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.