Understanding Gun and Weapon Charges in the State of Arizona

If you’re facing a gun or weapon charge in Arizona, it’s important you know what you’re dealing with. Although Arizona is renowned for its liberal gun laws that bestow more freedoms on firearm owners than many other states, the potential stakes for a conviction are still high.

Offenders can potentially incur substantial penalties and sentences if convicted. Arizona board-certified criminal defense lawyer Michale Alarid III has extensive experience defending the rights of gun owners and is ready to build a robust defense on your behalf.

Arizona Gun Laws That Can Affect Your Case

• Constitutional Carry and Open Carry: The state allows residents over 21 to carry a concealed weapon without a permit, whether on their person or in their car[1] , barring certain locations. Those between the ages of 18 and 20 can still possess a concealed weapon if they obtain a concealed carry permit.

• Prohibited Possessors: Felons, illegal drug users, undocumented immigrants and other prohibited individuals are prohibited from owning firearms.

• Purchase and Transfer: You can engage in a private firearm sale or transfer with a dealer who isn’t federally licensed and won’t impose a background check. However, licensed dealers are required by federal law to perform background checks and buying from them without one can lead to harsh legal penalties.

• Waiting Period: Arizona doesn’t impose a waiting period for firearm purchases.

• Prohibited Firearms: You could still get into trouble if you don’t adhere to regulations set by the National Firearms Act (NFA), including owning prohibited firearms like automatic weapons or sawed-off shotguns (those with a barrel length of less than 18 inches or an overall length of less than 26 inches). Other prohibited weapons or modifications include grenades and silencers.

• Magazine Capacity Restrictions: The state doesn’t have magazine capacity restrictions for firearms.

• “Stand Your Ground”[2]  Laws: Individuals are not required to retreat before resorting to physical force to defend themselves and others from an imminent threat. Whether they’re in their homes or in a public space, they have a legal right to be in, like a parking lot.

• Preemption: To ensure gun laws stay consistent throughout the state, county governments are not allowed to enact their own regulations.

Common Gun and Weapon Offenses

Unlawful Possession

Carrying a weapon if you’re younger than 18 or concealing a weapon without a permit when you’re under the age of 21 – or if you’re on the prohibited individuals list – is a Class 4 felony and can result in up to 3 years in prison. 

Aggravated Assault With a Deadly Weapon

Using a weapon to threaten or harm another person. Depending on the assault’s severity and if the victim was a minor or a police officer, you can either face a Class 6 felony and a 3-year sentence or a Class 2 felony and a 7 to 21-year sentence.

Brandishing a Weapon

Displaying a weapon to threaten or harm another person, even if you don’t end up hurting the other person, is a gun misconduct infraction that can result in anywhere from three months to three years in prison.

Possession of Prohibited Weapons

Carrying explosives, silencers or another type of banned weapon is a Class 4 felony with a maximum of three years in prison.

Illegal Sales or Transfers

Participating in an illegal sale or transfer of a firearm to those prohibited from possessing one is a Class 2 felony and can lead to a 21-year sentence.

We’ll Help You Build a Strong Defense to a Gun or Weapon Charge

The Law Office of Michael Alarid III is ready to develop a compelling defense strategy to protect you from harsh penalties and sentences, asserting your right to possession and self-defense. We’ll assess the facts of your case and determine if the search and seizure of your weapon was entirely legal, keeping you informed and setting realistic expectations throughout your case’s proceedings.

No matter your charge, Arizona board-certified criminal defense attorney Michael Alarid is ready to fiercely defend your rights with zealous legal representation. To book a free case consultation, call (602) 818-3110 or visit us online today.