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Weapons Crimes: Prohibited Possession of Firearms in Arizona

Possession of Weapons by a Prohibited User in Tempe AZ

Under A.R.S. § 13-3102. 4. 5.

A person may be guilty of misconduct involving weapons if they knowingly:

  • Possess a “deadly weapon” defined in A.R.S. § 13-3101. A. 1 or “prohibited weapon” A.R.S. § 13-3101. A. 8 if the person is a “prohibited possessor” as defined under A.R.S. § 13-3101.7 ; or
  • Transfers or sells a deadly weapon to a prohibited user or possessor

Prohibited Possessors of Firearms

Under A.R.S. § 13-3101. 7

“Prohibited possessor” is defined as any person:

  • Who was found to be a danger to themselves or others persistently or acutely disabled or gravely disabled pursuant to court order under section A.R.S. 36-540 and whose constitutional rights to possess a firearm have not been restored under A.R.S. 13-925;
  • Convicted in Arizona or any other state, of a felony who, or was through the legal process pronounced delinquent for a felony; and whose civil rights to possess or carry has not been restored,  as required by the laws of that state;
  • In possession of a firearm and is currently serving a prison term in any correctional facility or prison;
  • In possession of a firearm if they are currently on probation pursuant to a domestic violence conviction, under A.R.S. § 13-3601; other felony; parole; community service; work furlough,  home detention or house arrest;
  • Undocumented or nonimmigrant traveling with or without documentation in Arizona for business or other purpose; including studying in this state; while still maintaining foreign residence out of the United States. Exceptions to this rule include persons:

1) In a Nonimmigrant Alien status who has secured a valid hunting permit lawfully issued by any state in the United States of America;

2) In a Nonimmigrant Aliens status who enter the USA to participate in a formal target shooting competition display or show firearms at a sports or hunting trade show sponsored in a local jurisdiction, state, or national firearms trade organization devoted to these purposes;

3) Authorized diplomats;

4) Distinguished foreign visitors or foreign government’s officials designated by the US State Department;

5) Who possess a waiver extended by the USA Attorney General

6) Minors pursuant to A.R.S. § 13-3111

A.R.S. § 13-3102. L Defines Classifications for Crimes of Misconduct Involving Weapons

  • Misconduct involving weapons by Prohibited Possessors may result in a violation of probation, or parole, including reinstated sentencing for the original crime for which they were originally convicted;
  • Misconduct involving weapons by a Prohibited Possessor is a Class 4 Felony;
  • Offenses involving transfer or sale a deadly weapon to a prohibited user or possessor is a Class 6 Felony;
  • Any offense where a weapon is used in a crime whether the offender is a prohibited possessor or not, is considered to be an aggravating factor and a Class 4 felony, or higher depending on the criminal offense for which the prohibited processor used the weapon.

Weapons Crimes Defense Attorney Tempe AZ

If you are facing weapons charges, whether you were a prohibited possessor, or not, you should consult an experienced criminal defense firm to discuss your charges, potential penalties, and defense options. Most crimes involving weapons will be charged as felonies. All felony offenses expose the defendant to prison sentencing, large fines, fees, loss of civil rights and other penalties. If retained, they will make sure your rights are protected and defend your charges to help mitigate sentencing. In some cases there may be defenses that can be used, to reduce the charges and increase your chances of getting them dismissed.

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