Arizona Misconduct Involving Weapons Lawyers
Charged with misconduct involving weapons under A.R.S. § 13-3102? The most common form, a prohibited possessor in possession of a firearm, is a Class 4 felony, and a weapon tied to a drug, gang, or terrorism offense can be a Class 2 or 3 felony. The search and your prohibited status are the battlegrounds. Do not consent to a search or talk to police, call us first.
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What Is Misconduct Involving Weapons in Arizona?
Quick answer: Misconduct involving weapons under A.R.S. § 13-3102 is a broad statute covering many gun-related acts. The most common charge is being a prohibited possessor, someone barred by a felony conviction, probation, or court order, who knowingly possesses a deadly weapon, a Class 4 felony. Other forms include possessing a defaced firearm (Class 6), possessing a prohibited weapon like a sawed-off shotgun (Class 4), selling or giving a gun to a prohibited possessor or minor (Class 3), and carrying a weapon in a prohibited place (often a Class 1 misdemeanor). The most serious forms, a weapon used in furtherance of a drug felony, a criminal street gang, or terrorism, are a Class 2 or 3 felony.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending misconduct involving weapons and other violent crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Misconduct Involving Weapons in Arizona?
- Is misconduct involving weapons a felony in Arizona?
- What is a prohibited possessor in Arizona?
- Can a felon own a gun in Arizona?
- What is the penalty for a felon in possession of a firearm in Arizona?
- How does the State prove I possessed a weapon in Arizona?
- Can a weapons charge be dismissed in Arizona?
- How Arizona Grades Weapons Misconduct
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with misconduct involving weapons in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-3102, the penalties, and the defenses that matter most.
Is misconduct involving weapons a felony in Arizona?
Usually, yes. Most forms of A.R.S. § 13-3102 are felonies, ranging from a Class 6 up to a Class 2. The most common charge, a prohibited possessor with a firearm, is a Class 4 felony. A few forms, such as carrying in a prohibited place, can be a Class 1 misdemeanor.
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When you are looking for the best Phoenix violent crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What is a prohibited possessor in Arizona?
Under A.R.S. § 13-3101, a prohibited possessor includes anyone convicted of a felony whose rights have not been restored, anyone on felony probation or parole, certain people found a danger to self or others, those subject to a qualifying protective order, and undocumented persons. A prohibited possessor cannot lawfully possess a firearm.
Can a felon own a gun in Arizona?
Not unless firearm rights are restored. A felony conviction makes you a prohibited possessor, but Arizona law lets you apply to restore your rights, including firearm rights, after completing your sentence, depending on the offense and waiting period. Until then, possession is a felony.
What is the penalty for a felon in possession of a firearm in Arizona?
Being a prohibited possessor in possession of a firearm under A.R.S. § 13-3102(A)(4) is a Class 4 felony. A first offense carries a range of 1 to 3.75 years with a presumptive term of 2.5 years and is often probation-eligible, but prior felonies sharply increase the exposure.
How does the State prove I possessed a weapon in Arizona?
The State can prove actual possession (on your person) or constructive possession (a gun in your car, home, or area you control, with your knowledge). Mere presence near a firearm is not enough, and proving knowing possession in a shared space is often the weakest part of the case.
Can a weapons charge be dismissed in Arizona?
Often, yes. Nearly every weapons case begins with a stop or search, so if police lacked reasonable suspicion, probable cause, or a valid warrant, we can move to suppress the firearm, and without that evidence the case is frequently dismissed. We also challenge knowing possession and your prohibited status.
How Arizona Grades Weapons Misconduct
A.R.S. § 13-3102 covers a wide range of conduct, from a misdemeanor in a prohibited place to a Class 2 felony tied to terrorism or gangs. The specific subsection sets the class.
| Conduct | Subsection | Felony Class | Exposure (First Offense)* |
|---|---|---|---|
| Carrying in a prohibited place | (A)(10)–(12) | Class 1 Misd. | Up to 6 months jail |
| Possessing a defaced firearm | (A)(3) | Class 6 Felony | Probation to 2 years |
| Prohibited possessor with a weapon | (A)(4) | Class 4 Felony | 1 to 3.75 years |
| Selling / giving a weapon to a prohibited possessor | (A)(5) | Class 3 Felony | 2 to 8.75 years |
| Weapon in furtherance of a gang / terrorism / drug felony | (A)(8),(9),(13) | Class 2/3 Felony | 3 to 12.5+ years |
*Exposure depends on priors, dangerous allegations, and aggravators. Prior felonies sharply increase prison ranges.
What the State Must Prove for Misconduct Involving Weapons
To convict you of Misconduct Involving Weapons under A.R.S. § 13-3102, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Possession. You possessed the weapon, actually or constructively, mere presence near a gun in a shared car or home is not automatically possession.
- 2A deadly weapon or prohibited item. The item was a deadly weapon, a defaced firearm, or a statutorily prohibited weapon, as the charged subsection requires.
- 3Prohibited status or prohibited conduct. You were a prohibited possessor, or the act, defacing, an illegal transfer, or a prohibited place, falls within the statute.
- 4Knowingly. You knowingly possessed the weapon and knew the facts making it unlawful, such as your prohibited status, the most contested element.
Examples of Conduct Charged as Misconduct Involving Weapons
- A person with a prior felony found with a gun in their car or home
- A firearm with a scratched-off or altered serial number
- A sawed-off shotgun, automatic weapon, or homemade explosive
- Selling or handing a gun to someone you know is a convicted felon
- Carrying a firearm onto school grounds or into a polling place
What Sentence Could You Actually Face?
Where you fall depends entirely on the subsection. A prohibited-possessor charge is a probation-eligible Class 4, but a weapon tied to a gang, drug, or terrorism offense can mean years of mandatory prison.
Class 6 / Misd.
Defaced / Prohibited Place
Class 4
Prohibited Possessor
Class 2/3
Gang / Drug / Terrorism
⚠ The Subsection Decides the Case
Misconduct involving weapons is really a dozen different crimes in one statute. The same gun can be a Class 1 misdemeanor in a prohibited place, a Class 4 felony for a prohibited possessor, or a Class 2 felony in furtherance of a gang or drug offense. Identifying and attacking the specific subsection, and the search behind it, is where the defense begins.
How We Fight Arizona Misconduct Involving Weapons Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Search & Possession
Unlawful Stop or Search. Nearly every weapons case begins with a search. If police lacked reasonable suspicion, probable cause, or a valid warrant, we move to suppress the weapon, and without it the case usually collapses.
No Knowing Possession. The State must prove you knew the weapon was present and exercised control over it. A gun in a shared car, home, or borrowed bag is not automatically yours.
Mere Presence. Being near a firearm, or with someone who possessed one, is not possession, the State must tie the weapon to you.
Not a Prohibited Possessor. We verify your actual status, rights may have been restored, the prior may not qualify, or a protective order may not meet the statutory definition.
Attacking the Charge & the State’s Theory
Defeating the ‘In Furtherance’ Allegation. The Class 2 and 3 charges require proof the weapon furthered a drug, gang, or terrorism offense, we rebut that link to drop the charge to simple possession.
Lawful Carry / Constitutional Carry. Arizona allows lawful adults to carry without a permit, conduct the State calls a crime is frequently lawful, especially around concealment and disclosure.
Challenging the Weapon’s Status. Whether a firearm was truly ‘defaced’ or an item is a ‘prohibited weapon’ under the statute is a technical question we contest.
Unlawful Statements. Admissions obtained without Miranda warnings or in violation of your rights can be suppressed and excluded.
The Experts We Bring to the Table
The State builds assault cases with police, ER records, and a one-sided narrative. We answer with specialists who test every piece of it.
Medical & ER Experts
Injury Severity
Independently review the medical records to challenge whether the injury meets Arizona’s narrow definition of ‘serious physical injury,’ which drives the felony class.
Use-of-Force Experts
Reasonableness
Evaluate whether the force used was reasonable and justified under the circumstances, central to a self-defense claim.
Video & Scene Analysts
Surveillance & 911
Recover and analyze surveillance footage, body-worn camera, and 911 audio that often show who the real aggressor was.
Forensic & Wound Experts
Mechanism of Injury
Assess whether the wounds and the alleged weapon are consistent with the State’s account, and with the defense version.
Eyewitness-ID Experts
Identification
Expose the well-documented unreliability of eyewitness identification in chaotic, fast-moving incidents.
Psychological Experts
Threat & Perception
Explain perception of threat and reaction under stress, supporting the reasonableness of a defensive response.
Recent Misconduct Involving Weapons Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles misconduct involving weapons cases across Arizona.
Prohibited-Possessor Charge
Charges Dismissed
An unlawful vehicle search was suppressed, and without the firearm the prohibited-possessor case was dismissed.
Constructive-Possession Case
Not Guilty
We showed the gun belonged to another occupant of a shared home, and the jury found our client not guilty.
Defaced-Firearm Allegation
Reduced
We challenged whether the serial number was truly defaced and our client’s knowledge of it, resolving the case to a minor offense.
Weapon in Furtherance of Drugs
Reduced to Simple Possession
We defeated the ‘in furtherance’ link, dropping a Class 2 felony to a far lesser weapons charge.
Restored-Rights Defense
Charges Dismissed
We proved our client’s civil rights had been restored, so he was not a prohibited possessor, and the case was dismissed.
Prohibited-Place Citation
Diversion, Then Dismissal
Our client completed a diversion program after an inadvertent prohibited-place violation, and the charge was dismissed.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best weapons charge lawyer in Arizona, a prohibited possessor defense attorney in Phoenix, help with a felon in possession of a firearm case, or an A.R.S. 13-3102 defense. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend misconduct involving weapons and other violent crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona violent crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Misconduct Involving Weapons FAQs
Quick answers to the questions we hear most about misconduct involving weapons charges, penalties, and defenses in Arizona.
Is misconduct involving weapons a felony in Arizona?
Usually, yes. Most forms of A.R.S. 13-3102 are felonies, ranging from a Class 6 up to a Class 2. The most common charge, a prohibited possessor with a firearm, is a Class 4 felony. A few forms, like carrying in a prohibited place, can be a Class 1 misdemeanor.
What is a prohibited possessor in Arizona?
Under A.R.S. 13-3101, a prohibited possessor includes anyone convicted of a felony whose rights have not been restored, anyone on felony probation or parole, certain people adjudicated a danger or with serious mental illness, those subject to a qualifying protective order, and undocumented persons. A prohibited possessor cannot lawfully possess a firearm.
What is the penalty for a prohibited possessor charge?
Being a prohibited possessor in possession of a firearm under A.R.S. 13-3102(A)(4) is a Class 4 felony. A first offense carries a range of 1 to 3.75 years with a presumptive term of 2.5 years, and it is often probation-eligible, but prior felonies sharply increase the exposure.
Can a felon ever own a gun in Arizona?
Only after firearm rights are restored. A felony conviction makes you a prohibited possessor, but Arizona law allows you to apply to have your rights, including firearm rights, restored after completing your sentence, depending on the offense and the waiting period. Until then, possession is a felony.
How does the State prove I possessed the weapon?
The State can prove actual possession (on your person) or constructive possession (a gun in your car, home, or area you control, with your knowledge). Mere presence near a firearm is not enough, and proving knowing possession in a shared space is often the weakest part of the case.
Can an illegal search get my weapons case dismissed?
Often, yes. Nearly every weapons case begins with a stop or search. If police lacked reasonable suspicion, probable cause, or a valid warrant, we can move to suppress the firearm, and without that evidence the case is frequently dismissed.
Do I need a permit to carry a gun in Arizona?
No. Arizona is a constitutional-carry state, so most lawful adults can carry openly or concealed without a permit. Charges still arise from carrying as a prohibited possessor, in prohibited places like schools, or failing to disclose a concealed weapon to an officer when required.
What makes a weapons charge a Class 2 or 3 felony?
The most serious forms involve a weapon used or possessed in furtherance of another crime, a serious drug offense, a criminal street gang, or an act of terrorism, under A.R.S. 13-3102(A)(8), (9), and (13). These are Class 2 or 3 felonies with much higher prison exposure, and defeating the ‘in furtherance’ link is critical.
Will a weapons conviction affect my immigration status?
Yes. A firearms-misconduct conviction is a deportable offense under federal immigration law and can bar relief and naturalization for non-citizens. Because the immigration consequences can be severe, it is critical to have counsel who accounts for them when resolving the case.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Misconduct involving weapons (A.R.S. § 13-3102) is a broad statute with charges ranging from a misdemeanor to a Class 2 felony.
- The most common charge is prohibited possessor, a felon or other barred person in possession of a firearm, a Class 4 felony.
- A prohibited possessor includes those with a felony conviction, on felony probation or parole, or subject to certain protective orders, unless rights are restored.
- Possessing a defaced firearm is a Class 6 felony; possessing a prohibited weapon (sawed-off, full-auto, silencer) is a Class 4 felony.
- A weapon used in furtherance of a drug felony, criminal street gang, or act of terrorism escalates to a Class 2 or 3 felony.
- The search, your knowing possession, and your prohibited status are the most contestable issues, and a bad search can end the case.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.