Phoenix Weapon Charge Defense Attorneys

• Misconduct Involving Weapons (A.R.S. § 13-3102): This is a broad "catch-all" statute. It covers carrying a concealed weapon without being 21 years old, failing to notify an officer you are carrying, or possessing a weapon in a prohibited place (like a school or a polling station).
• Possession by a Prohibited Possessor: If you have a prior felony conviction that has not been vacated or your civil rights have not been restored, possessing a firearm is a Class 4 felony. This often carries mandatory prison time.
• Assault with a Deadly Weapon (Aggravated Assault): Using a weapon to intentionally place someone in fear of physical injury is a "dangerous" offense in Arizona. This typically results in mandatory prison sentences even for first-time offenders.
• Discharging a Firearm within City Limits (Shannon’s Law): Discharging a firearm within or into the limits of any municipality is generally a Class 6 felony.
• Using or Possessing a Weapon During a Felony: Using or possessing a deadly weapon during the commission of another felony can increase the severity of charges

State & Federal Gun Laws

Navigating the intersection of Arizona state law and federal law is one of the most challenging aspects of these cases.

Arizona Law

Arizona is a "constitutional carry" state, meaning that as long as you are a law-abiding citizen over the age of 21, you generally do not need a permit to carry a concealed weapon. However, state law still restricts weapons in certain government buildings, liquor establishments (if posted), and private properties that prohibit them.

Federal Law

Federal agencies like the ATF and FBI enforce the Gun Control Act. Federal charges often arise when weapons are transported across state lines, involved in drug trafficking, or possessed by individuals with specific domestic violence convictions. Federal penalties are often much harsher than state penalties and involve a different court system entirely.

Legal Defenses to Weapons Charges

A charge is not a conviction. There are numerous legal avenues to challenge the prosecution’s case. At Cates & Reed, PLLC, we investigate every detail, looking for:

• Constitutional Violations (4th Amendment): Did the police have reasonable suspicion to stop you? Did they have a valid warrant or probable cause to search your vehicle or home? If the search was illegal, the weapon may be suppressed as "fruit of the poisonous tree."
• Lack of Knowledge or Possession: Especially in "constructive possession" cases (where a gun is found in a car with multiple passengers), we can argue that you were unaware the weapon was present or that it did not belong to you.
• Self-Defense (Justification): Under Arizona’s "Stand Your Ground" laws, you have the right to use or threaten to use a weapon if you reasonably believe it is necessary to protect yourself or others from the use of unlawful physical force.
• Right to Carry/Permit Issues: We ensure that the police haven't misinterpreted your status or the legality of the specific weapon in your possession.

Frequently Asked Questions

Can I carry a concealed firearm in Arizona without a permit?

In many situations, yes. Arizona allows constitutional carry for most adults 21 and older. However, restrictions still apply in certain locations and circumstances.

Can I be charged if the gun wasn’t loaded?

Yes. Under Arizona law, a firearm is considered a deadly weapon regardless of whether it is loaded or even functional, as long as it was designed to expel a projectile by the action of an explosive.

What is a "prohibited possessor"?

You may be a prohibited possessor if you are a convicted felon, have been adjudicated "delinquent" for a felony as a juvenile, are currently on probation, or have been found to be a danger to yourself or others by a court.

What happens if I am a convicted felon caught with a firearm?

Possession of a firearm by a prohibited possessor is typically a felony offense that may result in prison time and loss of civil rights.

Can I get my gun rights back after a conviction?

In many cases, yes. Arizona allows for the restoration of civil rights and firearm rights, but the process depends on the nature of the original conviction. Our firm can help you navigate the "Set Aside" and restoration process.

Does a "constitutional carry" state mean I can take my gun anywhere?

No. You still cannot take firearms into schools, certain government buildings, or private businesses that have clearly posted signs prohibiting weapons. Doing so can lead to "Misconduct Involving Weapons" charges.

Does Arizona have a “stand your ground” law?

Yes. Arizona has a “stand your ground” law, meaning you are not required to retreat before using force in self-defense if you reasonably believe it is necessary to prevent imminent death or serious bodily injury. This law only applies in areas where you have a legal right to be, such as your home, workplace, or public areas. 

Can weapons charges be reduced or dismissed?

Potentially. Depending on the evidence, procedural issues, and circumstances of the arrest, an attorney may be able to negotiate reduced charges or pursue dismissal.

Will I lose my gun rights after a conviction?

Possibly. Certain felony convictions and domestic violence offenses can result in the loss of firearm ownership rights under Arizona and federal law.

Should I speak to police after a weapons arrest?

You have the right to remain silent and the right to an attorney. It is generally advisable to avoid making statements to investigators before consulting a defense lawyer.

Facing a weapon charge can be daunting, but you don’t have to fight it alone. Call (480) 864-3807 to schedule a consultation with our weapon defense attorneys.