PHOENIX, AZ CRIMINAL DEFENSE ATTORNEY FOR CHARGES INVOLVING DEADLY WEAPONS

Weapons charges, technically “misconduct involving a weapon” (A.R.S. 13-3102) covers a diverse array of scenarios. According to this statute, there are 17 separate infractions that can potentially result in misconduct involving a weapon charge.

Those actions include:



• Carrying a deadly weapon while committing a crime
• Lying to police about possessing a deadly weapon
• Carrying a deadly weapon while under the age of 21
• Transporting, possessing, or manufacturing a prohibited weapon
• Possessing a deadly weapon if you’re prohibited from doing so
• Providing a deadly weapon to a person who is prohibited from possessing one
• Defacing a deadly weapon (i.e., removing the serial number) or possessing a defaced weapon
• Giving a deadly weapon to someone so they can use it to commit a felony
• Trafficking deadly weapons for a street gang
• Using a deadly weapon to commit an act of terrorism
• Refusing to remove a deadly weapon when asked to do so in a public establishment

The seriousness of the charge, which can range from a class 3 misdemeanor to a class 2 felony, depends on the specific violation that results in your misconduct involving a weapon charge.

There are also a variety of places at which you are prohibited from carrying a deadly weapon, even if you’re legally allowed to have one under normal circumstances. This includes carrying a deadly weapon at a:

• School
• Nuclear or hydroelectric power plant
• Polling place

What Qualifies as a Prohibited Weapon in Arizona?

A variety of firearm or firearm modifications are considered prohibited for the average person to possess in Arizona, including fully automatic weapons, silencers, and sawed-off rifles/shotguns. Many types of explosives are also illegal for people to possess, including grenades, rockets, all types of bombs, Molotov cocktails, and IEDs.

Devices like fireworks or propellants are not illegal.

Defensive Display of a Firearm ASR 13-421

Your rights to display a firearm to intimidate or threaten another person is severely limited. You’re generally only allowed to do so when you reasonably believe brandishing a firearm is immediately necessary to prevent your own physical injury due to the aggressor’s illegal impending use of physical or deadly force.

Scenarios where this might be relevant include someone breaking into your home or someone assaulting you in a parking lot.

However, there are limits. It’s still illegal to brandish a weapon if you’ve provoked the other party into attempting to use unlawful physical force against you. It’s also illegal to display a firearm while committing a crime, which can result in extra charges even if you have no intent to use it.