Quick Navigation:
- Firearm Laws in Arizona and How They Apply
- Who Is Considered a Prohibited Possessor Under Arizona Law
- Common Firearm Offenses and Charges in Arizona
- Felony and Misdemeanor Penalties for Firearm Violations
- Defense Strategies for Prohibited Possessor and Weapons Charges
- Can You Restore Your Firearm Rights in Arizona
- Frequently Asked Questions About Firearm and Prohibited Possessor Charges in Arizona
- Important Things to Remember About Firearm Charges
- How a Family Law Attorney From CHM Law Can Help
Firearm laws in Arizona often surprise people who assume gun ownership rules are simple or uniform. While Arizona is known for broad gun rights, state law places strict limits on who may carry a firearm and under what circumstances. Many people facing gun charges never expected their situation to result in criminal charges, especially when the issue involves a past conviction, a court order, or a misunderstanding about firearm possession.
Prosecutors in Maricopa County and Pinal County aggressively pursue firearm-related cases, particularly when a person is accused of being a prohibited possessor or when the allegation involves a deadly weapon. These cases frequently escalate into felony matters, even when no one was hurt, and the firearm was never used. A single traffic stop, domestic dispute, or probation check can quickly lead to serious legal trouble.
This article explains how Arizona gun laws work, what it means to be accused of unlawful possession of a firearm, and how prohibited possessor cases are charged under Arizona law. You will also learn how these charges are classified, what penalties may apply, and how a defense strategy developed by an experienced Phoenix criminal defense lawyer at Colburn Hintze Maletta can help protect your rights and future.
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Phoenix Criminal Defense: Firearm and Prohibited Possessor Gun Laws
Firearm Laws in Arizona and How They Apply
Arizona law permits many adults to carry a firearm without a permit, but that authority has limits. Under Arizona Revised Statutes § 13-3101 and § 13-3102, the state defines when a firearm may be lawfully carried and when possession becomes a criminal offense. These statutes apply whether the weapon is carried openly, concealed, or stored in a vehicle.
Adults aged 21 or older may generally carry a firearm without a permit, including concealed carry, in many situations. However, this does not apply if a person is prohibited from possessing a firearm in Arizona under a prior felony conviction, a court order, or a probation condition. Even temporary possession of a firearm for the duration of an event may result in new criminal charges.
Arizona’s gun laws also regulate the manner and location in which firearms may be carried. Certain locations, such as schools or government buildings, impose additional restrictions prohibiting the visible display of firearms. Violations involving weapons often result in heightened scrutiny by law enforcement, particularly when officers believe the firearm is connected to another weapons-related crime.
Although Arizona law is the primary focus in most cases, federal law can still apply. Federal law prohibits certain individuals from possessing firearms nationwide, and federal charges may follow state charges in serious cases. This overlap makes early legal guidance critical for anyone facing gun charges.
Who Is Considered a Prohibited Possessor Under Arizona Law
A prohibited possessor is defined under ARS § 13-3101, which outlines the categories of individuals not allowed to possess a firearm. This designation applies to individuals who are legally prohibited from possessing a firearm, even if the firearm belongs to someone else or was not actively used. Many people charged under this law did not realize they were prohibited from knowingly possessing a weapon.
Common reasons someone may be prohibited from possessing firearms include having been convicted of a felony, being on probation, being subject to a court order, or having a domestic violence offense on their record. A person convicted of a felony loses the right to possess firearms unless their rights are restored.
In Maricopa County and Pinal County, prosecutors often pursue prohibited possessor charges when a firearm is discovered during a traffic stop, a search related to another investigation, or a call involving domestic violence. Even possessing a firearm for a brief time can be enough to support a new criminal charge.
Being labeled a prohibited possessor is serious because it typically results in a felony charge, which can severely impact your gun rights in Arizona. In many cases, the prosecution must prove that the defendant was knowingly possessing the firearm and that they fell into a prohibited category at the time, which could classify them as a felon.
Common Firearm Offenses and Charges in Arizona
Firearm-related charges vary widely depending on the facts of the case. Misconduct involving weapons is one of the most commonly charged offenses under ARS § 13-3102. This statute covers unlawful possession, carrying a concealed weapon in restricted areas, and discharging a firearm under dangerous conditions.
Some charges involve possession of a weapon while under a legal disability, such as a prior felony conviction. Others involve possession of weapons during the commission of another crime involving violence or drugs, which can escalate the charges to a class 6 felony. These situations often result in enhanced penalties.
While many firearm offenses are classified as felonies, some lesser violations may be charged as a misdemeanor, but any felony in Arizona can affect your ability to be allowed to possess a firearm. For example, certain technical violations may result in a class 1 misdemeanor, class 2 misdemeanor, or class 3 misdemeanor, depending on the circumstances and the defendant’s history.
Even when a charge begins as a misdemeanor, prosecutors may later pursue additional criminal charges if additional evidence emerges. This is why it is critical to speak with a criminal defense lawyer early when facing gun charges, as they can help protect your gun rights in Arizona.
Felony and Misdemeanor Penalties for Firearm Violations
Firearm offenses in Arizona carry serious consequences, particularly when charged as felonies. Many prohibited possessor cases are charged as a Class 4 felony, though some situations may rise to a Class 3 felony or even a Class 2 felony if aggravating factors are present.
A felony conviction for firearm possession can result in a prison sentence, probation terms, fines, and long-term loss of gun rights. Repeat offenses or cases involving domestic violence or possessing a deadly weapon during another crime may carry enhanced penalties and years in prison.
Misdemeanor firearm violations typically carry less severe penalties but may still result in incarceration, probation, and permanent marks on a criminal record. Even a misdemeanor can complicate future attempts to restore firearm rights.
Below is an overview of common firearm penalties under Arizona law.
| Offense | Classification | Potential Penalties | Statute |
| Prohibited possessor firearm charge | Class 4 felony | Prison sentence, probation, loss of gun rights | ARS § 13-3102 |
| Misconduct involving weapons | Class 3 felony | Enhanced sentencing, years in prison | ARS § 13-3102 |
| Carrying a concealed firearm in restricted area | Class 1 misdemeanor | Jail time, fines, probation | ARS § 13-3102 |
| Possessing a deadly weapon during another felony | Class 2 felony | Mandatory prison, aggravated sentencing | ARS § 13-3102 |
Defense Strategies for Prohibited Possessor and Weapons Charges
Every firearm case requires a defense strategy tailored to the specific facts, especially if it involves a felony offense. At Colburn Hintze Maletta, the law group regularly represents clients in Maricopa County and Pinal County facing serious weapons charges, including those related to prohibited weapons.
One common defense is to challenge whether the defendant knowingly possessed the firearm. If the weapon was found in a shared vehicle or residence, the prosecution may struggle to prove actual possession. Another defense focuses on whether the search that uncovered the firearm was lawful under Arizona law.
In some cases, attorneys examine whether the underlying prior conviction or court order was still valid at the time of the alleged offense. If a person had completed their sentence and probation had ended, firearm rights may have been eligible for restoration, allowing them to possess a firearm again.
Witness credibility issues, improper police procedures, and lack of evidence are also key areas of focus. A skilled criminal defense attorney can identify weaknesses in the state’s case and work toward dismissal, reduction, or favorable plea negotiations.
Can You Restore Your Firearm Rights in Arizona
Many people want to know whether they can restore their firearm rights after a felony offense conviction. Arizona law permits certain individuals to petition for restoration upon completion of probation or a prison sentence, depending on the nature of the offense and prior conviction history.
People convicted of certain nonviolent offenses may regain the right to possess firearms after a waiting period. However, cases involving domestic violence offenses, multiple felonies, or serious offense classifications may permanently bar restoration.
Restoring firearm rights is a separate legal process that requires careful compliance with state law. Filing too early or incorrectly may result in denial. Working with a law group experienced in firearm rights in Arizona can improve the chances of success.
Frequently Asked Questions About Firearm and Prohibited Possessor Charges in Arizona
Can I be charged if the firearm was not mine?
Yes. Under Arizona law, ownership does not control whether charges apply. If prosecutors believe you knowingly possess a firearm, even one owned by another person, you may still face criminal charges. This commonly happens when a gun is found in a shared vehicle, a family home, or during a traffic stop in Phoenix or the surrounding areas.
What if I did not know I was prohibited from possessing a firearm?
A lack of knowledge of your legal status regarding firearm possession does not automatically preclude new criminal charges. Prosecutors often argue that a prior felony conviction, probation terms, or a court order made you legally prohibited from possessing firearms. However, whether the state can prove you knowingly possessed the firearm is often a key defense issue.
Is a prohibited possessor always a felony in Arizona?
Most prohibited possessor charges are filed as felonies, typically Class 4. In more serious situations involving a deadly weapon, a prior conviction, or another crime involving weapons, prosecutors may pursue higher felony classifications. These cases carry the risk of prison time and long-term loss of firearm rights.
Can a domestic violence case affect my gun rights?
Yes. A domestic violence offense can result in losing the right to possess a firearm under Arizona law and, in some cases, federal law until you have completed your sentence. Even misdemeanor domestic violence convictions may lead to firearm restrictions, especially if the case involved a court order or involved domestic violence allegations.
What happens if police find a gun during a traffic stop?
If law enforcement discovers a firearm during a traffic stop, they may investigate whether you are allowed to possess a firearm under state law. If officers believe you are prohibited from possessing a firearm, you may be arrested and face weapons charges, even if the stop was for a minor traffic issue.
Can firearm charges be dismissed or reduced?
Yes. Many firearm cases depend on search procedures, possession issues, and proof of intent. A criminal defense attorney may challenge the legality of the search, whether possession can be proven, or whether your rights had already been restored. In Maricopa County and Pinal County, strong defense work can sometimes lead to dismissal or reduced charges.
Should I consult a lawyer before court?
Absolutely. Firearm charges are serious and can lead to a felony conviction, years in prison, or permanent loss of gun rights. Speaking with a Phoenix criminal defense lawyer early gives you the best chance to protect your rights and avoid mistakes that could harm your case.
Can I carry a gun in my car without a permit?
Arizona allows carrying a concealed firearm without a permit, but this does not apply if you are prohibited from possessing a firearm.
What happens if I am caught with a gun while on probation?
Possessing a firearm while on probation often results in a felony charge and a probation violation.
Does a domestic violence conviction affect gun rights?
Yes. Domestic violence convictions often result in a loss of the right to possess a firearm under state or federal law until the age of 21 or after you have completed your sentence.
Is possession of a weapon always a felony?
No. Some violations are misdemeanors, but many firearm offenses are charged as felonies.
Should I talk to the police if facing gun charges?
It is usually best to speak with a criminal defense lawyer before answering questions.
Important Things to Remember About Firearm Charges
- Arizona gun laws allow broad rights, but not for everyone
- Prohibited possessor charges often result in felony cases
- Firearm offenses may result in imprisonment and probation, particularly if they involve the discharge of a firearm.
- Prior convictions significantly affect firearm rights
- Early legal help can protect your rights and ensure you understand your status regarding gun rights in Arizona.
How a Family Law Attorney From CHM Law Can Help
Firearm and prohibited possessor allegations can escalate quickly, placing your freedom and constitutional rights at risk. Many gun cases begin with a routine traffic stop, probation check, or domestic disturbance call before turning into a felony arrest. Even when a firearm was never used or discharged, simply being accused of unlawful possession can carry severe penalties. Having experienced legal representation early in the process can significantly affect how your case is handled and resolved.
At Colburn Hintze Maletta, our criminal defense attorneys have extensive experience defending firearm and weapons charges throughout Phoenix, Maricopa County, and Pinal County. We understand how prosecutors build cases under ARS § 13-3101 and ARS § 13-3102, how they attempt to prove “knowing possession,” and how prior convictions or court orders are used to classify someone as a prohibited possessor. We carefully analyze search procedures, probable cause, and whether law enforcement lawfully discovered the firearm.
Whether you are under investigation, have already been charged, or believe your rights may have been violated during a search or arrest, our legal team can review the evidence, identify weaknesses in the state’s case, and pursue dismissal, charge reduction, or favorable plea negotiations whenever possible. Our focus is on protecting your record, preserving your rights, and positioning your case for the strongest possible outcome.
To speak with a criminal defense attorney about your firearm or prohibited possessor case, contact Colburn Hintze Maletta (CHM Law) today at (602) 755-6290 or visit our website to schedule your confidential consultation.
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