guilty except insane; or
• is an undocumented alien, or a nonimmigrant alien in the circumstances the statute describes, unless an exception applies.

The same statute defines a deadly weapon as anything designed for lethal use, including a firearm. A firearm in permanently inoperable condition is not a "firearm" under the definition.

Federal law has its own list. 18 U.S.C. § 922(g) makes it a federal crime for certain people to possess a firearm or ammunition in or affecting commerce, including people convicted of a crime punishable by more than one year, unlawful users of controlled substances, people convicted of a misdemeanor crime of domestic violence, and people subject to certain protective court orders. The Arizona and federal lists overlap but are not the same. See our federal charges page.

For a first felony offense that is not a dangerous offense, A.R.S. § 13-702(D) sets these prison ranges:

The same table lists a lower mitigated term and a higher aggravated term for each class. Prior felony convictions raise these ranges. If the conviction is for a dangerous offense, A.R.S. § 13-704(A) sets longer ranges: for a first offense, 5 to 15 years for a class 3 felony and 4 to 8 years for a class 4 felony.

A class 1 misdemeanor carries up to 6 months in jail under A.R.S. § 13-707 and a fine of up to $2,500 under A.R.S. § 13-802. A class 3 misdemeanor carries up to 30 days and a fine of up to $500. Surcharges are added to any fine.

In federal court, a knowing violation of § 922(g) carries up to 15 years in prison and a fine under 18 U.S.C. § 924(a)(8). Under § 924(e), a person with three prior convictions for a violent felony or serious drug offense, committed on different occasions, faces a mandatory minimum of 15 years.

Knowing possession. When a gun is found in a shared car, a borrowed vehicle or a home with several people, we look closely at whether the state can connect the weapon to you and show you knew it was there.

Whether you are really a prohibited possessor. We check whether a past case was in fact a felony, whether your rights were already restored, and whether you were actually on probation or release for a qualifying offense on the date in question.

Whether the item fits the definition. A deadly weapon must be designed for lethal use, a permanently inoperable firearm is not a firearm under the statute, and some items on the prohibited weapons list are excluded when made or transferred in compliance with federal law.

The stop and the search. Many weapons cases begin with a traffic stop or a search. We review the reason for the stop, any consent and any warrant. If the search was not lawful, we can ask the court to exclude what was found.

Exceptions in the statute. The under 21 concealed carry rule has exceptions, including your home or property and a firearm carried visibly, in luggage, or in a vehicle's storage compartment. The school grounds rule has its own. We look for every exception that fits your facts.

Options when the evidence is strong. We talk with you about whether a different charge or classification may be possible through negotiation, and what each option would mean for your firearm rights later. You make the final decision.