Arizona Weapons Charges (ARS 13-3102)

TL;DR

Weapons offenses in Arizona are prosecuted under A.R.S. 13-3102, misconduct involving weapons. Despite Arizona’s permissive gun laws, the statute lists multiple felony offenses including possession by a prohibited possessor, possession of a prohibited weapon, defacing a firearm, and use of a deadly weapon during a felony. Penalties range from misdemeanor to Class 2 felony.

Arizona has some of the most permissive gun laws in the country. Adults 21 and older can carry a firearm, openly or concealed, without a permit. The state has no registration requirement, no waiting period, and no magazine capacity restrictions.

That permissive framework creates a false sense of security. People assume that because Arizona is a gun-friendly state, weapons charges are rare or hard to prosecute. They are neither. Arizona prosecutors file weapons offenses aggressively, and the penalties attached to these charges can reshape a person’s life. A single conviction under ARS 13-3102 (misconduct involving weapons) can result in years in prison, permanent loss of gun rights, and a felony record that follows you through every background check for the rest of your life. Read more about set aside and record sealing options.

Understanding how Arizona defines weapons offenses, who qualifies as a prohibited possessor, and where the law draws its lines is critical for anyone facing these charges.

How Arizona Defines Weapons Under ARS 13-3101

Before getting into the specific criminal offenses, you need to understand how the statute defines its key terms. ARS 13-3101 lays the foundation for every weapons charge in Arizona by defining what counts as a “weapon,” a “deadly weapon,” a “prohibited weapon,” and a “prohibited possessor.”

Deadly Weapon

A “deadly weapon” is anything designed for lethal use. This includes firearms, obviously, but it also covers knives designed for combat, swords, and similar instruments. The key word in the statute is “designed.” A kitchen knife is not a deadly weapon under this definition. A combat knife with a double-edged blade and a finger guard is.

Prohibited Weapon

The “prohibited weapon” category is narrower and more specific. Under ARS 13-3101(A)(8), prohibited weapons include:

Bombs, grenades, rockets, and mines. Automatic firearms (fully automatic, not semi-automatic) unless the owner has proper federal licensing. Short-barreled rifles and shotguns that fall below federal length minimums. Sawed-off shotguns. Defaced or altered firearms where the serial number has been removed, altered, or made unreadable. Certain improvised explosive devices.

Possession of any prohibited weapon is a standalone felony, separate from any other conduct.

Prohibited Possessor

This is where most weapons charges in Arizona actually originate. ARS 13-3101(A)(7) defines who cannot legally possess a firearm in Arizona. The list includes:

Anyone convicted of a felony in any jurisdiction. Anyone convicted of a domestic violence offense (misdemeanor or felony). Anyone subject to a current order of protection that specifically prohibits firearm possession. Anyone found to constitute a danger to self or others and ordered by a court to submit to treatment. Anyone found incompetent to stand trial or not guilty by reason of insanity. Undocumented persons (a category that also triggers federal charges under 18 U.S.C. § 922(g)(5)). Anyone on probation or parole for a domestic violence or felony offense.

The prohibited possessor category catches people who often have no idea they have lost their gun rights. A person convicted of a Class 6 felony ten years ago, who completed all terms of their sentence, may still be a prohibited possessor if they never formally petitioned to have their rights restored. Arizona does not automatically restore gun rights after a felony conviction.

ARS 13-3102: Misconduct Involving Weapons

ARS 13-3102 is the primary weapons offense statute in Arizona. It covers a broad range of conduct, and prosecutors use it as a catchall for everything from carrying a gun into a bar to possessing a firearm as a convicted felon.

Prohibited Conduct Categories

The statute lists over a dozen categories of prohibited conduct. The most commonly charged include:

Carrying a deadly weapon into a prohibited location. Arizona law restricts firearms in polling places on election day, school grounds (K-12), nuclear and hydroelectric generating stations, military installations, and any location where federal law prohibits weapons (courthouses, federal buildings, post offices). A person who carries into these locations commits misconduct involving weapons even if they have a concealed carry permit.

Carrying a concealed weapon if under 21 without a permit. Arizona’s constitutional carry law applies to adults 21 and older. If you are 18 to 20, you may carry a firearm openly, but concealed carry requires a valid CCW permit. Carrying concealed without a permit in this age range is a Class 3 misdemeanor for a first offense, but repeat offenses or aggravating circumstances can elevate the charge.

Possessing a deadly weapon or prohibited weapon as a prohibited possessor. This is the most serious and most commonly charged version of ARS 13-3102. A convicted felon found with a firearm faces a Class 4 felony. If the underlying conviction was for a dangerous offense, the charge can carry mandatory prison time with no possibility of probation.

Manufacturing, possessing, transporting, or selling a prohibited weapon. Dealing in bombs, grenades, automatic weapons (without federal licensing), or sawed-off shotguns is a Class 4 felony.

Supplying a firearm to a prohibited possessor. If you sell, give, or lend a firearm to someone you know (or should reasonably know) is a prohibited possessor, you face a Class 6 felony.

Carrying a firearm into a licensed liquor establishment while consuming alcohol. Arizona allows firearms in bars and restaurants that serve alcohol. However, if you are consuming alcohol, carrying a firearm is a Class 3 misdemeanor. The distinction matters. Simply being in a bar while armed is legal. Drinking while armed is not.

Defacing a firearm. Removing, altering, or making unreadable the serial number of a firearm is a Class 6 felony.

Felony Classifications and Penalties

The penalties for misconduct involving weapons vary depending on the specific conduct:

A Class 4 felony (prohibited possessor with a firearm, manufacturing prohibited weapons) carries a presumptive sentence of 2.5 years in prison for a first offense, with a range of 1.5 to 3 years. Prior felonies increase this dramatically. A person with one prior felony faces 3.25 to 6.25 years. Two or more priors push the range to 6 to 15 years.

A Class 5 felony carries a presumptive sentence of 1.5 years, with a range of .75 to 2 years for first offenses.

A Class 6 felony (supplying a firearm to a prohibited possessor, defacing a firearm) carries a presumptive sentence of 1 year, with a range of .5 to 1.5 years. Class 6 felonies can sometimes be designated as misdemeanors at sentencing, but this is at the court’s discretion and not guaranteed.

Mandatory Sentencing

Certain weapons offenses trigger mandatory prison terms where probation is not available. The most significant mandatory provisions apply when:

The defendant is a prohibited possessor whose prior conviction involved a dangerous offense. The weapon was used in the commission of another serious felony. The defendant has two or more prior felony convictions (repetitive offender status).

In these situations, the judge has no discretion to impose probation. Prison time is mandatory, and the ranges increase substantially.

ARS 13-3107: Unlawful Discharge of a Firearm

Firing a gun within or into the limits of any municipality is a Class 6 felony under ARS 13-3107. This statute exists primarily to address “Shannon’s Law” situations, named after a teenager who was killed by a stray bullet fired into the air in Phoenix in 1999.

The charge applies even when no one is injured. Firing a gun into the air during a celebration, shooting at targets in a backyard within city limits, or negligently discharging a firearm in a residential area all qualify. Exceptions exist for lawful self-defense, shooting ranges, and certain other controlled situations, but the default rule is straightforward: discharging a firearm within city limits is a felony.

If the discharge results in injury or death, the charges escalate well beyond ARS 13-3107. Prosecutors will typically add aggravated assault or manslaughter charges, and the weapons offense becomes just one count in a much larger case.

Arizona’s Permissive Carry Laws and Their Limits

Arizona enacted constitutional carry in 2010, making it one of the first states to allow permitless concealed carry for adults 21 and older. This means that any person who is at least 21 years old, is a U.S. citizen or legal resident, and is not a prohibited possessor may carry a concealed firearm without obtaining a permit.

What Constitutional Carry Allows

Adults 21 and older may carry a handgun openly or concealed in most public places. No permit, registration, or notification to law enforcement is required. Open carry of long guns (rifles, shotguns) is also legal in most places.

Arizona still issues CCW permits through the Department of Public Safety. The permit provides reciprocity with other states, allows carry in some locations where permitless carry does not apply, and can speed up the background check process when purchasing a firearm from a licensed dealer.

Where You Cannot Carry

The permissive framework does have hard boundaries. Firearms are prohibited in:

School grounds (K-12). Arizona law prohibits firearms on the grounds of any public or private K-12 school. This includes parking lots. A parent who leaves a firearm in a locked vehicle in the school parking lot may still face charges, though there is a narrow exception for a firearm stored unloaded in a locked vehicle.

Polling places on election day. Arizona prohibits firearms within 75 feet of a polling place on the day of any election.

Federal buildings and courthouses. This is federal law (18 U.S.C. § 930), not state law, but it applies in Arizona. Federal courthouses, post offices, VA hospitals, and other federal facilities are gun-free zones.

Bars and restaurants (with restrictions). You may carry into an establishment that serves alcohol, but you may not carry while consuming alcohol. The establishment may also post signage prohibiting firearms, which carries legal force.

Private property with posted signage. Any private property owner or business may prohibit firearms on their premises. A “no weapons” sign has legal weight in Arizona. Entering with a firearm after seeing posted signage can result in trespassing charges.

Nuclear and hydroelectric generating stations. These are restricted by state law.

Secure areas of airports. TSA regulations and federal law control here.

Carrying into any prohibited location is a violation of ARS 13-3102, even if you hold a valid CCW permit.

Concealed Carry for Ages 18 to 20

Arizona allows open carry for anyone 18 or older who is not a prohibited possessor. However, concealed carry for the 18-to-20 age group requires a CCW permit. The permit process includes a background check and completion of a firearms safety course. Carrying concealed without the permit in this age group is a misdemeanor offense, though it can escalate with repeat violations or if combined with other criminal conduct.

Prohibited Possessors: The Most Common Weapons Charge

The single most frequent weapons charge in Arizona is possession by a prohibited possessor. Prosecutors file this charge thousands of times per year across Maricopa and Mohave counties.

How People Become Prohibited Possessors

The most common paths to prohibited possessor status are:

Felony conviction. Any felony conviction in any state, whether Arizona, California, or federal court, makes a person a prohibited possessor in Arizona. This includes non-violent felonies. A person convicted of felony fraud or felony drug possession loses their gun rights just as a person convicted of armed robbery does.

Domestic violence conviction. Under both Arizona and federal law, a conviction for a domestic violence offense prohibits firearm possession. This includes misdemeanor domestic violence. A person convicted of misdemeanor assault-DV who has never committed a felony is still a prohibited possessor.

Orders of protection. A person subject to an order of protection that specifically restricts firearm possession becomes a prohibited possessor for the duration of that order.

Court-ordered mental health treatment. A person found by a court to be a danger to self or others who is ordered into treatment becomes a prohibited possessor.

The Knowledge Problem

Many prohibited possessors have no idea they have lost their gun rights. This is especially true for people who were convicted of felonies years ago, completed their sentences, and assumed their rights were automatically restored. In Arizona, gun rights are not automatically restored after a felony conviction. A person must wait a specified period after completing their sentence (including probation) and then file a petition with the court for restoration of rights.

For a first-time, non-dangerous felony offense, the waiting period is two years after absolute discharge (completion of all terms of the sentence, including probation). For two or more felonies, or for dangerous offenses, restoration requires application to the court and is not guaranteed.

A person who was convicted 15 years ago, has lived a clean life since, and buys a hunting rifle at a sporting goods store can be charged with a Class 4 felony if they never formally restored their rights. The background check may not catch every out-of-state conviction or every older case. But if that person is later stopped by police and found with the firearm, the charge stands.

Weapons Enhancements and Combined Charges

A weapons charge often does not stand alone. Prosecutors frequently combine weapons offenses with other charges, and the presence of a weapon can enhance the penalties for those other offenses.

Dangerous Offense Designation

Under ARS 13-105, any felony that involves the use or threatening exhibition of a dangerous instrument or deadly weapon can be designated as a “dangerous offense.” This designation eliminates probation as a sentencing option and imposes mandatory prison terms.

A simple assault that might otherwise qualify for probation becomes a mandatory prison case if the defendant used or displayed a firearm during the offense. The dangerous offense designation is one of the most powerful tools prosecutors have in Arizona, and it applies to nearly every crime where a weapon is present.

DUI with a Firearm

Arizona has no specific statute making it illegal to have a firearm in a vehicle during a DUI stop. However, prosecutors routinely charge misconduct involving weapons alongside DUI when the defendant is found to be carrying while intoxicated. If the defendant is consuming alcohol (as evidenced by the DUI) and is carrying a concealed weapon, ARS 13-3102 applies. The combination of charges complicates plea negotiations and increases the likelihood of jail time.

Drug Offenses and Weapons

When police find firearms during drug arrests, prosecutors add weapons charges as a matter of course. The combination of drug offenses and firearms also opens the door to federal prosecution. Federal law imposes a mandatory minimum of five years for possessing a firearm in furtherance of a drug trafficking offense under 18 U.S.C. § 924(c), and that sentence runs consecutive to any sentence on the drug charge. This means the five-year firearms minimum is added on top of whatever sentence the drug offense carries.

Federal Firearms Charges in Arizona

Arizona weapons cases sometimes become federal cases, and federal charges carry significantly harsher penalties.

Common Federal Weapons Charges

Felon in possession of a firearm (18 U.S.C. § 922(g)). This is the federal equivalent of Arizona’s prohibited possessor statute. Federal prosecutors use it when the case involves interstate elements, when the defendant has a serious criminal history, or when they want to bring the case in federal court for strategic reasons. Federal sentencing guidelines for felon in possession are often more severe than Arizona’s.

Possession of a firearm in furtherance of drug trafficking (18 U.S.C. § 924(c)). As noted above, this carries a mandatory five-year consecutive sentence for a first offense. A second conviction under this section carries a mandatory 25-year consecutive sentence.

Illegal possession by undocumented persons (18 U.S.C. § 922(g)(5)). This charge is brought exclusively in federal court and carries up to 10 years in federal prison.

Dealing in firearms without a license (18 U.S.C. § 922(a)). Private sales of firearms are legal in Arizona without a license. But if a person is regularly buying and selling firearms for profit, the ATF may determine that the person is “engaged in the business” of dealing firearms without a federal firearms license, which is a federal felony.

State vs. Federal Prosecution

When both state and federal charges could apply, the decision about which court handles the case depends on the specific facts, the defendant’s criminal history, and the priorities of the local U.S. Attorney’s Office. Project Safe Neighborhoods and similar federal programs target repeat offenders and cases involving gun violence, making federal prosecution more likely in those scenarios.

A defendant facing federal weapons charges loses access to Arizona’s sentencing options (like probation for certain Class 6 felonies) and faces federal sentencing guidelines, which are often more rigid and more severe.

Defense Strategies for Weapons Charges

Weapons charges are defensible. The specific defense depends on the facts of the case, but several categories of defense apply across most weapons prosecutions.

Lawful Possession

The most straightforward defense is that the defendant was legally permitted to possess the firearm. This applies when the prosecution has misidentified the defendant as a prohibited possessor, when the defendant’s rights have been restored, or when the possession occurred in a location where carry was legal. Rights restoration records are sometimes incomplete or not properly entered into the system, creating situations where a person whose rights have been restored is still flagged as prohibited.

Lack of Knowledge

Arizona requires that the defendant knowingly possess the weapon. If a firearm is found in a shared vehicle, a shared residence, or a location where multiple people have access, the prosecution must prove that the defendant knew the weapon was there and exercised control over it. “Constructive possession” cases (where the weapon is not found on the defendant’s person) are frequently challenged on this basis.

Similarly, a person charged as a prohibited possessor may not have known they were prohibited. While ignorance of the law is generally not a defense, courts have recognized that the complexity of prohibited possessor status (especially across state lines) can be relevant in certain cases.

Unlawful Search and Seizure

Many weapons charges arise from traffic stops, probation searches, or encounters with police that begin as investigations into other offenses. If the search that uncovered the weapon violated the Fourth Amendment, the weapon can be suppressed as evidence. Without the weapon, the prosecution typically cannot proceed.

Common search issues in weapons cases include:

Stops without reasonable suspicion. Searches of vehicles without probable cause or consent. Exceeding the scope of a consent search. Probation or parole searches conducted without proper authority. Warrants that lack sufficient specificity or probable cause.

A successful suppression motion can result in dismissal of the entire case.

Constitutional Challenges

The Second Amendment, as interpreted by the U.S. Supreme Court in District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association v. Bruen (2022), protects an individual’s right to keep and bear arms. Post-Bruen challenges to weapons statutes have become more common, and some restrictions that were previously assumed to be constitutional are now being litigated.

Defense attorneys have raised Bruen-based challenges to prohibited possessor statutes, restrictions on carrying in certain locations, and other provisions of ARS 13-3102. These challenges do not succeed in every case, but the legal terrain is shifting, and constitutional arguments that would have been dismissed five years ago now receive serious consideration from courts.

What Happens After an Arrest for a Weapons Offense

If you are arrested and booked into jail on a weapons charge, the process follows Arizona’s standard criminal procedure. You will be booked, given an initial appearance within 24 hours, and either released on bond or held pending a hearing. For weapons offenses, especially those involving prohibited possessors with prior felonies, prosecutors often argue for high bond amounts or pretrial detention.

A weapons charge moves through the same court process as any other felony: preliminary hearing or grand jury indictment, arraignment, disclosure, motions (including suppression motions), and either plea negotiation or trial. The timeline from arrest to resolution is typically 4 to 8 months, though complex cases involving constitutional challenges or federal overlap can take longer.

Restoration of Gun Rights After Conviction

Arizona law allows most convicted felons to petition for restoration of their gun rights after completing their sentence. The process, timing, and eligibility depend on the nature of the conviction.

First-time, non-dangerous felony offenders may apply for restoration of gun rights two years after absolute discharge from their sentence (including probation, parole, and community supervision).

Multiple felony offenders and those convicted of dangerous offenses may apply ten years after absolute discharge. For certain serious offenses, gun rights can never be restored under Arizona law.

The process involves filing a petition with the court in the county where the conviction occurred. The court considers the applicant’s criminal history, rehabilitation, and whether restoring rights would pose a risk to public safety. There is no guarantee of approval, and many petitions require supporting evidence of rehabilitation.

Federal firearms restrictions may apply independently. A person whose state gun rights have been restored may still be prohibited under federal law if their conviction falls within certain categories. Consulting with a criminal defense attorney before purchasing or possessing a firearm after a felony conviction is essential.

For a detailed overview of the restoration process, see our guide on restoration of rights after a criminal conviction.

Frequently Asked Questions

Can I carry a gun without a permit in Arizona?

If you are 21 or older, a U.S. citizen or legal resident, and not a prohibited possessor, you may carry a firearm openly or concealed without a permit anywhere that is not a restricted location. If you are 18 to 20, you may carry openly but need a CCW permit for concealed carry.

What makes someone a prohibited possessor in Arizona?

A felony conviction in any jurisdiction, a domestic violence conviction (including misdemeanors), an active order of protection restricting firearm possession, being found a danger to self or others by a court, being found incompetent or not guilty by reason of insanity, or being an undocumented person. Probation or parole status for felonies and domestic violence offenses also qualifies.

What is the penalty for a prohibited possessor caught with a gun?

Possession of a firearm by a prohibited possessor is a Class 4 felony. The presumptive sentence for a first offense is 2.5 years in prison. Prior felonies significantly increase the range. If the prior conviction was for a dangerous offense, mandatory prison applies with no probation option.

Are there places in Arizona where I cannot carry a firearm even with a permit?

Yes. Schools (K-12), polling places on election day, federal buildings and courthouses, nuclear and hydroelectric facilities, the secure areas of airports, and any private property or business that has posted signage prohibiting weapons. Carrying in a bar or restaurant while consuming alcohol is also prohibited.

Can my gun rights be restored after a felony conviction in Arizona?

In many cases, yes. First-time non-dangerous felony offenders may petition for restoration two years after completing all terms of their sentence. Multiple felony or dangerous offense convictions require a ten-year wait. Some offenses permanently bar gun rights. The petition process requires a court filing and is not automatic.

What is the difference between a state and federal weapons charge?

State charges under ARS 13-3102 are prosecuted in Arizona Superior Court. Federal charges under 18 U.S.C. § 922 are prosecuted in U.S. District Court. Federal charges generally carry more severe sentences and are governed by federal sentencing guidelines. The same conduct can sometimes be prosecuted in either system.

Can I be charged with a weapons offense if the gun was in my car during a DUI?

Yes. If you are carrying a concealed weapon and consuming alcohol (as evidenced by the DUI arrest), prosecutors can charge misconduct involving weapons under ARS 13-3102 in addition to the DUI charges.

What should I do if I am charged with a weapons offense in Arizona?

Contact a criminal defense attorney immediately. Weapons charges carry serious penalties including prison time and permanent loss of gun rights. An attorney can evaluate whether the search that produced the weapon was lawful, whether you are correctly classified as a prohibited possessor, and whether constitutional defenses apply to your case.

Protect Your Rights. Call Rideout Law Group Today.

Weapons charges in Arizona carry prison time, felony records, and the permanent loss of constitutional rights. Whether you are facing a prohibited possessor charge, a misconduct involving weapons allegation, or a federal firearms case, the defense strategy matters from day one.

Rideout Law Group represents clients across Arizona in weapons cases at both the state and federal level. Our attorneys understand Arizona gun law, the prohibited possessor framework, and the constitutional arguments that can make the difference between conviction and dismissal.

Scottsdale Office: 480-584-3328 Lake Havasu Office: 928-854-8181

Call today for a confidential consultation.

Related Resources From Rideout Law

Key Takeaways

A.R.S. 13-3102 lists 16 distinct offenses under misconduct involving weapons.
Felons, domestic violence offenders, and people on certain protective orders are prohibited possessors.
Possession of a prohibited weapon (sawed-off shotgun, automatic firearm, silencer) is a Class 4 felony.
Possession of a deadly weapon by a prohibited possessor is a Class 4 felony.
Discharging a firearm in city limits is a Class 1 misdemeanor in most circumstances; reckless discharge can be felonious.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 13-3102: Arizona Revised Statutes
A.R.S. 13-3101: Arizona Revised Statutes
A.R.S. 13-707: Arizona Revised Statutes
A.R.S. 13-702: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.