Understanding ARS Misconduct Involving Weapons: ARS 13-3102
Facing a misconduct involving weapons charge can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide provides an in-depth examination of the misconduct involving weapons ARS law. It explains key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with misconduct involving weapons, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What Is Misconduct Involving Weapons?
Arizona’s misconduct involving weapons law, ARS 13‑3102, covers a broad range of conduct involving firearms and other deadly weapons. The statute is intentionally wide‑reaching, and you can violate it in many different ways depending on where you are, how you handle a weapon, and whether you are legally allowed to possess one in the first place.
Each subsection of the law identifies a specific type of behavior that can lead to criminal charges, from improper possession to using a weapon during a crime.
1. Status Based Offenses:
- Possession of a Prohibited Weapon as a Prohibited Possessor: If you are a prohibited possessor, you commit misconduct by knowingly possessing a prohibited weapon or deadly weapon.
- Concealed Carry by a Person Under 21: You commit misconduct if you are under twenty‑one and carry a concealed deadly weapon on your person or in your car.
2. Action Based Offenses:
- Carrying a Concealed Weapon During a Serious Crime: You commit misconduct involving weapons if you knowingly carry a concealed deadly weapon while committing a serious or violent offense.
- Failing to Notify an Officer of a Concealed Weapon: You violate the law if you are carrying a concealed deadly weapon and you fail to inform a law enforcement officer when the officer asks during a lawful stop. However, a defense may apply if you were on your own property, or if the weapon was openly visible or secured in a case, holster, piece of luggage, or a vehicle compartment, and the circumstances did not legally require you to disclose its presence.
- Manufacturing or Possessing Prohibited Weapons: You violate the statute if you manufacture, possess, transport, sell, or transfer a prohibited weapon. A defense may apply if you are a licensed manufacturer, dealer, or importer, or if you were transporting the weapon as merchandise in a lawful business activity.
- Providing a Weapon to a Prohibited Possessor: You commit misconduct if you knowingly sell or give a deadly weapon to someone you know is a prohibited possessor.
- Defacing a Firearm’s Serial Number: You violate the law if you knowingly remove, alter, or destroy a firearm’s serial number.
- Possessing a Defaced Weapon: You commit misconduct if you knowingly possess a firearm with a defaced serial number.
- Using or Possessing a Weapon During Felony Drug Offense: You commit misconduct if you use or possess a deadly weapon during the commission of a felony drug offense.
- Shooting at an Occupied Structure for a Criminal Organization: You violate the law if you fire a gun at an occupied structure to assist or promote a criminal street gang or criminal organization.
- Supplying a Firearm for Use in a Felony: You commit misconduct if you knowingly supply a firearm to someone when you know or have reason to know it will be used to commit a felony.
- Using or Possessing a Weapon to Support Terrorism: You violate the law if you use or possess a deadly weapon with the intent to support terrorism or a terrorist organization.
- Trafficking Weapons for a Criminal Organization: You commit misconduct if you knowingly traffic weapons or explosives for a criminal street gang or criminal organization.
3. Location Based Offenses:
- Bringing Weapons Into Restricted Public Buildings or Events: You violate the statute if you bring a deadly weapon into a public building or event after being lawfully instructed to secure or store it. A defense may apply if the building failed to provide proper storage, or if you were a peace officer, military member on duty, or another person legally authorized to carry.
- Carrying a Weapon Into a Polling Place: You commit misconduct if you knowingly carry a deadly weapon into an election polling place. A defense may apply if you were a peace officer acting within official duties, because the statute exempts certain authorized personnel.
- Possessing a Weapon on School Grounds: You violate the law if you possess a deadly weapon on school grounds, except in narrow circumstances. Defenses include having the weapon unloaded and secured in a vehicle, participating in an approved school program, or being a peace officer or authorized security professional.
Bringing a Weapon Into a Nuclear or Hydroelectric Plant: You commit misconduct if you knowingly bring a deadly weapon into a nuclear or hydroelectric generating station. A defense may apply if you were authorized by the facility, or if you were a peace officer or security professional performing official duties.
Key Concepts of Misconduct Involving Weapons
- Knowingly: You are aware of your actions or the circumstances that make up the offense. Knowingly does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Possess: Knowingly have physical possession of property or exercise control or authority over it.
- Prohibited possessor: Someone who is legally barred from having a firearm because of their status or circumstances. This includes people who have certain court‑ordered mental‑health findings, individuals convicted of a felony whose gun rights have not been restored, anyone currently in jail or prison, and people on probation, parole, community supervision, or similar forms of release for a felony or domestic‑violence offense. It also includes undocumented individuals and most nonimmigrant visitors. Some people in these groups are exempt if they fall under specific exceptions, such as holding a valid hunting license or participating in approved shooting events. A person is also a prohibited possessor if they have been found incompetent under Rule 11 or have been found guilty except insane.
- Deadly weapon: Anything designed for lethal use, including a firearm.
- Firearm: Any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, or other weapon that can fire, is designed to fire, or can be easily made to fire a projectile using an explosive. A firearm does not include a weapon that has been made permanently inoperable.
- Deface: Remove, alter, or destroy the manufacturer’s serial number.
- Occupied structure: Any building, vehicle, watercraft, aircraft, or other enclosed place with walls and a floor that can be secured on its own and is used for living, business, transportation, recreation, or storage. A structure is occupied if one or more people are inside, likely to be inside, or close enough to be in the same danger when a firearm is discharged. A house or dwelling, even if it is unoccupied or vacant, qualifies as an occupied structure.
- School grounds: In or on the grounds of a public or nonpublic kindergarten program, common school, or high school.
- Dangerous offense: An offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
Arizona Statute of Limitations for ARS Misconduct Involving Weapons
The statute of limitations is the deadline for filing criminal charges. For misdemeanor misconduct involving weapons, prosecutors must file the case within one year of the incident. For felony misconduct involving weapons, prosecutors have up to seven years from the date of the offense.
Sentencing for Misconduct Involving Weapons
The penalties for misconduct involving weapons are substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| FELONY MISCONDUCT INVOLVING WEAPONS | |||
|---|---|---|---|
| Class of Felony | Description | Prison | Probation (max) |
| Class 2 | Using or possessing a deadly weapon to support terrorism. | 3 – 12.5 years | 7 years |
| Class 3 | Trafficking weapons for a criminal organization; Supplying a firearm for use in a felony; Shooting at an occupied structure for a criminal organization. | 2 – 8.75 years | 5 years |
| Class 4 | Manufacturing or possessing prohibited weapons; Possession of a prohibited weapon as a prohibited possessor; Using or possessing a weapon during a felony drug offense. | 1 – 3.75 years | 4 years |
| Class 6 | Carrying a concealed weapon during a serious crime; Providing a weapon to a prohibited possessor; Defacing a firearm’s serial number; Possessing a defaced weapon. | 4 months – 2 years | 3 years |
An offense involving the discharge, use, or threatening exhibition of a deadly weapon can be charged as a dangerous offense, which significantly increases the penalties associated with the crime.
| FELONY MISCONDUCT INVOLVING WEAPONS (DANGEROUS OFFENSE) | |||
|---|---|---|---|
| Class of Felony | Description | Prison | Probation (max) |
| Class 2 Dangerous | Discharge, use, or threatening exhibition of a deadly weapon to support terrorism. | 7 – 21 years | Unavailable |
| Class 3 Dangerous | Shooting at an occupied structure for a criminal organization. | 5 – 15 years | Unavailable |
| Class 4 Dangerous | Using or possessing a weapon during a felony drug offense. | 4 – 8 years | Unavailable |
| MISDEMEANOR MISCONDUCT INVOLVING WEAPONS | |||
|---|---|---|---|
| Class of Misdemeanor | Description | Jail (max) | Probation (max) |
| Class 1 | Failing to notify an officer of a concealed weapon; Bringing weapons into restricted public buildings or events; Carrying a weapon into a polling place; Possessing a weapon on school grounds. | 6 months | 3 years |
| Class 3 | Concealed carry of a weapon by a person under 21. | 30 days | 1 year |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Misconduct involving weapons refers to illegal activities related to possessing, using, or handling weapons in Arizona. Common examples include carrying a concealed deadly weapon without proper authorization, possessing a weapon that Arizona law prohibits entirely, possessing a weapon when you are legally forbidden from doing so, or using any weapon while committing another crime. The law also covers selling weapons to people who can’t legally own them, altering weapons to hide their identity, and possessing weapons in places where they are forbidden, like schools or government buildings.
- Sentencing:
- Felony misconduct involving weapons carries significant prison exposure, ranging from a few months to more than a decade depending on the felony class, your criminal history, and whether the offense involves prohibited weapons, gangs, or terrorism.
- Penalties increase sharply when the offense is charged as “dangerous,” because using, discharging, or threatening someone with a deadly weapon eliminates the possibility of probation and results in much longer mandatory prison sentences.
- Misdemeanor misconduct involving weapons still brings real consequences, including up to six months in jail and lengthy probation for violations such as failing to notify an officer of a weapon, bringing a weapon into a restricted location, or carrying a concealed weapon under the age of 21.
- Statute of limitations: The statute of limitations for misconduct involving weapons is 1 year for misdemeanor offenses and 7 years for felony offenses.
Next Steps:
Misconduct involving weapons is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing misconduct involving weapons Arizona charges, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.