Prohibited Possessor

Under Arizona law, certain individuals are prohibited from possessing firearms or other deadly weapons. A.R.S. § 13-3101 defines who qualifies as a prohibited possessor, and A.R.S. § 13-3102(A)(4) makes it a crime for such a person to possess a deadly weapon.

Who Is a Prohibited Possessor?

• A person convicted of a felony, unless civil rights have been restored
• A person currently on probation for a domestic violence conviction
• A person found to constitute a danger to self or others and ordered to undergo treatment under Title 36
• A person found incompetent to stand trial or acquitted by reason of insanity
• A person serving a term of imprisonment in a correctional or detention facility
• An undocumented alien or a nonimmigrant alien

Penalties

Possession of a deadly weapon by a prohibited possessor is a Class 4 felony. If the weapon is used in the commission of a crime, the penalties increase substantially. Conviction also results in the permanent loss of gun rights, absent subsequent restoration.

Defenses

Defenses include demonstrating that civil rights were previously restored, challenging the underlying felony conviction, disputing actual knowledge of the weapon, or arguing that the search and seizure violated the defendant’s constitutional rights.