Unlawful Possession of a Firearm in Arizona
In the state of Arizona, a person in the unlawful possession of a firearm is called a prohibited possessor. This title can be used under any number of circumstances for said persons, including those who are:
- Considered dangerous to himself or others,
- Are severely disabled,
- Are a convicted felon
- Are an adjudicated delinquent who has not yet recovered his or her right to possess or carry a firearm in the state of Arizona
- Have been convicted of domestic violence or another felony and is on probation
- Anyone who is on parole
- Anyone who is on work furlough or any other type of release
- Anyone under community supervision
- Anyone who is under house arrest
- Any minors who are not emancipated (without the consent of his or her parents or guardians)
One rule with some exceptions involves undocumented immigrants or migrants, who may only possess firearms under extremely specific circumstances, which have been approved by the courts.
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Unlawful Possession of a Firearm: When It’s About Where You Are, Not Who You Are
Unlawful possession of a firearm in Arizona can also have to do with where a firearm is taken, even if and when that person has every legal right to bear arms and does not meet any of the above-mentioned categories of people who may not have firearms.
In the state of Arizona, you may still be charged with unlawful possession of a firearm if you enter such locations or establishments with a firearm on your person. Some, but not all of these places include:
- Schools or educational facilities of any kind
- Military bases
- Corrections facilities
The Interesting Exception to Places Where Firearms are Allowed — and the Caveats
In the state of Arizona, you may not bring firearms into any type of restaurant, eatery, bistro, bakery, cafe, bar, or any other establishment that serves alcohol UNLESS two things are true:
- You have a concealed carry permit for your firearm
- You must not be drinking alcohol if you are carrying your firearm, even if it is concealed and you have the legal right to have it concealed in the state of Arizona
Firearms that are Illegal in Arizona, for Which You Will Be Charged with Illegal Possession
In the state of Arizona, certain firearms are illegal for you to have possession of no matter what. This list includes:
- Any firearm that — without being manually reloaded — can automatically fire more than one single shot with one single motion trigger function
- Any firearm equipped with a silencer
- Any type of rifle or shotgun type firearm of any make or model that has been modified with a total length that measures less than 26 inches
- Any shotgun manufactured or altered to have a barrel shorter than 18 inches
- Any rifle with a barrel length that is shorter than 16 inches
Penalties and Sentencing for Unlawful Possession of a Firearm in the State of Arizona
The body of laws covering the unlawful possession of a firearm in the state of Arizona is far-reaching and could be charged with penalties and sentencing that greatly vary from class 1 to 3 misdemeanor all the way up to a class 3, 4, or 6 felonies.
Here are some of the cases we’re asked about most and a list of some of the charges you may face for some of the most common crimes associated with unlawful possession of a firearm:
- Selling or giving a firearm to an individual associated with a gang or crime syndicate: Class 3 felony, minimum of 3.5 to a maximum of 7.5 years in prison
- If, as the prohibited possessor of a firearm you are found to have any firearm or any other illegal weapon: Class 4 felony, minimum of 2.5 to a maximum of 3 years in prison.
- Possessing a firearm during the commission of a felony crime: Class 4 felony, minimum 2.5 to a maximum of 3 years in prison (in addition to sentencing for any other felonies that were also committed during the commission of the same crime).
- Convicted of possessing a firearm at a school or on any school grounds: Class 6 felony, minimum 1 to maximum 1.5 years in prison
- Selling (or giving) a firearm to someone who is legally listed as a prohibited possessor: Class 6 felony, minimum 1 to maximum 1.5 years in prison
- Concealing a firearm on your person as a minor (under the age of 21): Class 3 misdemeanor, 30 days in jail, and $500 in fines
The Right Legal Representation for Unlawful Possession of a Firearm: An Experienced Defense Attorney in Arizona
We know that facing these kinds of charges can be scary for you and your loved ones, but it’s important to understand that there is a wide array of defense types simply because the charge of unlawful possession of a firearm itself is so vast in what it covers. At the Law Office of Daniel Hutto, our criminal defense attorneys have the experience it takes to win an illegal firearm possession case — we’ve done it for others, and we can do it for you, too.
Get started today with your free legal consultation — this is where, with total attorney-client privilege you can explain all the unique details of your case so we can help you begin building your winning defense. Dial 602.536.7878 today to ensure the best defense — and the best chance at getting your life back.
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Daniel saved my record by getting both DUI charges dropped. He truly connected with me and acted as if the case was happening to him. Daniel fights hard and aggressively in court by using real facts and laws. He made me feel secure and taken care of through his communication, diligence and patience to find every little detail and angle of my case. I felt as if we were a team and in this together. He's talented beyond his knowledge of the court system and laws. He's quick on his toes. I really could not have found a better lawyer. I am forever grateful for his thorough effort and determination to find success. Thank you Daniel!!!⭐⭐⭐⭐⭐ Anonymous (Review from Avvo)