The Arizona gun laws are among the most permissive in the nation, but that doesn’t mean firearms are viewed casually in the state. Firearms are prominent in many areas of Arizona, and unlawful use, possession, or handling is punishable by harsh legal action. Knowing common firearm offenses in Arizona and the penalties they carry is extremely important for any gun owner or operator. Charges frequently lead to felonies, and their penalties can alter your life.
What Is Considered a Firearm in Arizona?
Understanding what counts as a firearm is vital if you intend to learn how firearms are used and owned in Arizona. You should also know what is not considered a firearm, as misdescriptions in this field can create unnecessary legal issues.
Under Arizona law, a firearm is a weapon that is designed to use an explosive to release an object at a high rate of speed. This includes handguns, rifles, shotguns, sawed-off shotguns, or any of these weapons with attachments, such as silencers or extended magazines.
This legal meaning is broader than many may think. For example, a firearm does not have to be operational for it to count as a weapon. An obsolete or defective firearm might still qualify under this category if it was originally intended as a weapon.
It is worth noting that weapons such as BB guns, pellet guns, and airsoft guns are not considered firearms because they do not release projectiles by way of explosives. However, unlawful activity or even possession of such weapons could still lead to criminal prosecution under other laws, including assault or endangerment.
Common Firearm Offenses in Arizona
Arizona has firearm laws that are meant to protect both the rights of the firearm owners and the safety of the public.
There are several firearm offenses that can lead to charges in the state, including:
Illegal Possession of a Firearm
Illegal possession of a firearm occurs when a person who is not allowed to possess a firearm has one on their person. This includes convicted felons, those with restraining orders for domestic violence, and those declared mentally incapacitated.
No one who is prohibited is allowed to own, possess, or even have access to a firearm, regardless of whether they knew it was illegal for them to do so. For instance, individuals on probation or parole for certain felonies can be barred from owning guns. A felon caught with a handgun could be charged even if they had no idea the gun was illegal.
The penalties for illegal possession of a firearm vary depending on the circumstances of the possession. The offense carries fines and potential jail or prison time.
Misconduct Involving Weapons
Misconduct involving weapons is a broad term that involves using weapons unlawfully, dangerously, or unethically. This can include offenses such as possessing a deadly weapon on school grounds or using a firearm while under the influence of drugs or alcohol.
Typical instances leading to such charges include bar fights or traffic stops where an individual is found to have a concealed weapon. Arizona’s concealed carry laws are generally more relaxed than those of other states because it is a “Constitutional carry” state, which means concealed carry is permitted without a permit in some circumstances. However, carrying a concealed weapon in a restricted zone without a permit or under the influence can lead to misconduct charges.
Use of a Firearm in Commission of a Crime
Using a firearm while committing a crime significantly increases the severity of the crime and its penalties. An example of this is armed robbery, where the robbery itself is already a crime, but committing the offense with a firearm increases the seriousness of the crime. Such crimes often carry mandatory minimum prison sentences.
Crimes committed using violent weapons are also considered “dangerous crimes” and can lead to increased penalties, such as lengthy prison sentences. For example, assault crimes are elevated in severity when aggravating factors, like the use of a weapon, increase the deadliness of the incident, and penalties are more severe.
Unlawful Discharge of a Firearm
Unlawful discharge of a firearm is a serious offense. Generally, this offense prohibits firing a weapon into the air without a valid reason, firing a weapon recklessly, or even firing a weapon accidentally. These acts put others at risk and can result in felony convictions, prison time, and lost gun privileges. You can even be charged for using a gun on your own property if the act is deemed reckless or if you are putting other people in danger.
Carrying a Weapon into Prohibited Locations
In Arizona, those who possess firearms are prohibited from carrying them into specific locations.
Some of these locations include:
- Schools
- Federal buildings
- Courthouses
- Airports
- Private property (particularly those that explicitly ban guns via public signage)
- Public events
- Polling stations
It’s a criminal offense to carry a gun into these establishments, even if you didn’t intend any harm by doing so. Private retailers routinely post signs declaring no guns on their premises, and trespassing or weapons charges can result from violating these regulations.
Possession of Illegal Firearms or Modifications
Not all types of firearms and modifications are legal in Arizona. For example, fully automatic guns, sawed-off shotguns, and suppressors without authorization are all illegal. Possessing these items can lead to criminal charges and severe penalties, even if they are not in use or functional.
Penalties for Common Gun and Weapon Offenses in Arizona
Arizona’s gun laws have stiff penalties and are often considered felonies, though some misconduct charges are misdemeanors.
Common Arizona gun offenses carry mandatory minimum jail or prison sentences, as well as fines:
- Class 3 Misdemeanor (such as carrying a weapon when you are under the age of 21): Up to 30 days in jail and a fine of $500
- Class 2 Misdemeanor (such as negligent discharge of a firearm): Up to 4 months in jail and a fine of $750
- Class 1 Misdemeanor (such as possession of a firearm on school grounds): Up to 6 months in jail and a fine of $2,500
- Class 6 Felony (such as illegal sale or transfer of a weapon): 1.5 to 3 years in prison and a fine of up to $150,000
- Class 5 Felony (such as another crime committed while in possession of a deadly weapon): 2 to 4 years in prison and fines of up to $150,000
- Class 4 Felony (such as possession of a prohibited weapon):4 to 8 years in prison and fines of up to $150,000
- Class 3 Felony (such as selling or supplying a prohibited weapon to someone who intends to use it to commit a felony): 5-15 years in prison and fines of up to $150,000
- Class 2 Felony (such as discharging a firearm at a structure): 7 to 21 years in prison, fines of up to $150,000, and revocation of your driver’s license for at least two years
- Class 1 Felony (such as aggravated assault with a deadly weapon that results in death): As only two crimes in Arizona are considered Class 1 felonies, 1st and 2nd-degree murder, penalties are severe and can result in either 10 to 29 years in prison (2nd-degree murder) or life imprisonment/death penalty (1st-degree murder)
In addition to criminal consequences, offenders may face additional penalties such as losing their gun rights and the potential to lose other freedoms like driver’s or professional licenses. These charges can also lead to trouble securing housing and employment.
It is important to note that the above penalties are mandatory minimum penalties for first offenses. Certain factors can lead to harsher sentences, including previous convictions, especially for violent crimes.
In addition, aggravating factors can lead to the elevation of misdemeanor or minor felony charges to major felony charges. For instance, possession of a weapon during a robbery could result in a heavier sentence under Arizona’s dangerous offense statutes. Aggravating circumstances can also include crimes against populations that are vulnerable to violence such as children or the elderly, inflicting severe injuries, committing a weapons crime for financial gain, wearing a disguise during the commission of the crime, using a weapon against a public official, or other factors considered depraved, cruel, or heinous.
Defenses Against Firearm Charges in Arizona
If you’ve been charged with a firearm offense in Arizona, it’s crucial to secure the assistance of a skilled criminal defense attorney. The right attorney can help you prove that extenuating circumstances led to your charges or that mitigating factors in your case led to your unfair or unjust arrest. A solid defense could mean a reduction in your charges and penalties or even a dismissal.
Some common defenses include:
Lack of Knowledge
Lack of knowledge in Arizona could be a viable defense for individuals accused of firearm crimes if they didn’t know they had a firearm in their possession or were unaware of their limitations. For instance, someone renting a car could accidentally drive around with a gun left in the car by the owner.
In a similar manner, a gun owner barred by a prior conviction could claim that they were not informed of their restricted status. In these cases, demonstrating a lack of intent and ignorance of the law can have an important effect on the trial outcome.
Self-Defense
Arizona’s self-defense statutes cover those who shoot to prevent injury to themselves or others. It is important to show that the danger was real and the response is proportionate to the threat of harm. For instance, if someone protects themselves with a gun against an intruder in their home, they can claim self-defense. However, if two individuals get into a fight, then one walks away, and the other visits his home the next day to shoot him in revenge, this does not count as self-defense.
Unlawful Search and Seizure
Unlawful search and seizure is a key defense in firearms cases where police violate the Fourth Amendment. This is often the case in Arizona when traffic stops, house sweeps, or pat-downs are made without warrants or probable cause. For example, if officers find a gun during an illegal search of a car, the evidence collected can be barred from admission in court.
Likewise, entering a house without a warrant or a compelling reason can invalidate evidence obtained under false pretenses. The defense attorney must prove that the police acted outside their authority, which can seriously compromise the prosecution’s case. If an unlawful search is successfully challenged, the charges may be dropped or lowered to protect the accused’s interests.
Mistaken Identity
Mistaken identity is a defense that arises when a defendant is wrongfully identified as the perpetrator. In Arizona, this type of incident is often a result of eyewitness, video, or forensic misidentification errors. For instance, if a gun is used to commit a crime and is then stolen, the wrong person could be accused of committing the crime.
Additionally, police may erroneously associate a weapon with someone just because it is near them, for example, in a common car or public space. Convincing mistaken identity typically entails submitting alibi testimony, exposing procedural mistakes, or showing inconsistencies in the prosecution’s evidence.
Improper Evidence Handling
Improper evidence handling can make a significant difference in Arizona firearm cases. When law enforcement does not follow protocols in the collection, storage, or transport of evidence, it can undermine its validity.
For example, a broken chain of custody where evidence passes through multiple hands without a record may cause its credibility to be brought into question. Additionally, falsified or tainted evidence may result in dismissed charges.
Lack of Intent To Commit a Crime
Another critical way to avoid gun charges is to prove that no criminal intent was involved in the defendant’s actions. Arizona statutes often stipulate that the accused must prove they knew they committed a crime. There may be insufficient proof of intent for the prosecution to succeed.
For example, a person may borrow a friend’s car, unaware that a gun is in the car. If the defendant gets pulled over and the police discover the gun, they can argue that they did not know the gun was there and, therefore, did not intend to possess it.
In addition, a person who is a new resident of Arizona may not be well-informed of the gun laws. While ignorance of the law does not guarantee acquittal, it can help decrease the severity of the penalties.
Some acts, although legal, can be construed as criminal. Someone who openly carries a gun in compliance with Arizona’s open-carry law, for instance, could be accused of wielding a weapon if someone else sees their act as threatening.
Constitutional Violations
Constitutional violations are effective tools in gun cases if a defendant’s Second Amendment rights were violated. Usually, these defenses begin by questioning whether the law was violated in a particular situation.
A law restricting the possession or use of a firearm is unconstitutional if it is unclear or overly broad. If, for instance, a law fails to mention what constitutes an “illegal firearm modification,” a defendant might argue that they were unlawfully penalized by a vague law.
A constitutional argument can arise if it appears that gun laws are being disproportionately applied. For example, targeting people based on race, gender, or economic position. A prosecutor might cite statistics or instances of selective enforcement as grounds for appeal.
How The Valley Law Group Can Help
Firearm offense charges in Arizona can be intimidating and even frightening, but you don’t need to battle the system alone. The Valley Law Group has many years of experience representing clients in cases involving all types of firearm charges, from illegal possession to aggravated assault with a deadly weapon.
Each case is different, and there is no one-size-fits-all model for criminal defense. The Valley Law Group’s skilled firearms defense attorneys build a personalized defense for each client based on their individual situation. Proving a lack of intent, questioning the prosecution’s evidence, or asserting constitutional claims may all be used to construct a solid defense, depending on the circumstances of each case.
The lawyers at The Valley Law Group are outspoken supporters of Second Amendment rights. We are dedicated to preserving your right to carry along with other freedoms the US Constitution provides. If your rights were violated leading up to your arrest, our team can establish the framework necessary to reduce or dismiss the charges.
When your freedoms are in jeopardy, you need a team that will fight for your future. The Valley Law Group strives to provide a formidable representation that holds the police responsible for procedural mistakes and gives clients the greatest chance of a positive outcome. We have a proven track record of success and client satisfaction and have achieved favorable results for our clients facing gun charges, whether in the form of dismissals, acquittals, or reduced charges and penalties.
Protecting Your Rights in Firearm Cases
Arizona carries heavy penalties for possession of a firearm, including large fines, long jail or prison terms, and forfeiture of certain constitutional rights. If you’ve been accused of illegal possession, unlawful discharge, or any other crime involving a weapon, you should quickly take steps to defend yourself and ensure your rights are respected.
The attorneys of The Valley Law Group are prepared to construct a solid defense on your behalf. We can represent you every step of the way, providing knowledge of Arizona’s gun laws and individualized legal representation. Don’t let a firearm charge ruin your future; contact The Valley Law Group today to schedule a free consultation and begin preparing your defense.
Sources:
- Arizona Revised Statutes § 13-3101: Definitions for weapons and explosives
Arizona Legislature. (2024). Arizona Revised Statutes § 13-3101: Definitions for weapons and explosives. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/03101.htm - Arizona Revised Statutes § 13-3102: Misconduct involving weapons
Arizona Legislature. (2024). Arizona Revised Statutes § 13-3102: Misconduct involving weapons. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/03102.htm
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
