Introduction

Arizona has some of the most liberal gun laws in the United States. However, it also has some of the harshest consequences for violating the regulations that are in place. To understand what constitutes a weapons offense in Arizona, we seek to provide an overview of weapons law.

Important Definitions

Before a discussion on weapons offenses in Arizona, it is important to understand what qualifies as weapon. Below are several important definitions necessary to understanding weapons law in Arizona.

A prohibited weapon includes the following:

• A bomb, grenade, or rocket having a propellant charge of more than four ounces, or mine that is explosive, incendiary, or poison gas
• A device designed, made, or adapted to muffle the report of a firearm
• A firearm capable of shooting more than one shot automatically, without manual reload, by a single function of the trigger
• A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
• A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited
• A chemical or combination of chemicals, compounds, or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture, or bursting
• An improvised explosive device

A deadly weapon is defined separately and is anything that is designed for lethal use. Firearms are deadly weapons. A firearm is defined as any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. A firearm that is permanently inoperable is not included in this definition.

One should also be aware of what constitutes a prohibited possessor of weapons. A prohibited possessor can take a number of forms. The most common types of prohibited possessors are those people who fall into the following categories:

• Those who are subject to a court order that prevents them from possessing a weapon. This may include people considered to be a danger to themselves or those with a disability.
• People with a prior felony conviction. In some circumstances, those with prior felony convictions may restore their right to retain a firearm. However, until this has been completed, prior felony convictions are a bar to possessing a deadly weapon.
• People who have been convicted of a crime and are currently on probation, parole, or under community supervision.
• Those people who have been a defendant in a criminal trial and found guilty, but insane under the law.
• Undocumented or non-immigrant aliens traveling with or without documentation within the state.

Weapons Offenses: Weapons Misuse

In Arizona, there are multiple types of offenses that constitute the misuse of weapons. The most common ways that a weapon owner should be aware of are listed below.

• Carrying a deadly weapon (except a pocket knife) to be used in furtherance of a crime, failing to disclose the possession of the weapon to a law enforcement officer, or where the possessor is under 21 years of age,
• Knowingly possessing dry ice with the intent to cause injury or damage,
• Where a prohibited possessor possesses a deadly weapon,
• Where a person sells or transfers a deadly weapon to a prohibited possessor,
• Defacing a deadly weapon or possessing a defaced deadly weapon,
• Using or possessing a deadly weapon during the commission of a felony,
• Discharging a firearm in an occupied building with the intent to assist or promote a criminal street gang, criminal syndicate, or a racketeering enterprise,
• Attending a public event with a deadly weapon on one’s person after a reasonable request to secure the weapon with the event operator; or,
• Possessing a deadly weapon on school grounds.

The most common way in which one may be charged under the misuse of weapons statute is where someone is found to be a prohibited possessor.

This does not provide a comprehensive list of the ways weapons can be misused in Arizona. Given the seriousness of a weapons misuse charge, it is crucial that anyone charged with such offense, contact an attorney.

Crimes Involving Weapons That Enhance a Felony Charge

Sometimes, a standard criminal offense may become an aggravated offense, and thus more serious, because of the use or possession of a deadly weapon. For example, an individual may use a deadly weapon during a drug offense or in the course of conducting an assault. This would result in an aggravated felony and the potential for a longer prison sentence.

Unlawful Discharge of Firearms

A person may also be charged with a weapons offense if they negligently discharge a firearm within or into the limits of a municipality. Doing so constitutes a class 6 felony, which subjects a person to a penalty of a minimum of .5 years to a maximum of 2 years in prison.

Penalties for Weapons Offenses

The type of penalty given for weapons offenses has a broad range from less serious class 3 misdemeanors to the most serious class 2 felonies. If you believe you have been involved in a weapons offense, it is always best to contact an attorney in order to fully assess the seriousness of your case.

Below is a very brief overview of the different penalties associated with common offenses. The following offenses will be considered class 1 misdemeanors and punishable with up to six months in jail and/or fines up to $2,500.

• Possessing a deadly weapon on school grounds
• Entering a public setting with a deadly weapon and without authorization
• Entering a polling place on election day with a deadly weapon without authorization, and
• Carrying a deadly weapon while traveling by any means of transportation and failing to answer when asked by a law enforcement officer if the accused is carrying a concealed deadly weapon.

Offenses which face class 4 felonies, and prison terms ranging from four to eight years, include:

• Manufacturing, possessing, transporting, selling, or transferring a prohibited weapon,
• Entering a nuclear or hydroelectric generation station with a deadly weapon,
• Possessing a deadly or prohibited weapon without authorization, and
• Using a weapon during the commission of a felony.

An individual will be charged with a class 2 felony, facing a minimum of seven and a maximum of 21 years in prison where:

• An individual uses, possesses, or exercises control over a deadly weapon in furtherance of any act of terrorism

Contact an Attorney for Representation

Weapons offenses are a very expansive area of Arizona law and the circumstances surrounding the incident make each charge unique. In order to best understand your case and what penalties are stake, it is best to contact an experienced criminal law attorney to see your case through the criminal justice system.