Published on:

Arizona Prohibited Firearms: The Right to Bear Arms Does Not Include Prohibited Guns

The State of Arizona currently allows for prohibited users to bear firearms. That that right does not extend to Prohibited Weapons or firearms. In addition to explosives, bombs, improvised explosive devices (IED), and other prohibited weapons, certain types of guns are on the prohibition list as well. Persons found guilty of violating this law, will be exposed to a Class 4 Felony which calls for prison terms and other harsh penalties.

Prohibited Weapons Defined

Under A.R.S. 13-3101 (8) “Prohibited weapons” that pertain to firearms and guns include:

  • Device designed or intended to muffle the sound of a firearm being shot;
  • Any firearm capable of firing more than one shot automatically; and without manual reloading; and with a single function of the trigger.
  • Rifles with barrel length less than 16”; shotguns with barrel length less than 18”; modified rifle or shotgun with overall length less than 26”;
  • A combinations of parts or materials designed and intended for use in making or converting parts into prohibited weapons, guns or other firearms

Prohibited Firearm Charges

Under A.R.S. 13-3102 a person commits Misconduct involving weapons if they knowingly: possess, manufacture, sell, transfer, or transport a “prohibited weapon”.

This law does not apply to:

  • Authorized merchandise of manufactures or dealers of the described prohibited weapons when they are engaging in lawful transactions in the course of in licensed business.
  • Museums when they are part of their collections or exhibits for institution for educational purposes;
  • Lawful exhibitions, demonstrations, competitions; or other sporting events that involve those weapons;
  • Regularly constituted state, county or municipal appointed and authorized police officer  detention facility security personnel;  military service personnel in Arizona, or other USA state;
  • Authorized commercial nuclear generating station employed armed nuclear security guards in the course of their duties, or training exercises;
  • Licensed and lawful transportation of the weapons for purposeful legal uses described in this statute.

Violations of this code result in Class 4 Felony charges.  Penalties for non-dangerous, non-violent criminal convictions, of these offenses will be exposed to prison terms that range from 4 to 8 years.  In addition, felony criminal penalties include large fines, fees, and/or restitution; community service; supervised parole, and other penalties ordered by the court.

Civil penalties for a felon criminal record may include loss of right to bear arms; voting rights; and other collateral consequences.

Criminal Defense for Prohibited Firearms Possession, Mesa AZ

If you face any weapons offenses in Mesa, they can be serious charges. You should always consult a criminal defense attorney experienced in defending weapons crimes before appearing in court or pleading guilty. Your freedom and future will depend on the effectiveness of your defense of these charges. If retained, your lawyer will protect your rights, defend your charges; present your side of the story; and work to get you the best possible outcome in your case.

Additional Resources: