Articles Tagged with prohibited weapons

The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00.
A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns off the street so that they are not a threat to police officers or residents of the communities.

Here are some facts that have been released about the program:
• It will be conducted every Saturday in May, excluding Memorial Day weekend;
• Sessions will be held in various different parts of Phoenix in church parking lots or other trusted locations;
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• Anyone can drop off a weapon anonymously. City officials announced that no questions will be asked regarding the source of the firearm or it’s possessor;
• The owner will receive an unknown amount to be determined at a later date for the weapon;
• The Phoenix Police will check to see if the firearm was stolen. If so, it will be returned to the rightful owner;
• If the weapon was used in a criminal offense, it will be retained by police to be used an investigation.

• All other firearms will be taken out of circulation.

More details will be released as May approaches. For more information a person can contact *Arizonans for Gun Safety at 602-547-0976.


Criminal Defense Attorney Phoenix AZ

Gun offenses are very serious crimes in Arizona. Convictions under A.R.S. 13-3102 Arizona criminal code call for harsh penalties, many of which are felonies. All firearms used in the course of conducting or fleeing from a crime are felonies, and call for aggravated sentencing of the initial crime. Felony convictions call for a minimum sentence of 1 year in prison, and loss of the right to possess a gun, and classify the person as a Prohibited Possessor under the Arizona gun laws.

If you have been arrested for any weapons crimes under Arizona you should always consult a criminal defense attorney before pleading guilty to charges. If retained, they will protect your rights, defend your charges, and make every effort to get a good outcome in your case. There may be constitutional rights that were violated, or other defenses that may be used to resolve the matter favorably on your behalf.

*The Law Office of James Novak is a criminal defense firm serving clients in the Phoenix area. It has no affiliation with Arizonans for Gun Safety or the Phoenix Police Department.

Additional Resources:

• Phoenix Buyback Program

Arizona Gun Laws

Arizona sentencing for serious, violent or aggravated offenses

Phoenix Police Department

Phoenix Superior Court

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A Simulated Explosive Device (SED) is a “Prohibited
Weapons” under Arizona Law ARS § 13-3101.
Misconduct with a Prohibited Weapon such as SED is a
Class 5 felony. Knowing and intentional assault to a person
resulting from an SED is a Class 4 felony. All felony offenses in Arizona are
serious, and carry prison time. Here is a closer look at the
definitions, laws, and sentencing resulting from these offenses.

Prohibited Weapon Laws in Phoenix AZ

ARS § 13-3101 (8) (a)(i)(vi)(vii)(viii)(ix): Prohibited Weapons:

Simulated explosives are considered Prohibited Weapons and include (list not all inclusive:
• Improvised explosive devices (IEDs);
• Bombs; grenades, Propellant charged rockets with charges of more than 4 ounces Explosive mine; or other poisonous or incendiary gas;
• Breakable container containing flammable liquids or gases that flash at 150 degrees
• Chemical or combination of chemicals, compounds or materials, that generate gas causing rupture or bursting of a container;
• Any combination of materials designed with the purpose of making any of the items listed above.

Prohibited Weapons Classifications and Sentencing:

ARS § 13-3102. A. (3) Misconduct with Prohibited Weapons:

Simulated explosives are considered “prohibited weapons”. A person may be guilty of Prohibited Weapons charges if they manufacture, possess, transport, sell; or transfer a “prohibited weapon”.

A person guilty of assault by a Prohibited Weapon is a class 4 felony
And Misconduct with a Prohibited Weapon. Under A.R.S. § 13 -702 Prison Sentencing for
Sentencing for Misconduct with a “Prohibited Weapon”
• 0.1.5 Years Minimum to 3.0 Maximum
• 0. 1 Year Minimum Mitigated to 3.75 Years Maximum Aggravated
Simulated Explosive Devices

ARS § 13-3101. A (3) Explosives Include (in part):
• Dynamite;
• Nitroglycerine
• Black powder;
• Plastic explosives;
• Materials used with the intent of making explosives

ARS § 13 – 3110. (A) (B)
Misconduct involving simulated explosives:

A person may be guilty of Misconduct involving explosives if with the knowledge and intent to intimidate, threaten, harass or terrify another person if they :

• Send or place a simulated explosive device in a public or private place; or
• Display, place or send the simulated explosive in a conspicuous location for collectible, curio, or show purposes without proper labeling; clear and immediate warning, or written notice of its hazard or danger
Simulated Explosive Offenses Classification and Penalties

Misconduct involving simulated explosive devices is a class 5 felony, whether or not injury or. Harm Under A.R.S. § 13 -702 Prison Sentencing for Convictions for Misconduct with simulated explosives may result in:
• 0.75 Years Minimum to 2.0 Maximum
• 0.5 Years Minimum Mitigated to 2.5 Maximum Aggravated
Criminal Defense Attorney for Prohibited Weapons Charges Phoenix AZ

If you have been arrested or charged with possession, use, misconduct or assault with a Prohibited Weapon, you should contact a criminal defense attorney to discuss your matter. You will need to strong legal representation to protect your rights, defend your charges, and help you avoid conviction and prison terms.

Resources Links:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS

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