Misconduct Involving Weapons

A.R.S. § 13-3102 is Arizona’s primary weapons offense statute, covering a broad range of conduct related to the illegal possession, use, or distribution of firearms and other weapons. Despite Arizona’s permissive gun laws — adults 21 and older may carry openly or concealed without a permit — the statute defines numerous circumstances where possession or use of a weapon is illegal.

Common Charges Under § 13-3102

• Carrying a deadly weapon to further a serious offense, violent crime, or felony
• Manufacturing, possessing, or transporting a prohibited weapon
• Possessing a deadly weapon as a prohibited possessor
• Selling or transferring 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
• Carrying a concealed weapon under the age of 21
• Bringing a weapon onto school grounds or into a polling place, nuclear facility, or hydroelectric generating facility

Penalties

Penalties vary widely depending on the specific subsection charged. Carrying a concealed weapon under 21 is a Class 3 misdemeanor. Possessing a weapon as a prohibited possessor or possessing a prohibited weapon is a Class 4 felony. Weapons misconduct in furtherance of terrorism is a Class 2 felony. Where a dangerous offense is alleged, mandatory prison time applies.

Defenses

Defenses include challenging whether the defendant was actually a prohibited possessor, arguing the search that produced the weapon was unlawful under the Fourth Amendment, establishing that the weapon was located on the defendant’s own property, and disputing the element of knowledge.