Arizona Criminal Defense Attorney Blog

Gun Laws: Who are Prohibited Possessors?

Prohibited Possession or Use of Firearm Laws Phoenix Arizona

Under Arizona Law A.R.S. § 13-3102 a person may be guilty of misconduct with weapons if they knowingly:

1. Possess a “deadly weapon” or “prohibited weapon” and is a “prohibited possessor” as defined under A.R.S. § 13-3101; and/or
2. Transfers or sells a “deadly weapon” to a prohibited possessor or user.


Prohibited Possessors of Firearms

Under A.R.S. § 13-3101. 7. “prohibited possessor” is a person who is:

• Found to be danger to self or to others; disabled or gravely disabled under order; and whose right to possess a firearm has not been restored by Law in Arizona;
• A convicted felon in Arizona or any other state; adjudicated or delinquent of a felony offense; and whose civil right to possess or firearm has not been restored;
• Serving a term of imprisonment in any correctional or detention facility.

• Serving a term of probation for a crime of domestic violence, or a felony offense, parole, community supervision, home arrest, work release or other release while on parole or probation;
• Minors as defined under A.R.S. § 13-3111;
• An undocumented or nonimmigrant alien, in the state or any reason; or who is studying in this state and maintains a foreign residence outside of the USA. Certain exceptions apply to authorized nonimmigrant aliens;
(1) Who have valid and lawful sports hunting licenses issued in the USA;
(2) In the USA to participate in competitive target shooting, sports, hunting or trade show sponsored by the state or national firearms association or
(3) Certain authorized diplomats.

Weapons Crime Penalties for prohibited possessors of firearms
• If a person is found guilty of prohibited possession of a firearm in violation of their probation, it will result in reinstatement of the original sentencing of jail or incarceration, for which they were originally convicted and sentenced; and
• A person found carrying or using a firearm, if they are a prohibited possessor, will be charged with a Class 4 Felony;
• A persons found transferring or selling deadly weapons to a prohibited possessor will be charged with a Class 6 Felony;
Misconduct Involving Weapons Defense Attorney Phoenix AZ

Weapon crimes can be very serious, especially if a crime is committed and involves the use of a gun, or other weapon. A prohibited possessor of a gun will face loss of probation, parole, reinstatement of original sentencing, new and additional prison terms, fines, fees, loss of civil rights or inability to get them restored, if you had a prior felony conviction. If you face any charges involving weapons, you should consult a criminal attorney as soon as possible. If retained, they will preserve your rights, and defend your charges. Depending on the circumstances, there may be defenses that can be used to get charges dismissed or reduced, or factors that will mitigate sentencing.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com

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