Tempe Gun Crime Lawyer

The state of Arizona has less restrictive gun laws than other states in the country. However, courts and law enforcement are strict in penalizing those who take advantage of these laws. If a person is found to have violated the state’s gun laws, they may be subject to severe penalties that can impact them for the rest of their life. If you have been charged with a gun crime in Arizona, it is important that you retain the services of a skilled lawyer. The legal team at The Weingart Firm, PLLC has years of experience to apply to your case. Contact a Tempe criminal defense lawyer today if you need an attorney to fight for you.

Arizona Gun Laws

In Arizona, many adults may legally carry a firearm openly without a permit, and individuals who are 21 or older may generally carry a concealed firearm without a license, subject to certain restrictions and exceptions under state law. Firearm purchase laws may depend on the type of firearm and whether the purchase is made from a licensed dealer, and federal law may also apply.

However, anyone who is found to be a danger to themselves or other people by court order, has been convicted of a felony and has not had their firearm rights restored, or is imprisoned, cannot own a firearm. Weapons that can be owned include rifles, shotguns, and handguns.

However, there are certain “prohibited weapons” regulated under Arizona law, which may include firearms capable of automatic fire, certain short-barreled rifles or shotguns, and other restricted devices. In some situations, possession of these items may be lawful only if they are properly registered or possessed in compliance with applicable federal law.

Gun Crimes in Arizona

While certain individuals in Arizona are legally allowed to own a gun, there are restrictions. Actions that are illegal in Arizona can include, but are not limited to:

• Carrying a concealed deadly weapon in furtherance of a serious offense, a violent crime, or any other felony offense
• Entering certain public establishments or public events with a deadly weapon and refusing a lawful request to temporarily store the weapon or otherwise comply with applicable posting or security requirements
• Possessing a deadly weapon on school grounds
• Selling or transferring a deadly weapon to a prohibited person
• Unlawfully discharging a firearm
• Possession of a deadly or prohibited weapon
• Manufacturing, possessing, transporting, selling, or transferring prohibited weapons
• Using a weapon during a felony offense

Gun Crime Penalties in Arizona

The penalties of a gun crime offense in the state of Arizona can vary depending on the nature of the crime, whether the offense is classified as dangerous or non-dangerous, and whether the person has prior felony convictions. There are different classes of both misdemeanor and felony gun crimes. Those who commit a weapons offense can be subject to the following consequences:

• Class 3 Misdemeanor Offense: Up to 30 days in jail and/or a fine up to $500
• Class 1 Misdemeanor Offense: Up to six months in jail and/or a fine up to $2,500
• Class 6 Felony Offense: Sentencing ranges can vary, but a first-time, non-dangerous offense may carry a prison term that can range from several months up to approximately two years, depending on the circumstances
• Class 3 Felony Offense: A first-time, non-dangerous offense may carry a prison term that can range from roughly two to nearly nine years, depending on the circumstances
• Class 2 Felony Offense: A first-time, non-dangerous offense may carry a prison term that can range from roughly three to over twelve years, with longer terms possible in dangerous or repeat-offender cases

Which Gun Crime Carries Which Penalty?

The classes above become far more useful once you know which conduct falls where. Under A.R.S. § 13-3102, carrying a concealed weapon while under 21 is a class 3 misdemeanor. Failing to answer truthfully when an officer asks whether you are carrying a concealed weapon is a class 1 misdemeanor, as is refusing to store a weapon when lawfully asked in a public establishment. Possessing a deadly weapon as a prohibited possessor is a class 4 felony, and it is one of the most frequently charged gun offenses in Arizona. Discharging a firearm at an occupied structure to further a street gang is a class 3 felony.

Your Firearm Rights May Already Have Been Restored

This defense is missed constantly. Since 2022, A.R.S. § 13-907 has automatically restored firearm rights to first-time felony offenders on completion of probation or absolute discharge from prison, provided all victim restitution has been paid. No application, no hearing, no court order. The restoration does not reach dangerous offenses under § 13-704 or serious offenses under § 13-706. If your rights were restored by operation of law before the date police say you possessed a firearm, you were not a prohibited possessor, and that is a complete defense to the charge.

Contact a Phoenix Metropolitan Area Gun Crime Lawyer

The experienced legal team at The Weingart Firm, PLLC knows how to fight for your defense. Our attorneys are skilled negotiators who will fight for you in convincing a prosecutor to dismiss or downgrade your charges. If you have been arrested for a weapons offense or gun crime in Arizona, contact a Valley of the Sun criminal defense lawyer from The Weingart Firm, PLLC today to learn how we can help.