Weapons Charges

Arizona Weapons Charges: Misdemeanors to Serious Felonies (A.R.S. § 13-3102)

If you are facing a Misconduct Involving Weapons charge under A.R.S. § 13-3102, you need aggressive legal defense immediately. While Arizona has highly permissive constitutional carry laws, violating state firearm regulations triggers severe penalties. These offenses range from minor misdemeanor infractions to dangerous, multi-year felony convictions. At Shell & Nermyr PLLC, our Chandler and Phoenix criminal defense attorneys have a proven track record of securing Not Guilty verdicts and full dismissals in complex firearms cases. Protect your Second Amendment rights. Contact us 24/7 at 480-775-4800 to schedule your comprehensive case evaluation.

Misdemeanor Weapons Offenses in Arizona

Misdemeanor weapons charges often involve technical violations of location restrictions, age limits, or non-compliance with law enforcement instructions. Do not mistake a misdemeanor for a minor issue; a conviction still leaves you with a permanent criminal record and potential jail time.

• Underage Concealed Carry: Carrying a concealed firearm if you are under the age of 21 without a valid permit.
• Failure to Inform Law Enforcement: Failing to immediately answer truthfully when a police officer asks if you are carrying a concealed weapon during a lawful traffic stop or detention.
• Weapons in Prohibited Public Places: Bringing a firearm into an establishment that serves alcohol (unless permitted), a public college/university building, an election polling place, or a public event where weapons are explicitly barred.

Serious Felony Weapons Offenses in Arizona

Felony weapons charges carry mandatory prison sentences, massive fines, and the permanent revocation of your right to own or possess firearms. The state aggressively prosecutes these crimes, especially when weapons are paired with other offenses.

• Prohibited Possessor (Class 4 Felony): Possessing a firearm if you are a convicted felon, currently on probation, or subject to a domestic violence protection order.
• Possession of Prohibited Weapons (Class 6 Felony): Owning or manufacturing highly regulated or illegal contraband, such as sawed-off shotguns, automatic silencers, or firearms with defaced serial numbers.
• Weapons in the Commission of a Felony (Class 4 Felony): Carrying or using a deadly weapon while committing a separate felony, such as drug trafficking or burglary. This charge often runs consecutively to other criminal penalties.
• Drive-By Shooting / Discharging into Structures (Class 2 or 3 Felony): Knowingly discharging a firearm at an occupied house, building, or moving vehicle. This is classified as a “dangerous offense,” carrying mandatory, non-probationary prison terms.

Strategic Legal Defenses for Misdemeanor & Felony Charges

An arrest does not guarantee a conviction. Our defense team analyzes police reports and forensic evidence to build robust defense strategies, including:

Constitutional Rights Violations

If law enforcement conducted an illegal traffic stop, an invalid search of your vehicle, or coerced a confession without reading your Miranda rights, we can file a Motion to Suppress. This frequently forces prosecutors to dismiss the entire case.

Lack of Knowing Possession

For felony charges like “prohibited possessor,” the state must prove you knowingly had control of the weapon. If a firearm was hidden in a vehicle you borrowed, you lack the criminal intent required for conviction.

Visible Carry and Private Property Exemptions

Arizona law explicitly allows individuals to carry firearms openly in holsters or cases. Furthermore, concealed carry restrictions do not apply if you are inside your own home, on your business premises, or standing on real property that you legally lease or own.

Schedule a Free Case Review with a Chandler Defense Attorney

Protect your liberties, your rights, and your future career opportunities. If you are facing misdemeanor or felony charges in Chandler, Phoenix, Tempe, or the surrounding East Valley areas, contact our legal professionals immediately.

If you want to map out your defense strategy, let us know:

• Is your current charge classified as a misdemeanor or a felony?
• Do you have any prior felony convictions on your record?
• Did the police have a search warrant or probable cause to search your property?

Call the trial attorneys at Shell & Nermyr PLLC right now at 480-775-4800.