Arizona Weapons & Firearms Charges
A plain-English guide to Arizona weapons and firearms charges, the penalties for each, and how we defend them.
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What Are the Weapons Charges in Arizona?
Quick answer: Arizona is a gun-friendly state, but several acts are still crimes. Most fall under Misconduct Involving Weapons (A.R.S. § 13-3102), which covers being a prohibited possessor, carrying in banned places, and defaced firearms. Others include unlawful discharge under Shannon’s Law (13-3107), disorderly conduct with a weapon (13-2904), and aggravated assault with a deadly weapon (13-1204). Most are felonies, and some carry mandatory prison.
Arizona Weapons Offenses at a Glance
Here are the weapons and firearms charges Arizona prosecutors bring most often, the statute for each, and what it covers.
| Offense | Statute | Class | What It Covers |
|---|---|---|---|
| Misconduct Involving Weapons | A.R.S. § 13-3102 | Class 6 to Class 2 felony | The umbrella gun statute: prohibited possessors, defaced or altered firearms, guns at schools or polling places, and concealed-carry violations. |
| Prohibited Possessor | A.R.S. § 13-3101 | Class 4 felony | Possessing a firearm after a felony conviction, a domestic-violence conviction, or a court finding of mental illness. One of the most charged gun offenses in Arizona. |
| Unlawful Discharge (Shannon’s Law) | A.R.S. § 13-3107 | Class 6 felony | Firing a gun within or into the limits of a city or town. Named for Shannon Smith, killed by a celebratory gunshot. |
| Disorderly Conduct With a Weapon | A.R.S. § 13-2904 | Class 6 felony | Recklessly displaying, handling, or firing a deadly weapon to disturb the peace of another person. |
| Aggravated Assault With a Deadly Weapon | A.R.S. § 13-1204 | Class 3 felony | Using or threatening someone with a firearm or other deadly weapon. A dangerous offense with mandatory prison. |
Weapons allegations often attach to another charge (assault, drugs, DV) and can add a mandatory prison enhancement. Click a charge to learn more.
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When you are looking for the best Phoenix weapons charge lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Are You a Prohibited Possessor in Arizona?
A prohibited possessor (A.R.S. § 13-3101) is anyone the law bars from having a firearm, most commonly a person with a felony conviction, a domestic-violence conviction, an order of protection, or a court finding of mental illness. Possessing a gun as a prohibited possessor is a class 4 felony, even if you never used or displayed it. The good news is that gun rights can often be restored, see our guide to restoring your gun rights in Arizona.
Shannon’s Law: Unlawful Discharge of a Firearm
Under A.R.S. § 13-3107, firing a gun within or into a city or town, including celebratory gunfire, is a class 6 felony known as Shannon’s Law. Because it is a “wobbler,” a strong defense can sometimes reduce it to a misdemeanor or a set-aside-eligible outcome.
How We Defend Arizona Weapons Charges
Weapons cases almost always start with a stop or a search, which is where they most often fall apart. We challenge illegal stops and searches, contest “knowing” possession, attack prohibited-possessor status, and litigate whether the weapon was truly a “deadly weapon.” Call our team 24/7 at 623-321-4699.
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Arizona Weapons Charge FAQs
What is misconduct involving weapons in Arizona?
Misconduct involving weapons (A.R.S. 13-3102) is Arizona’s main gun crime. It covers being a prohibited possessor, carrying a weapon in a banned place, possessing a defaced firearm, and several other acts, ranging from a class 6 to a class 2 felony.
How do I know if I am a prohibited possessor in Arizona?
You are a prohibited possessor under A.R.S. 13-3101 if you have a felony conviction, a domestic-violence conviction, an active order of protection, or a court finding of mental illness, among other categories. If any apply, possessing a firearm is a class 4 felony.
Can a felon possess a firearm in Arizona?
No. A convicted felon is a prohibited possessor and cannot legally possess a firearm until their rights are restored. Possession is a class 4 felony, but you can apply to restore your gun rights under A.R.S. 13-925 after a waiting period.
What is Shannon’s Law in Arizona?
Shannon’s Law (A.R.S. 13-3107) makes it a class 6 felony to fire a gun within or into the limits of a city or town, including celebratory gunfire. It is named for Shannon Smith, a teenager killed by a falling bullet.
Do you need a permit to carry a concealed weapon in Arizona?
No. Arizona is a constitutional-carry state, so most adults 21 and older can carry concealed without a permit. But prohibited possessors still cannot carry, and a permit is useful for reciprocity and certain locations.
Is misconduct involving a weapon a dangerous offense in Arizona?
It can be. Many weapons charges are not automatically “dangerous,” but if a firearm is used or discharged during another crime, the State can allege a dangerous-offense enhancement that triggers mandatory prison.
Can weapons charges be dropped or reduced in Arizona?
Yes. Illegal stops and searches, lack of knowing possession, disputed prohibited-possessor status, and weak “deadly weapon” proof can all lead to dismissal or reduction. Many discharge and disorderly cases resolve as misdemeanors.
Can rights be restored after a class 4 felony weapons conviction in Arizona?
Often, yes. After completing your sentence, you can apply to set aside the conviction and separately restore your right to possess a firearm under A.R.S. 13-925. Eligibility depends on the offense and time elapsed.
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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.