If you are accused of weapons charges, illegal possession of a firearm, or any gun charge in Arizona, you probably know that you are at risk of prison time. Now is not the time to take matters into your own hands. Any illegal gun charge has the potential to be a major criminal prosecution.
Contact us for a free criminal case evaluation as soon as possible. We will analyze the facts of your case and help you assess your best options to protect yourself against the worst outcomes and harshest penalties. Call for a consultation on your case today.
Even a minor misconduct involving weapons misdemeanor charge due to a gun permit issue can be a real legal problem. And it goes without saying that felony gun charges, including use of a weapon in commission of a crime increases the seriousness of the crime.
For instance, threatening someone with their life is much more serious in the eyes of the law if you have a gun or other weapon in your possession. You are seen as a more dangerous threat if you have a weapon.
Some weapons charges are crimes onto themselves while others are simply elevations of separate, already existing crimes.
How Do Arizona Gun Laws Work?
Before examining the laws and penalties regarding specific weapons and actions, it is important to understand how the state of Arizona defines some terms.
Prohibited weapons: these include any weapon that is completely illegal in the state of Arizona. Such weapons include, but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nunchucks.
Deadly weapons: any weapon designed for lethal use, including firearms.
Firearms: any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.
Explosive: dynamite, nitroglycerine, black powder, or plastic explosives.
Arizona Misconduct Involving Weapons – Laws & Penalties
There are several ways you can be charged with Misconduct Involving Weapons under Arizona gun laws. The potential classification and subsequent sentence depends on the circumstances of the case:
Misconduct Involving Weapons Class 1 Misdemeanor
The following are punishable by up to 6 months in jail:
- carrying a concealed weapon without a permit
- carrying a deadly weapon into a election polling place, school grounds, or onto public premises or into an event if you have been asked not to.
Misconduct Involving Weapons Class 6 Felony
The following are punishable by up to 1 year in prison:
- selling or transferring a deadly weapon to someone who is prohibited to have it
- defacing a deadly weapon
- possessing a defaced deadly weapon
Misconduct Involving Weapons Class 4 Felony
The following are punishable by up to 2 ½ years in prison:
- manufacturing, selling, or possessing a prohibited weapon
- possessing a deadly weapon if you are prohibited to (a convicted felon, for example)
- possessing a deadly weapon in the commission of a felony
- entering a nuclear plant with a deadly weapon
Misconduct Involving Weapons Class 3 Felony
The following are punishable by up to 3 ½ years in prison:
- discharging a firearm in an occupied area in the furtherance of gang activity
- giving or selling a firearm to another person knowing that they are going to use it in the commission of a felony
- using a deadly weapon in an act of terrorism
See: Arizona Misconduct Involving Weapons Laws ARS 13-3102
Unlawful Discharge of a Firearm – Laws & Penalties
If you unlawfully fire a weapon you may be charged with this Class 6 felony. With the exception of supervised firing ranges and hunting grounds, this offense can result in up to 1 year in prison.
Ref: Arizona Unlawful Discharge of a Firearm Laws ARS 13-3107
Other Arizona Gun Law Issues
In the State of Arizona, even a minor domestic violence conviction can forever prohibited you from possessing a firearm. If you are unsure if you are legally allowed to possess a firearm, contact an attorney.
Weapons offenses are a serious matter. Because of the potential for violence involved and the sensational headlines that gun cases create in the media, prosecutors prosecute these cases aggressively and judges handle these charges in a strict manner. While the state may be against you, an experienced criminal defense attorney on your side will even the odds. You are innocent until proven guilty, and deserve to be treated that way.
Call us right away, anytime for an evaluation of your case and some expert advice.
