Misconduct Involving Weapons: A.R.S. 13-3102

Misconduct Involving Weapons: A.R.S. 13-3102

When crimes in Arizona involve misconduct with weapons, the charges involved become more severe due to the seriousness of the situation. According to A.R.S. 13-3102, a person can commit misconduct involving weapons in one of sixteen ways:

1. Carrying a deadly weapon (except a pocketknife) concealed on his person or within his immediate control in or on a means of transportation:
   1. In the furtherance of a serious offense, a violent crime, or a felony offense. This is a class 6 felony.
   2. When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon. This is a class 1 misdemeanor.
2. Carrying a deadly weapon (except a pocketknife) concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under 21 years of age. This is a class 3 misdemeanor.
3. Manufacturing, possessing, transporting, selling, or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person. This is a class 4 felony.
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor. This is a class 4 felony.
5. Selling or transferring a deadly weapon to a prohibited possessor. This is a class 6 felony.
6. Defacing a deadly weapon. This is a class 6 felony.
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced. This is a class 6 felony.
8. Using or possessing a deadly weapon during the commission of any felony offense. This is a class 4 felony.
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise. This is a class 3 felony.
10. Unless specifically authorized by law, entering any public establishment, or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon. This is a class 1 misdemeanor.
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon. This is a class 1 misdemeanor.
12. Possessing a deadly weapon on school grounds. This is a class 1 misdemeanor but is a class 6 felony in the following instances:
    1. The offender is participating in a criminal syndicate by hiring, engaging, or using a minor for any conduct preparatory to or in completion of any offense in this section.
    2. The offender commits illegal control of an enterprise by hiring, engaging, or using a minor for any conduct preparatory to, or in completion of, any offense in this section.
    3. The offender involves or uses minors in a drug offense.
    4. The offender possesses, uses, sells, or transfers marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs in a drug-free school zone OR manufactures dangerous drugs in a drug-free school zone.
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person. This is a class 4 felony.
14. Supplying, selling, or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony. This is a class 3 felony.
15. Using, possessing, or exercising control over a deadly weapon in furtherance of any act of terrorism or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism. This is a class 2 felony.
16. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise. This is a class 3 felony.

Penalties for Misconduct with Weapons

The length of possible incarceration for misconduct involving weapons depends on the charge given to the crime.

Class 3 misdemeanors can result in incarceration of up to 30 days.

Class 1 misdemeanors can result in incarceration of up to 6 months.

For first time offenders:

Class 6 felonies can result in incarceration of up to 2 years.

Class 4 felonies can result in incarceration of up to 3.75 years.

Class 3 felonies can result in incarceration of up to 8.75 years.

Class 2 felonies can result in incarceration of up to 12.5 years.

What are Considered Deadly Weapons?

Deadly weapons in Arizona are any that are designed for lethal use, including firearms.

What are Considered Prohibited Weapons?

Prohibited weapons in Arizona include:

• Bombs, grenades, and rockets with a propellant charge of more than four ounces.
• Mines that are explosive, incendiary, or use poison gas.
• Any device that muffles the report of a firearm.
• Firearms that shoot more than one shot automatically by a single function of the trigger without manual reloading.
• Rifles with barrel lengths less than 16 inches.
• Shotguns with barrel lengths less than 18 inches.
• Any firearm made from a rifle or shotgun with an overall length under 26 inches.
• Breakable containers with flammable liquid and a flash point of 150 degrees Fahrenheit or less, with a device capable of being ignited.
• Chemicals, or chemical combinations, designed to generate gas that will cause mechanical failure, rupture, bursting, explosion, or detonation of the chemicals.
  • This includes dry ice.

What Does it Mean to Deface a Weapon?

Arizona considers the act of defacing to be anything that removes, alters, or destroys a manufacturer’s serial number on an object or item.

Misconduct involving weapons can land an offender with harsh penalties, with possible incarceration lengths increasing considerably for repeat offenders. If you have found yourself facing any charge for misconduct involving weapons, call Rideout Law Group right now.

RIDEOUT LAW GROUP

With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.

Our goal is for the best outcome for your criminal case, which can include:

• charges that are reduced or dropped.
• top experts reviewing your case.
• aggressive negotiations with the prosecution for plea bargains.
• fines or probation in lieu of jail time.

At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.

Call us today for a free consultation at 480-584-3328.