Weapons Offenses

Arizona Weapons Offenses

If you are charged with the possession, purchase, or use of a weapon or firearm in Arizona, you should understand Arizona’s gun crime laws.

Purchase of Firearm in Arizona

Without the written consent of the minor’s parent or legal guardian, it is unlawful to sell or give a minor a firearm or ammunition. It is also illegal to sell or transfer a firearm to someone who is a “prohibited possessor.” However, there is no state permit required to purchase a shotgun, rifle, or handgun for adults who are legally allowed to own one.

Possession of Firearm in Arizona

As long as you are not a “prohibited possessor,” it is legal to possess a shotgun, rifle, or handgun without a sate permit.

Prohibited possessors include:

• Someone who constitutes a danger to himself or others pursuant to a court order and whose court ordered treatment has not been terminated
• Felons whose convictions involved violence or the possession and use of a deadly weapon who have not had their civil rights restored
• Someone who is serving a term of imprisonment in any correctional or detention facility
• Someone who is serving a term of probation for certain crimes

There are also many restrictions for minors who are not emancipated. For example, they must have the permission of their parent or legal guardian.

Carrying a Firearm in Arizona

In the state of Arizona, it is illegal to carry a concealed firearm unless you are in your own home, business premises, or a property owned or leased by you. A handgun that is carried in a belt holster, whether it is completely or partially visible, or a handgun that is carried in luggage are not considered concealed weapons.

If you are in or on any means of transportation, such as your car, you cannot carry a concealed firearm that is within immediate control. However, firearms carried in a case, holster, storage compartment, trunk, pack, luggage, or glove compartment are not considered concealed.

Unless specifically authorized by the law, it is illegal to enter a polling place on the day of any election carrying a firearm, whether it is concealed or not. It is also illegal to possess a deadly weapon of any kind on school grounds. However, this does not apply to unloaded firearms within a vehicle as long as it is locked and not visible.

You cannot enter a public establishment or attend a public event carrying a firearm if the operator requests that you remove your firearm.

Permit to Carry a Concealed Weapon in Arizona

You can apply for a permit to carry a concealed weapon in Arizona if you are over 21 years old, an American citizen, and have satisfactorily completed an approved firearms safety program, submitted your fingerprints, and paid a fee to the Department of Public Safety, as long as you are not a prohibited possessor, such as an illegal alien, convicted felon, or adjudicated mental incompetent. Within 60 days of the receipt of the application for a concealed weapon permit, the qualification checks will be completed, and if you meet all the requirements, a permit will be issued within 15 working days. This concealed weapon permit is valid for up to 4 years and can be renewed at that time.

Arizona Gun Crime Definitions

Here are a few of the crimes you can be charged with:

Possession during commission of a crime
This is when you carry a deadly weapon while committing a felony, such as drug deals, burglary or any violent crime. It triggers the maximum mandatory prison sentence for the underlying offense, even if the gun was unloaded or never drawn.

Prohibited possessor
If you are a convicted felon or illegal alien caught in possession of a weapon or gun, you can face mandatory prison time.

Prohibited firearms
Certain firearms, such as assault weapons, sawed-off shotguns, and armor-piercing ammo, are banned weapons. If you are in possession of any banned weapon, you can be charged.

Illegal in possession
If you are caught as an illegal alien, you can face a higher prison sentence if you are also caught with a weapon.

Altered serial number

This is when you remove or change the serial number on your weapon, and is a serious federal offense.

Unlawful concealment

If you don’t have a permit for a concealed weapon, then you can be charged with a misdemeanor. This can also be a more serious crime if it occurs while you are perpetrating another crime.

If you violate any of these gun laws or other gun laws, then you will be charged with a gun crime in the state of Arizona. An Arizona weapons charge is a serious accusation and requires a skilled, experienced criminal defense lawyer, so you want to look for someone with a background in dealing with these types of cases.