Prohibited Possessor Defense
Being accused of having a gun you were not allowed to have can be confusing, especially if you believed your rights were restored or the gun was not yours. You can get clear answers about the charge and your options.
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: A.R.S. § 13-3102(A)(4) makes it a crime to knowingly possess a deadly weapon or prohibited weapon if you are a "prohibited possessor," a term defined in A.R.S. § 13-3101(A)(7).
- How it is classified: A class 4 felony under § 13-3102(M).
- Possible sentence: For a first felony offense, 1 to 3.75 years in prison under A.R.S. § 13-702(D), with probation possible if you are eligible under A.R.S. § 13-901.
- Where the case is heard: 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: Do not explain the weapon or your record to police. Gather any paperwork about restored rights and talk with a defense lawyer before your next court date.
What the law says
The State must prove that you knowingly possessed a deadly weapon or prohibited weapon, and that you were a prohibited possessor at that time. A "deadly weapon" is anything designed for lethal use, including a firearm (§ 13-3101(A)(1)). A firearm in "permanently inoperable condition" is not a firearm (§ 13-3101(A)(4)).
Under § 13-3101(A)(7), you are a prohibited possessor if any of these apply:
- A court found you to be a danger to yourself or others, or to have a persistent, acute or grave disability, and your rights have not been restored under A.R.S. § 13-925.
- You were convicted of a felony in Arizona or elsewhere, or adjudicated delinquent for a felony as a juvenile, and your civil right to possess or carry a firearm has not been restored.
- You are serving a term of imprisonment in a correctional or detention facility.
- You are serving probation for a domestic violence offense or a felony, or you are on parole, community supervision, work furlough, home arrest or "release on any other basis."
- You are an undocumented alien, or a nonimmigrant alien who keeps a foreign residence, unless a listed exception applies.
- You were found incompetent under Rule 11 and have not since been found competent, or you were found guilty except insane.
"Possess" means knowingly having physical possession or otherwise exercising "dominion or control" over property (A.R.S. § 13-105). So the State may claim possession of a gun found in a car or a shared room. It still has to prove you knew the weapon was there and exercised control over it.
How it is classified
The Arizona charge is a class 4 felony. Federal prosecutors can also bring a separate case under 18 U.S.C. § 922(g), which has its own list of prohibited people. The two lists overlap, but they are not the same.
| Charge | Law | Classification |
|---|---|---|
| Possessing a deadly weapon or prohibited weapon as a prohibited possessor | § 13-3102(A)(4) | Class 4 felony (§ 13-3102(M)) |
| Possessing a firearm or ammunition as a prohibited person under federal law | 18 U.S.C. § 922(g) | Federal crime, up to 15 years under 18 U.S.C. § 924(a)(8) |
Because this is a class 4 felony, the misdemeanor designation option in A.R.S. § 13-604 does not apply, since that statute covers class 6 felonies. In some cases a plea to a different offense may be negotiated, but that depends on the facts and your history.
Possible penalties
The prison range depends heavily on your prior record. Each row below lists the mitigated, minimum, presumptive, maximum and aggravated terms for a class 4 felony.
| Your record | Statute | Prison range |
|---|---|---|
| First felony offense | § 13-702(D) | 1, 1.5, 2.5, 3 and 3.75 years |
| One historical prior felony conviction (category two) | A.R.S. § 13-703(I) | 2.25, 3, 4.5, 6 and 7.5 years |
| Two or more historical prior felony convictions (category three) | § 13-703(J) | 6, 8, 10, 12 and 15 years |
Not every old conviction counts as a "historical prior felony conviction." Under § 13-105, a class 4, 5 or 6 felony generally counts if committed within the five years before the new offense, and a class 2 or 3 felony within ten years, with special rules for certain priors. If you were on probation, the new charge may also lead to a probation violation.
Consequences beyond the sentence
- Your record: A felony conviction stays on your record. Later, you may be able to ask the court to set aside the judgment of guilt or seal the record. See set-asides and record sealing.
- Firearm rights: A felony conviction keeps you a prohibited possessor until your rights are restored. For a first felony, A.R.S. § 13-907 restores civil rights automatically after probation or absolute discharge if restitution is paid, but not firearm rights after a dangerous or serious offense. A judge may otherwise restore the right in its discretion under A.R.S. § 13-910, though not after a dangerous offense, and only ten years after absolute discharge for a serious offense. Under A.R.S. § 13-905(O), a set-aside restores firearm rights, except after a serious offense.
- Federal law: Under 18 U.S.C. § 921(a)(20), a conviction that has been set aside, or for which civil rights were restored, generally does not count federally unless the order expressly says you may not possess firearms. Get advice before you hold a gun.
- 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: A felony can affect jobs, professional licenses and housing.
Avoiding jail is not the same as avoiding a conviction. A plea that keeps you out of prison can still leave a felony on your record and extend the time you cannot have a gun.
How we defend prohibited possessor cases
Many of these cases turn on records and small details.
- Your status on that date: We check whether you were actually a prohibited possessor. Your rights may have been restored, probation may have ended, or an out-of-state or juvenile record may not mean what the State believes.
- Knowledge and control: When a weapon is found in a shared car or home, the State must still connect it to you. Ownership, who used the space, and fingerprint or DNA evidence can matter.
- The item itself: Is it a deadly weapon or firearm under the law, or was it permanently inoperable?
- The stop and the search: If police found the weapon through an unlawful stop or search, we may ask the court to suppress it.
- Your statements: We review how any statements were taken and whether they are reliable.
- Mitigation: Why the weapon was there, your work and family life, and steps toward restoring your rights can help in negotiations and at sentencing.
Federal prosecutors can charge the same conduct under § 922(g), in the U.S. District Court for the District of Arizona, so we keep that risk in view. See federal gun charges.
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
It can. Ownership is not the test, because "possess" includes exercising dominion or control. But the State must prove you knowingly possessed the weapon, and a gun that belonged to a roommate or partner raises real questions about knowledge and control.
Yes. Under § 13-3101(A)(7)(d), you are a prohibited possessor while you are on probation for a domestic violence offense, even a misdemeanor. Federal law may also bar possession after a qualifying misdemeanor domestic violence conviction under § 922(g)(9). Learn more about domestic violence charges.
Under § 13-925, you may petition the court that entered the order. You must prove by clear and convincing evidence that you are not likely to act in a way dangerous to public safety, and that relief is not contrary to the public interest.
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. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-901: Probation
- A.R.S. § 13-925: Restoration of right to possess a firearm; mentally ill persons; petition
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-703: Repetitive offenders; sentencing
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-907: Automatic restoration of civil rights for first offenders; firearm rights
- A.R.S. § 13-910: Restoration of right to possess a firearm
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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