WEAPONS CHARGES

Misconduct Involving Weapons

In Arizona, the law liberally permits people to carry firearms. However, that right can be taken away.  Felony convictions and some types of misdemeanors can make someone a prohibited possessor.  Misconduct involving weapons is a Class 4 Felony in Arizona.

This felony is very serious and can be even more problematic if the defendant has felony priors.  Most people who are charged with misconduct involving weapons in Arizona have allegable felony prior convictions.

As such, the prosecution can make plea offers for misconduct involving weapons that are very harsh and involve significant prison time. Know that the first plea offer that they make can change.

An aggressive attorney can work to reduce pleas or work to get the case dismissed entirely.  Obviously every case is different.  That’s why it makes the most sense to meet in person, discuss your particular history, and then give concrete answers to your questions.

Our staff includes former prosecutors and a former police officer.  We have handled hundreds of cases involving misconduct involving weapons.  We know how the law works and the intricate defenses and affirmative defenses that are needed to successfully represent a client charged with this type of crime.

Our firm is dedicated to helping people understanding the charges that they face.  We believe that our clients should understand how the law works and how misconduct involving weapons is prosecuted.  Know that we will do everything possible for you.  Call today – 602-989-5000

ARIZONA REVISED STATUTES 13-3102

MISCONDUCT INVOLVING WEAPONS

A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or

(b) 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; or

2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or

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; or

4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or

5. Selling or transferring a deadly weapon to a prohibited possessor; or

6. Defacing a deadly weapon; or

7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or

8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or

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; or

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 pursuant to section 13-3102.01; or

11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or

12. Possessing a deadly weapon on school grounds; or

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; or

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; or

15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 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 as defined in section 13-2301; or

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.

 

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