In this article, you will learn:
- Who qualifies as a prohibited possessor in Arizona
- What penalties may apply if you are accused of possessing a weapon
- Common situations that lead to prohibited possessor charges
- Possible defense strategies
- What to avoid after being charged
- When to contact an Arizona weapons charges attorney
Prohibited possessor status places severe restrictions on your right to buy and use firearms and other weapons. Like other weapons charges, prohibited possessor charges are serious and can affect the rest of your life.
If you are a prohibited possessor in AZ, it’s important to understand the penalties. Learn more about this status and what to expect when facing weapons charges, then reach out to The Valley Law Group to begin crafting your defense.
What Is a Prohibited Possessor in Arizona?
In Arizona, a prohibited possessor is someone who is legally barred from owning firearms and other deadly weapons.
As defined in Arizona Revised Statutes § 13-3101, prohibited possessors can be people who:
- Have been convicted of a felony
- Are found to be a danger to themselves or others
- Are found to be gravely or acutely disabled
- Are serving time in prison
- Are subject to certain probation or parole terms
- Have not had their right to own a firearm restored
Prior convictions for certain Arizona gun charges can lead to designation as a prohibited possessor. The same statute defines what is considered a prohibited weapon.
Along with most types of firearms, prohibited weapons can include:
- A bomb or grenade
- Chemicals that can create an explosion-causing gas
- Items designed to muffle firearms
- Improvised explosives
If you are not sure whether you’re considered a prohibited possessor, owning a firearm or other weapon could be risky. A thorough understanding of your legal standing is necessary to ensure your freedom. Check out The Valley Law Group’s weapon crime defense resources for additional information.
Why Prohibited Possessor Charges Are Serious
Arizona is considered a gun-friendly state that generally respects its citizens’ right to bear arms under the Second Amendment. Still, the state maintains that anyone legally prohibited from possessing weapons does not share those same rights. Arizona takes gun crimes very seriously, especially since research revealed that Arizona has the 14th highest gun death rate in the country (Johns Hopkins Center for Gun Violence Solutions, 2023).
As a result of Arizona’s tough stance on gun crimes, violations of prohibited possessor laws can be severe. If you are a prohibited possessor found in possession of a deadly weapon, you face charges of misconduct involving weapons in Arizona. This is a very serious charge that can carry heavy legal penalties and potentially lead to even more restrictions on your rights.
Penalties for Being a Prohibited Possessor in Arizona
Simply being a prohibited possessor is often a penalty in itself; outside of disability or mental health status, the designation is typically assigned as a penalty for another crime and prohibits access to weapons. Once you are a prohibited possessor, if you are found in possession of a weapon, you will face prohibited-possessor charges and their associated penalties. It is important to note that this can even extend to weapons you don’t own, such as when another person leaves a weapon in your vehicle or home, and law enforcement believes you were aware of its presence.
Prohibited possessor cases range in severity depending on many factors, including:
- Prior convictions
- The type of weapon possessed
- Whether other criminal charges are involved
- The circumstances of the possession
Possible consequences can vary widely according to the circumstances of the case.
Penalties may include:
- Additional felony charges
- Jail or prison time
- Probation
- Heavy fines
- Extended loss of your firearm rights
- Loss of voting rights
A conviction for prohibited possession charges adds to your permanent criminal record, which can make it more difficult to obtain employment and housing. Convictions can also limit your access to certain government programs and forms of aid.
It’s important to note that committing other crimes while in possession of a weapon as a prohibited possessor increases the severity of the associated penalties. For example, crimes like aggravated assault with a deadly weapon become more serious when linked with your status as a prohibited possessor. Similarly, common firearms offenses like unlawful discharge of a firearm or possession of illegal firearm modifications can result in enhanced penalties for prohibited possessors.
Work with a skilled Arizona weapons charges lawyer to develop a defense strategy that considers all aspects of your case.
Common Situations That Lead to Prohibited Possessor Charges
While you may be aware that prohibited possessors cannot purchase or own a firearm in Arizona, it’s important to consider how these charges can arise. There are many ways you can find yourself facing charges, and understanding common situations can help you avoid them or determine whether your case falls into an established precedent.
Situations that often lead to prohibited possessor charges include:
- Proximity to a weapon after conviction of prior felony charges
- Police found a weapon during a traffic stop
- Firearms found in your home, vehicle, or other shared space
- Restrictions stemming from a domestic violence case
- Violation of weapons-specific terms of probation or parole
- Unlawful discharge of a firearm
- Failing to have your firearm rights restored after prison or another conviction
- Gun trafficking charges
Since Arizona typically allows its citizens to carry concealed firearms, many people assume that they can continue to do so after a criminal conviction. However, Arizona’s concealed carry laws do not apply to prohibited possessors. Being caught with a concealed weapon as a prohibited possessor, even if you previously held a concealed carry permit, will likely result in additional criminal charges.
Remaining compliant with all of Arizona’s firearm laws is crucial for maintaining your freedom. If you are facing weapons charges or have in the past, understanding how your rights may change can prevent you from unintentionally committing further crimes.
Attorney Insight from Jon McCarty
Prohibited possessor cases often come down to the details: whether the person knew the weapon was there, whether they had control over it, and whether their rights had been restored. An early defense review can help identify issues with the search, the evidence, or the state’s ability to prove possession.
Possible Defenses Against Prohibited Possessor Charges
Facing weapons charges doesn’t automatically mean you will lose your firearm rights; if you’re a prohibited possessor, being in proximity to a weapon doesn’t necessarily mean you will be convicted of further charges. Mounting a strong criminal defense is the best way to retain your rights or avoid other penalties for being a prohibited possessor in Arizona.
Depending on the circumstances of your case, consider these options for your defense:
The Weapon Wasn’t Yours
In some cases, police may find a firearm seemingly in your possession, but you may not have known it existed.
This defense relies on three elements:
- The weapon belonged to someone else.
- The weapon was found in a shared space, such as a car, home, or workplace.
- You did not know the weapon’s location and couldn’t reasonably have been expected to.
If your case involves these circumstances, it may be possible to secure dismissal of your charges or a reduction of your charges.
Unlawful Collection of Evidence
Sometimes, law enforcement officers don’t adhere to the law when collecting evidence for weapons charges. Any evidence obtained unlawfully is inadmissible in court, especially if police violated your rights. Unlawful collection of evidence can involve searches without a warrant or reasonable suspicion.
An officer’s unlawful acts during the investigation of a prohibited possession charge can violate other fundamental rights. For example, unlawfully arresting a suspect or seizing property without proper authority can damage a prosecutor’s case.
Challenging Key Elements of the Charge
Yet another defense strategy an Arizona criminal defense attorney may utilize is challenging key elements of the charge, such as the prosecution’s definitions or proof. For example, the item found in your possession may not meet the legal definition of a prohibited or deadly weapon, potentially making it lawful for you to possess.
In other cases, you may have previously been a prohibited possessor but successfully restored firearm rights in AZ. Proving that your rights were restored can show that the current charges against you are based on inaccurate information. Sometimes, the state is unable to prove your status as a prohibited possessor, perhaps due to improper record-keeping or because your status has changed.
Any of these situations might present an opportunity to mount a stronger defense and help you retain your firearm rights. While it’s not always possible to have charges dismissed entirely, you may still be able to secure a more favorable outcome with the help of a seasoned defense lawyer.
What Not to Do After Being Charged
After being charged with a weapons crime, you may feel panicked and overwhelmed. It can be tempting to justify yourself to the police or try to take a deal to resolve the situation more quickly. However, doing so can potentially hurt your case in the long run.
Without first speaking to a defense lawyer, you should never:
- Explain yourself to the police
- Answer interrogation questions beyond invoking your right to a lawyer
- Assume a case is less severe than it may turn out to be
- Speak to potential witnesses in a case
- Tamper with evidence in any way, including hiding or destroying it
- Accept a plea deal
- Discuss details of your case with anyone other than your lawyer
- Make promises to law enforcement, loved ones, or others involved in the case
Consult with a criminal defense attorney in Arizona before making any important decisions. A skilled attorney can help you learn how to protect your rights and avoid damaging your case. A successful defense can protect your future and possibly prevent you from gaining a permanent criminal record.
The Importance of Remaining Calm Under Pressure
Many mistakes made after an arrest come from a person panicking and not knowing what to do next. These situations can be intimidating, especially when police have much more power than you do. It can be helpful to remember that one of the best things you can do for yourself is to remain silent.
Legal precedent requires defendants to explicitly invoke their right to remain silent. You can do this simply by saying, “I wish to invoke my right to remain silent and speak with a lawyer.”
Once you’ve done this, it’s recommended not to speak any more until you’ve been able to consult a lawyer. If you’re worried about eventually facing weapons charges, even if undeserved, it can be helpful to rehearse the above statement and practice staying calm so you don’t panic.
When to Call a Weapons Charges Attorney
The sooner you get legal guidance, the more time you have to begin building a defense and protecting your rights.
Contact a weapons charges attorney if:
- You are questioned or arrested by the police.
- You or your property is searched.
- You are accused of having an illegal firearm.
- You have previous restrictions that may affect your rights.
Postponing legal help can lead to mistakes that damage your case. Weapon charges in Arizona typically carry penalties that can affect you for the rest of your life. The more protection you put in place now, the better your chances of attaining a more favorable outcome.
Frequently Asked Questions About Prohibited Possessor Charges in Arizona
Talk to an Arizona Weapons Charges Attorney
When you are facing weapons charges, including prohibited possessor charges, in Arizona, you need a lawyer you can trust to secure your rights and your freedom. At The Valley Law Group, we have experience helping clients across Phoenix, Gilbert, Scottsdale, Peoria, and the rest of Arizona.
Responding to weapons charges requires quick, thorough action. With a deep understanding of the law and experience in Arizona courts, our criminal defense lawyers can help you make sense of your charges and the challenges ahead. Then, we can build a strategy that considers all the facts and helps you work toward the best potential outcome.
Learn more by contacting our firm to request a consultation.
Sources:
- Arizona Judicial Branch. (n.d.). Sealing records. Retrieved July 2, 2026, from https://www.azcourts.gov/selfservicecenter/criminal-law/sealing-records
- Maricopa County Superior Court Law Library Resource Center. (n.d.). Expungement forms. Retrieved July 2, 2026, from https://superiorcourt.maricopa.gov/llrc/crsr1/
- Arizona Revised Statutes § 13-911. (n.d.). Sealing of criminal case records; requirements; procedure. Retrieved July 2, 2026, from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00911.htm
- Arizona Judicial Branch. (n.d.). Proposition 207: Marijuana expungement. Retrieved July 2, 2026, from https://www.azcourts.gov/prop207
Jon McCarty has broad experience in a wide variety of criminal defense and 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. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.