Arizona is one of the most gun-friendly states in the country. Permitless carry is the law. You can walk down Scottsdale Road with a firearm on your hip and no permit in your pocket. But the same legal system that protects your right to carry draws hard lines around who can carry, where you can carry, and what happens when you cross those lines.
A weapons charge puts your freedom, your gun rights, and your future on opposite sides of a courtroom. Felony weapons offenses carry mandatory prison time. Even a misdemeanor conviction can trigger federal firearm restrictions that last a lifetime.
Brad Rideout is a former Arizona prosecutor who spent years filing weapons charges against people in your position. He knows how these cases are built because he used to build them himself. When your Second Amendment rights are on the line, you need a Scottsdale weapons charges defense lawyer who understands both sides of the system.
Call our Scottsdale office at (480) 584-3328, our Lake Havasu office at (928) 854-8181, or toll-free at (833) 854-8181 for a confidential consultation.
Arizona Weapons Law: Key Definitions Under A.R.S. § 13-3101
A.R.S. § 13-3101 defines three categories that control almost every weapons charge in Arizona.
A deadly weapon means anything designed for lethal use: firearms, explosive devices, combat blades, and any instrument manufactured to cause death or serious physical injury.
A prohibited weapon is a narrower category. Arizona bans specific items regardless of who possesses them. The list under § 13-3101(A)(8) includes improvised explosive devices, automatic weapons not lawfully possessed under federal law, sawed-off shotguns with barrels under 18 inches, sawed-off rifles with barrels under 16 inches, and unregistered silencers.
A prohibited possessor is someone the law bars from having a firearm at all. Under § 13-3101(A)(7), you are a prohibited possessor if you have a felony conviction with civil rights not yet restored, are on probation for a domestic violence offense, are an undocumented person, have been adjudicated mentally incompetent or committed to a mental institution, or are currently imprisoned. Arizona does not send you a notice. You become a prohibited possessor by operation of law the moment one of these conditions applies.
A.R.S. § 13-3102: Misconduct Involving Weapons
A.R.S. § 13-3102 is the workhorse statute for weapons prosecutions. It covers over a dozen distinct criminal acts, ranging from a Class 1 misdemeanor to a Class 2 felony.
Prohibited Location Offenses
Arizona’s permitless carry law does not mean you can carry everywhere. Section 13-3102(A)(11)-(13) bans firearms in polling places on Election Day, K-12 school grounds (unless the weapon is unloaded and locked in a vehicle), bars and establishments where the primary purpose is serving alcohol, government buildings that post notice and provide secure storage lockers at entrances, and all federal property (post offices, courthouses, VA hospitals). Federal property violations fall under 18 U.S.C. § 930 and are prosecuted in federal court.
A state prohibited-location offense is typically a Class 1 misdemeanor: up to six months in jail, three years of probation, and fines.
Prohibited Possessor Charges
Possessing a firearm as a prohibited possessor under § 13-3102(A)(4) is a Class 4 felony with a presumptive sentence of 2.5 years (range: 1.5 to 3 years for a first offense). Probation may be available but is not guaranteed.
The prosecution does not need to prove you knew you were prohibited. The state must prove you knowingly possessed the firearm and that you were, in fact, prohibited. This catches people constantly. Someone finishes probation on a felony, assumes their rights are restored, buys a gun at a private sale, and faces a new felony when a traffic stop reveals the weapon.
Weapons During Another Crime
Possessing a deadly weapon during the commission of a felony triggers sentencing enhancements under A.R.S. § 13-704. A Class 4 felony that carries a presumptive 2.5 years becomes a dangerous offense with a presumptive 6 years. For dangerous offenses, the court cannot grant probation. Prison is mandatory. This enhancement is one of the most severe sentencing outcomes in Arizona criminal law.
Selling to a Prohibited Possessor
Under § 13-3102(A)(5), knowingly selling or transferring a deadly weapon to a prohibited possessor is a Class 6 felony. Arizona does not require background checks for private sales. That does not protect you if you knew or should have known the buyer was prohibited.
A.R.S. § 13-3107: Unlawful Discharge of a Firearm
Shannon’s Law, codified at A.R.S. § 13-3107, makes it a Class 6 felony to discharge a firearm within or into the limits of any municipality. A Class 6 is a “wobbler,” so a judge can designate it as a Class 1 misdemeanor in appropriate cases. Lawful self-defense, licensed shooting ranges, and discharges on private property outside city limits are excluded.
Arizona’s Permitless Carry: Where You Can and Cannot Carry
Since 2010, Arizona has allowed any person 21 or older who is not a prohibited possessor to carry a concealed firearm without a permit under A.R.S. § 13-3112. Open carry is legal at 18.
You can carry in most public spaces, in your vehicle, on the street, in most stores, and in most restaurants.
You cannot carry in the prohibited locations listed above, if you are under 21 (for concealed carry), if you are a prohibited possessor, or while impaired by alcohol. Under A.R.S. § 4-229, carrying in a licensed liquor establishment while consuming alcohol is a misdemeanor.
Arizona still issues concealed carry permits under § 13-3112 for reciprocity with other states, federal property access, and practical advantages during law enforcement interactions. The permit is optional, not required.
Penalties: Misdemeanor vs. Felony
Misdemeanor weapons offenses include carrying in a prohibited location and certain regulatory violations. Maximum jail time ranges from 30 days (Class 3) to six months (Class 1), plus probation, fines, and potential weapons safety courses.
Felony weapons offenses range from Class 6 (unlawful discharge) through Class 2 (use of a prohibited weapon during a violent felony). Sentencing follows A.R.S. § 13-702 for first offenses and A.R.S. § 13-703 for repeat offenders. See our felony sentencing guide for full tables.
Dangerous offense enhancements under § 13-704 eliminate probation and increase minimum sentences when a weapon is used, displayed, or discharged during any felony. A second dangerous offense with a prior dangerous conviction can reach 21 years for a Class 2 felony.
Defense Strategies for Weapons Charges
Constitutional Challenges Under the Second Amendment
The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen changed the framework for evaluating firearms regulations. Under Bruen, any restriction on the right to keep and bear arms must be consistent with the historical tradition of firearm regulation. The prosecution must justify the restriction by pointing to a historical analogue from the founding era or the Reconstruction period. This standard has opened the door to constitutional challenges that would have failed five years ago.
Unlawful Search and Seizure
The Fourth Amendment remains one of the most effective tools in weapons defense. If police discovered the firearm through an illegal traffic stop, an unconstitutional vehicle search, a warrantless home entry, or a pat-down that exceeded the scope of a Terry stop, the weapon may be suppressed. Without the weapon, the prosecution has no case. Common issues include pretextual stops, consent given under duress, and exceeding the scope of a protective frisk.
Lack of Knowledge of Prohibited Status
Arizona does not require the prosecution to prove you knew you were prohibited. But a defendant who genuinely believed their rights were restored, who received incorrect information from the court, or who completed all sentence requirements presents a different picture than someone who knowingly carried while prohibited. This context matters at sentencing even when it does not eliminate the charge.
Challenging Knowing Possession
The prosecution must prove you knowingly possessed the firearm. A weapon found in a shared vehicle, a common area of a residence, or someone else’s property does not automatically mean you possessed it. Proximity to a firearm is not possession. The defense can challenge both your knowledge of the weapon’s presence and your control over it.
Restoring Firearm Rights After a Felony Conviction
This is one of the highest-demand legal topics in Arizona, and the process is more accessible than most people realize.
Automatic Restoration Under A.R.S. § 13-910
A.R.S. § 13-910 restores your firearm rights automatically after you complete your sentence and a waiting period passes without new felony convictions. For a single non-dangerous felony, gun rights are restored two years after full sentence discharge. No petition, no hearing. For a second or subsequent felony, the waiting period is ten years.
Court Petition Under A.R.S. § 13-905
A.R.S. § 13-905 allows you to petition the court to set aside your conviction, dismiss the charges, and restore civil rights including firearm rights. This is a separate remedy from record sealing under A.R.S. § 13-911, though the two can work together.
Limitations
Automatic restoration does not apply to “dangerous offenses” under § 13-704 (those involving a deadly weapon). You must petition the court, and the court has discretion to deny. For “serious offenses” listed in A.R.S. § 13-706 (murder, sexual assault, armed robbery, dangerous crimes against children), firearm rights cannot be restored at all.
Federal law adds a layer. Even if Arizona restores your rights, 18 U.S.C. § 922(g)(1) may still prohibit possession. Whether a state restoration removes the federal disability depends on whether the restoration covers all civil rights, including jury service and holding public office. Arizona’s automatic restoration under § 13-910 generally satisfies this for non-dangerous offenses, but the analysis is fact-specific.
Domestic Violence Convictions and Federal Firearm Restrictions
This topic sits at the intersection of criminal defense and domestic violence law, and it creates consequences most people do not anticipate.
The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) imposes a lifetime federal ban on firearm possession for anyone convicted of a “misdemeanor crime of domestic violence.” A Class 1 misdemeanor assault with a DV designation in Arizona triggers the full ban. A violation is itself a federal felony carrying up to 15 years in prison. The ban applies regardless of whether Arizona restores your state gun rights.
A qualifying conviction is any misdemeanor that has, as an element, the use or attempted use of physical force, committed by someone who shares a qualifying domestic relationship with the victim. Arizona’s assault statute (A.R.S. § 13-1203) qualifies.
There are only two ways to remove this disability: have the conviction expunged, set aside, or pardoned in a manner that explicitly restores firearm rights, or have the conviction vacated. Record sealing alone does not work because the conviction still exists under federal law.
If you own firearms or work in law enforcement, military, or security, the firearm consequences of a DV conviction may be more severe than the jail time. Your defense strategy must account for the Lautenberg Amendment from day one.
Frequently Asked Questions
Can I carry a gun in Arizona without a permit?
Yes, if you are at least 21 and not a prohibited possessor. Arizona has allowed permitless concealed carry since 2010 under A.R.S. § 13-3112. Open carry is legal at 18. You still cannot carry in prohibited locations or while impaired.
What makes someone a prohibited possessor in Arizona?
Under A.R.S. § 13-3101(A)(7): unresolved felony conviction (civil rights not restored), probation for a DV offense, adjudicated mentally incompetent or committed, undocumented status, or currently imprisoned. Possessing a firearm as a prohibited possessor is a Class 4 felony.
What is the penalty for carrying in a prohibited location?
Typically a Class 1 misdemeanor: up to six months in jail and fines. Federal property violations are prosecuted under federal law with separate penalties.
Can I get my gun rights back after a felony?
In most cases, yes. Under A.R.S. § 13-910, firearm rights are automatically restored two years after completing your full sentence for a single non-dangerous felony (ten years for a second or subsequent offense). Dangerous offenses require a court petition. Certain serious offenses under § 13-706 are permanently disqualifying.
Will a domestic violence misdemeanor affect my gun rights?
Yes. The federal Lautenberg Amendment imposes a lifetime ban on firearm possession for anyone convicted of a misdemeanor crime of domestic violence. This ban operates independently of Arizona law and survives even if Arizona restores your rights. Removal requires an expungement, set-aside, or pardon that explicitly restores firearm rights.
Should I talk to police if they find a gun during a traffic stop?
No. You have the right to remain silent. Anything you say about the weapon, why you have it, or your legal status becomes evidence. Identify yourself if required. Do not consent to a search. Tell the officer you want to speak with an attorney.
Protect Your Rights. Call a Scottsdale Weapons Charges Defense Lawyer.
A weapons charge can cost you your freedom, your career, and your constitutional right to bear arms. You need a defense attorney who has handled these cases from both sides of the courtroom.
Brad Rideout is a former Arizona District Attorney who now fights for the people the state charges. He understands the prosecution’s playbook because he wrote it. At Rideout Law Group, your defense starts with the knowledge of how weapons cases are built and where they fall apart.
Call our Scottsdale office at (480) 584-3328, our Lake Havasu office at (928) 854-8181, or toll-free at (833) 854-8181. Consultations are confidential.
The information on this page is for general educational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Rideout Law Group. Every case is different. If you are facing weapons charges in Arizona, contact our office to discuss the specific facts of your situation with a licensed attorney.