At Garcia and Garcia Law Firm, we understand the complexities and seriousness of gun and weapon charges in Arizona. The state’s strict firearm laws mean that anyone facing a gun-related offense is at risk of severe penalties, including lengthy prison sentences and substantial fines. Whether you knowingly committed a firearm-related offense or were unaware that your actions violated the law, our experienced legal team is here to provide aggressive, personalized defense.
Understanding Arizona’s Gun and Weapon Laws
Arizona’s firearm laws are defined under Arizona Revised Statutes (ARS) 13-3101, which covers everything from definitions of firearms to categories of prohibited weapons and legal penalties for gun-related misconduct.
Key Definitions Under Arizona Law:
- Deadly Weapon: Any weapon designed for lethal use, including all firearms.
- Firearm: A loaded or unloaded revolver, rifle, shotgun, or handgun designed to expel a projectile through an explosion, excluding inoperable firearms.
- Explosive Device: Combustible materials such as black powder, dynamite, and plastic explosives, excluding ammunition components like smokeless powder and primers.
- Prohibited Weapons: Includes grenades, silencers, short-barreled rifles or shotguns, incendiary devices, automatic rifles, and nunchaku.
- Prohibited Possessor: Individuals barred from firearm possession, including convicted felons, those on probation for domestic violence, undocumented aliens, and individuals deemed mentally incompetent by the court.
Common Gun and Weapon Charges in Arizona
Under ARS 13-3102, misconduct involving weapons includes:
- Possession of a Weapon to Commit a Crime: Carrying a weapon during the commission of a felony or violent crime.
- Failure to Notify Law Enforcement: Not informing a police officer of firearm possession during a stop.
- Manufacturing or Selling Prohibited Weapons: Illegal production, sale, or transfer of prohibited firearms and explosives.
- Possession by a Prohibited Possessor: Felons and other restricted individuals found with firearms face harsh penalties.
- Defacing or Possessing a Defaced Weapon: Altering or possessing firearms with removed serial numbers.
- Drive-By Shootings: Discharging a weapon from a moving vehicle at an occupied structure.
- Weapons in Prohibited Areas: Carrying firearms in polling places, school grounds, or power facilities without authorization.
- Weapons Trafficking: Selling or transferring firearms to prohibited possessors or criminal organizations.
Penalties for Gun and Weapon Offenses in Arizona
Gun-related offenses in Arizona carry severe penalties ranging from Class 1 misdemeanors to Class 3 felonies, with potential consequences including:
- Class 1 Misdemeanor: Up to 6 months in jail and fines up to $2,500.
- Class 3 Misdemeanor: Up to 30 days in jail and $500 in fines.
- Class 6 Felony: 1 to 2 years in prison for defacing or selling weapons to prohibited possessors.
- Class 4 Felony: 2.5 to 3.75 years in prison for possessing prohibited weapons or committing felonies with firearms.
- Class 3 Felony: 3.5 to 8.75 years in prison for supplying weapons for felonies, drive-by shootings, or promoting criminal organizations.
Legal Defenses for Gun and Weapon Charges
Our attorneys employ strategic defenses, including:
- Authorized Possession: Proving you were legally permitted to carry the firearm.
- Official Duties: Defending law enforcement officers or military personnel performing official duties.
- Non-Weapons Defense: Demonstrating that the alleged weapon was a legal item such as fireworks.
- Illegal Search and Seizure: Challenging unlawfully obtained evidence.
Contact us today for a confidential consultation and let us protect your Second Amendment rights!
