Gun Charges in Arizona

What Are Gun Charges in Arizona?

At Sheldora Law Firm, we understand that facing gun-related charges can be overwhelming and intimidating. Arizona has some of the most relaxed gun laws in the country, but there are still numerous regulations governing the possession, use, and sale of firearms. Violating these laws can lead to serious criminal charges, with penalties that include jail time, hefty fines, and the potential loss of gun ownership rights. Whether you’re facing charges for illegal possession, unlawful discharge, or other firearm-related offenses, it’s essential to understand the nature of the charges and how to protect your rights.

Gun charges in Arizona are governed by a variety of statutes under A.R.S. § 13-3101 to A.R.S. § 13-3120, which outline restrictions on who can possess firearms, how they can be carried, and the circumstances under which they can be used. Violating these laws can lead to misdemeanor or felony charges, depending on the nature of the offense and the circumstances surrounding the case.

Types of Gun Charges in Arizona

Arizona’s gun laws allow for legal open carry and concealed carry for most residents over the age of 21 without a permit. However, certain actions involving firearms are still illegal and can lead to criminal charges. Here are some of the most common gun charges in Arizona:

Prohibited Possessor (A.R.S. § 13-3102): Arizona law prohibits certain individuals from owning or possessing firearms, including convicted felons, individuals with certain mental health conditions, and those subject to restraining orders related to domestic violence. If you are considered a “prohibited possessor” and are found with a firearm, you can be charged with a felony.
Unlawful Discharge of a Firearm (A.R.S. § 13-3107): Also known as “Shannon’s Law,” it is illegal to discharge a firearm within city limits unless in self-defense or other lawful circumstances. Violating this law can result in a felony charge, even if no one is injured.
Carrying a Firearm in a Prohibited Location (A.R.S. § 13-3102): While Arizona allows for open and concealed carry, there are still certain places where carrying a firearm is prohibited, such as schools, government buildings, and private businesses that post signs prohibiting firearms. Violating these restrictions can result in criminal charges.
Illegal Sale or Transfer of a Firearm: Selling or transferring a firearm to someone who is not legally allowed to possess one is a serious offense in Arizona. This can apply to private sales without background checks or knowingly selling to someone who is a prohibited possessor.
Use of a Firearm in the Commission of a Crime: If a firearm is used or brandished during the commission of another crime, such as robbery, assault, or drug trafficking, the presence of the firearm can lead to enhanced charges and more severe penalties.

Penalties for Gun Charges in Arizona

Gun charges in Arizona carry significant penalties, especially when firearms are used in the commission of a crime or when someone is found to be a prohibited possessor. The penalties for gun-related offenses can vary depending on the specific charge and the circumstances of the case.

Prohibited Possessor: Being convicted as a prohibited possessor can lead to a Class 4 felony charge, with penalties that include up to 3.75 years in prison. For individuals with prior felony convictions, this sentence can be significantly increased.
Unlawful Discharge of a Firearm: Discharging a firearm within city limits under Shannon’s Law is a Class 6 felony, which can carry a sentence of up to 2 years in prison. If the discharge results in injury or death, the penalties will be even more severe.
Carrying in a Prohibited Location: Violating firearm restrictions in certain locations, such as schools or government buildings, can result in misdemeanor or felony charges depending on the circumstances, with penalties ranging from fines to jail time.
Use of a Firearm in a Crime: If a firearm is used in the commission of a felony, such as armed robbery or aggravated assault, the presence of the firearm can lead to enhanced sentencing under Arizona’s dangerous offense statutes. This can result in mandatory prison time, with no option for probation.

Defenses Against Gun Charges

At Sheldora Law Firm, we know that every gun charge case is unique, and we are dedicated to crafting a personalized defense for each client. Gun charges often arise from complex situations, and being charged doesn’t automatically mean you are guilty. Our legal team will work closely with you to develop a defense strategy that fits your specific case and circumstances.

Here are some common defenses we may explore in gun charge cases:

Lack of Knowledge: In some cases, individuals may not be aware that they were in possession of a firearm, such as when a weapon is found in a vehicle or bag without their knowledge. If we can prove you were unaware of the firearm’s presence, the charges may be dismissed.
Self-Defense: Arizona law allows individuals to use firearms in self-defense or in the defense of others. If you discharged or brandished a firearm to protect yourself from immediate harm, we may argue that your actions were lawful and justified under the state’s self-defense laws.
Fourth Amendment Violations: If the firearm was discovered as the result of an illegal search or seizure by law enforcement, we may challenge the admissibility of the evidence. If your constitutional rights were violated, any evidence obtained during the unlawful search could be thrown out.
Misidentification or Lack of Evidence: In some cases, gun charges arise from mistaken identity or a lack of reliable evidence. We will thoroughly investigate the circumstances of your arrest and challenge the prosecution’s case if the evidence against you is weak or based on faulty witness testimony.

Why You Need Legal Representation for Gun Charges

Gun charges are serious offenses in Arizona, and a conviction can lead to long-term consequences that affect your freedom, gun ownership rights, and future opportunities. It’s essential to have experienced legal representation to protect your rights and develop a strong defense. At Sheldora Law Firm, we have a deep understanding of Arizona’s gun laws and are dedicated to helping our clients navigate these complex cases.

Our legal team will work closely with you to understand the details of your case, review the evidence, and explore all available defenses. Whether it’s negotiating for reduced charges, challenging the legality of a search, or taking your case to trial, we will fight tirelessly to achieve the best possible outcome for your situation.

Conclusion

Facing gun charges in Arizona can be overwhelming, but with the right legal defense, you can protect your rights and fight for a positive resolution. At Sheldora Law Firm, we are committed to providing strong legal representation to individuals facing gun-related charges and ensuring that your case is handled with the attention and expertise it deserves.