ARIZONA WEAPONS CHARGES LAWYER

Quick Answer

Arizona is a permissive gun state, but the weapons statutes still reach a wide range of conduct, from carrying in a prohibited place to possessing a firearm as a prohibited possessor. Depending on which paragraph the state charges, the same firearm can support anything from a class 3 misdemeanor to a class 2 felony. We recommend you speak to a criminal defense attorney experienced in handling weapons cases in Maricopa County before your first court date.

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What Counts as a Weapons Charge in Arizona?

Arizona is one of the most permissive states in the country for gun owners. No permit is required to carry openly or concealed, there is no registration, and there is no waiting period. That reputation leads a lot of people to assume weapons charges here are rare or minor.

They are not. What Arizona regulates is not the gun so much as who is holding it, where, and why. Possession that is perfectly lawful for one person in one place is a Class 4 felony for someone else standing in the same spot. Most weapons prosecutions in this state come down to status, location, or intent rather than the firearm itself.

Matthew Lopez Law defends weapons charges throughout Arizona. Contact our firm for a confidential consultation.

The Definitions That Decide Every Case

ARS 13-3101 supplies the vocabulary for every weapons charge in Arizona, and the outcome usually turns on one of these four terms.

Deadly weapon means anything designed for lethal use, including any firearm, loaded or unloaded. Pocket knives are specifically excluded.

Prohibited weapon covers items that are illegal for anyone to possess regardless of record: explosives and improvised explosive devices, fully automatic firearms, silencers, short-barreled rifles and shotguns, and certain other listed items, subject to federal registration exceptions.

Prohibited possessor identifies the people who cannot lawfully possess a deadly weapon at all. This category drives more Arizona felony weapons charges than everything else combined.

Deface means removing, altering, or destroying a manufacturer’s serial number.

The Main Weapons Offenses

Misconduct Involving Weapons Is an Umbrella

ARS 13-3102 is not a single offense. It contains numerous separate subsections covering distinct conduct, and the subsection charged determines the classification. The most frequently charged include:

• Possession by a prohibited possessor, a Class 4 felony and by far the most common weapons felony in Arizona
• Carrying a deadly weapon in furtherance of a serious offense, a Class 6 felony
• Possessing a prohibited weapon, such as a silencer or automatic firearm
• Possessing a defaced deadly weapon
• Failing to accurately answer an officer who asks whether you are carrying a concealed deadly weapon, a Class 1 misdemeanor
• Possession in a prohibited location, including polling places, school grounds, nuclear or hydroelectric facilities, and commercial airport secure areas
• Selling or transferring a firearm to a prohibited possessor
• Defacing a deadly weapon

Because the classification tracks the subsection, the first question in any misconduct case is which paragraph the state actually charged and whether its specific elements are met.

Who Is a Prohibited Possessor

This is where most people get caught off guard, because many prohibited possessors have no idea their gun rights are gone. Under ARS 13-3101(A)(7), the category includes people who:

• Have been convicted of a felony in Arizona or any other jurisdiction and have not had civil rights restored
• Are serving a term of imprisonment or are on probation or parole for a felony or a domestic violence offense
• Are subject to a court order that prohibits firearm possession, including many orders of protection
• Have been found to constitute a danger to self or others, or to have a persistent or acute disability, under ARS 36-540, and have not had that finding set aside
• Have been found incompetent or not guilty by reason of insanity
• Are in the country unlawfully, which also triggers federal exposure under 18 U.S.C. 922(g)(5)

Separately, federal law under 18 U.S.C. 922(g)(9) imposes a lifetime firearm ban on anyone convicted of a misdemeanor domestic violence offense. That federal bar applies even when Arizona law would not otherwise prohibit possession, and it catches people who pleaded to a minor misdemeanor years ago without being told.

Possession Is Broader Than Holding

Arizona recognizes constructive possession, which means you can be charged without the weapon ever being in your hand. A firearm in a glovebox, under a seat, in a shared bedroom, or in a residence where several people live can be attributed to a defendant who knew it was there and had the ability to control it.

Constructive possession is the single most contested issue in prohibited possessor cases. Shared vehicles, shared homes, weapons belonging to a spouse, and firearms left behind by a previous occupant all produce charges where the state’s proof of knowledge and control is genuinely thin.

Sentencing Exposure

Prior felony convictions raise every range under ARS 13-703. Weapons used or exhibited during another felony can trigger dangerous offense sentencing under ARS 13-704. Weapons themselves are subject to forfeiture under ARS 13-3105.

Common Defenses

Not a prohibited possessor. Civil rights may have been restored, the prior may have been set aside, the out-of-state conviction may not qualify, or the underlying order may have expired.

No knowing possession. The state must prove knowledge and the ability to control. Shared spaces and shared vehicles cut against that proof.

Fourth Amendment suppression. Weapons cases live or die on the search. Stops without reasonable suspicion, searches exceeding their scope, and defective warrants all lead to suppression, and without the weapon there is no case.

The item is not a deadly or prohibited weapon. Statutory definitions are specific, and not every knife, tool, or modified firearm falls inside them.

Wrong subsection. Where the charged paragraph’s elements are not met, the correct charge may be a much lower class.

Restoring Gun Rights

Losing firearm rights is not always permanent. ARS 13-905 allows qualifying convictions to be set aside after the sentence is complete, and ARS 13-910 provides a path to restoration of firearm rights for certain offenders. Federal firearm bars arising from domestic violence convictions operate separately and are not cured by an Arizona set aside.

Contact Matthew Lopez Law

Arizona weapons charges turn on status, location, and knowledge rather than the firearm itself, and they are frequently built on a search that will not survive scrutiny. Early review of the stop, the search, and the prohibited possessor allegation is what determines whether a case ends in a felony or ends entirely.

We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.

Contact us for a free consultation.

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Maricopa County Superior Court

• Address 201 W Jefferson St, Phoenix, AZ 85003
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