Concealed Weapon Charge Defense
A concealed weapon charge can come as a surprise, because Arizona law allows concealed carry without a permit in many situations. Knowing exactly which part of the law you are accused of breaking is the first step toward a plan.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Under A.R.S. § 13-3102, carrying a concealed deadly weapon is a crime only in the situations the statute lists, such as during a felony, when you do not answer an officer accurately, when you are under 21, or when you are a prohibited possessor.
- How it is classified: From a class 3 misdemeanor to a class 4 felony, depending on the subsection (§ 13-3102(M)).
- Possible sentence: A class 1 misdemeanor carries up to six months in jail and a fine up to $2,500; the felony forms carry prison ranges under A.R.S. § 13-702(D).
- Where the case is heard: Misdemeanors are heard in a city (municipal) court or a justice court, depending on where it happened. Felonies are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St., or South Court Tower, 175 W. Madison St.); confirm the building on your current notice.
- What to do now: Write down what the officer asked and what you said, and talk with a defense lawyer before your court date.
What the law says
Section 13-3102 begins, "A person commits misconduct involving weapons by knowingly" doing one of the listed acts. If you are 21 or older and not a prohibited possessor, carrying a concealed deadly weapon is not by itself a crime under § 13-3102(A)(1). It becomes one in these situations:
- During a felony: Carrying a concealed deadly weapon, other than a pocket knife, on your person or within your immediate control in or on a means of transportation, "in the furtherance of" a serious offense, a violent crime or any other felony (§ 13-3102(A)(1)(a)).
- Not answering an officer accurately: When a law enforcement officer contacts you and asks whether you are carrying a concealed deadly weapon, and you fail to answer accurately (§ 13-3102(A)(1)(b)).
- Under 21: Carrying a concealed deadly weapon, other than a pocket knife, on your person or within your immediate control in or on a means of transportation, if you are under twenty-one (§ 13-3102(A)(2)).
- Prohibited possessor: Possessing a deadly weapon at all if you are a prohibited possessor, concealed or not (§ 13-3102(A)(4)). See prohibited possessor charges.
A "deadly weapon" is anything designed for lethal use, including a firearm (A.R.S. § 13-3101(A)(1)). The under-21 rule has exceptions in § 13-3102(B), including carrying in your own home or business, or on property owned or leased by you or your parent, grandparent or legal guardian. They also cover a firearm carried so that part of it or its holster is visible, or carried in luggage or in a case, trunk or glove compartment of a vehicle.
Some places have their own rules. Under § 13-3102(A)(10) to (13), it is a crime, unless an exception applies, to:
- Stay armed in a public establishment or at a public event after the operator or sponsor reasonably asks you to store your weapon. A "public establishment" is a structure, vehicle or craft owned, leased or operated by the state or a local government.
- Enter a polling place with a deadly weapon on election day.
- Possess a deadly weapon on school grounds.
- Enter a nuclear or hydroelectric generating station with a deadly weapon.
Arizona still issues concealed weapons permits under A.R.S. § 13-3112. Applicants must meet the conditions in § 13-3112(E), which include being 21 or older (or at least 19 with qualifying military service or discharge) and not being a prohibited possessor under state or federal law.
How it is classified
| Conduct | Subsection | Class |
|---|---|---|
| Concealed carry in furtherance of a serious offense, violent crime or other felony | § 13-3102(A)(1)(a) | Class 6 felony |
| Failing to answer accurately when an officer asks if you are carrying concealed | § 13-3102(A)(1)(b) | Class 1 misdemeanor |
| Concealed carry while under 21 | § 13-3102(A)(2) | Class 3 misdemeanor |
| Possessing a deadly weapon as a prohibited possessor | § 13-3102(A)(4) | Class 4 felony |
| Staying armed in a public establishment or event after a reasonable request | § 13-3102(A)(10) | Class 1 misdemeanor |
| Polling place on election day | § 13-3102(A)(11) | Class 1 misdemeanor |
| Deadly weapon on school grounds | § 13-3102(A)(12) | Class 1 misdemeanor, or class 6 felony if tied to certain offenses listed in § 13-3102(M) |
| Nuclear or hydroelectric generating station | § 13-3102(A)(13) | Class 4 felony |
Possible penalties
- Class 3 misdemeanor: Up to 30 days in jail under A.R.S. § 13-707(A)(3) and a fine up to $500 under A.R.S. § 13-802(C).
- Class 1 misdemeanor: Up to six months in jail under § 13-707(A)(1) and a fine up to $2,500 under § 13-802(A).
- Class 6 felony: For a first felony offense, .33 to 2 years in prison, with a presumptive term of 1 year (§ 13-702(D)).
- Class 4 felony: For a first felony offense, 1 to 3.75 years, with a presumptive term of 2.5 years (§ 13-702(D)).
Prior felony convictions can raise the prison ranges under A.R.S. § 13-703. For a class 6 felony that is not a dangerous offense, the court may enter judgment as a class 1 misdemeanor, or leave the offense undesignated until probation ends, under A.R.S. § 13-604(A). That option is not available if you have two or more prior felony convictions.
Consequences beyond the sentence
- Your record: Even a misdemeanor weapons conviction can show up on background checks. You may later be able to ask the court to set aside the judgment of guilt or seal the record. See set-asides and record sealing.
- Firearms: A felony conviction makes you a prohibited possessor under § 13-3101(A)(7)(b). Federal law also bars possession by anyone convicted of a crime punishable by more than one year (18 U.S.C. § 922(g)). A felony charge or conviction can also affect permit eligibility under § 13-3112(E).
- Immigration: If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea. Federal law lists certain firearm convictions as a ground for deportation (8 U.S.C. § 1227(a)(2)(C)).
- Work and licenses: Jobs in security, education, health care and other licensed fields may ask about weapons convictions.
Avoiding jail is not the same as avoiding a conviction. A plea that keeps you out of jail can still leave a weapons conviction on your record.
How we defend concealed weapon charges
Each form of the offense has different elements, so these cases often turn on the subsection charged and the exact facts. We may focus on:
- Concealment: Was the weapon actually concealed? For the under-21 rule, a visible firearm or holster, or a firearm in a case or glove compartment, may fall within an exception.
- What the officer asked: Section 13-3102(A)(1)(b) depends on the question asked and your answer. Body camera and dash camera recordings can show what was said.
- The link to a felony: Under § 13-3102(A)(1)(a), the State must tie the weapon to a felony. If the underlying felony charge is weak, the weapons count may be too.
- Knowledge: The State must prove you acted knowingly, for example that you knew a weapon was in a borrowed car.
- The stop and the search: If the weapon was found through an unlawful stop or search, we may ask the court to suppress it.
- Location rules: For a public establishment charge, we look at whether a reasonable request was made and storage was offered. For school grounds, we review the statute's exceptions.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Under § 13-3102(A)(1), concealed carry by an adult who is not a prohibited possessor is a crime only in the situations the statute lists. Arizona still issues permits under § 13-3112, and other states have their own rules.
The offense in § 13-3102(A)(1)(b) applies when an officer contacts you, asks whether you are carrying a concealed deadly weapon, and you do not answer accurately. An inaccurate answer can lead to a class 1 misdemeanor charge.
It depends. In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). A conviction can still affect your record and your rights, so it is worth getting advice.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3102: Misconduct involving weapons; defenses; classification; definitions
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-3112: Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability; annual report
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-703: Repetitive offenders; sentencing
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-604: Class 6 felony; designation
Cornell Legal Information Institute
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