Contact a knowledgeable and experienced Arizona Weapons Laws attorney, today.

Arizona Weapons Laws Information – Including Concealed Weapons and Second Amendment Rights

If you or your loved one has been charged with a violation of an Arizona State Statute involving concealed weapons or other weapons laws, you will need immediate assistance from an experienced and aggressive criminal defense attorney to protect your rights and freedoms.

Prosecutors in Arizona take weapons laws violations very seriously. Enlisting an attorney with experience litigating such cases can make all the difference in the world. A violation involving a dangerous instrument will substantially increase the amount of potential jail time for you or your loved one. As defined under Arizona statutes, “dangerous instrument” means anything that is used, attempted to be used, or threaten to be used, in a manner that can potentially result in death or serious physical injury. A strong defense will be the best response you can offer to combat alleged weapons laws violations and to avoid prolonged incarceration. “Deadly weapon” is defined as anything designed for lethal use. “Serious physical injury” is defined so as to include physical injury which creates a reasonable risk of heath, or likely causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

An aggressive and experienced Arizona dangerous weapons laws attorney will be able to give you or your loved one the best defense against the charges brought by the State. Due to the unique nature of weapons regulations in Arizona, including concealed weapons laws, it is strongly advised that you chose an aggressive attorney, experienced in such litigation. The specific use of the weapon in your case will either define the item(s) as dangerous or not. While some items are inherently dangerous in the eyes of the law, others can become so based on their use. Since 1984, the decision to classify an object as a deadly weapon has been left to the jury. An experienced attorney will be able to communicate your situation and the unique facts surrounding your case to the jury.

Use or possession of a firearm or deadly weapon during the commission of a crime is an aggravating circumstance that can increase the sentence imposed as per Arizona Revised Statutes §§ 13-702, 13-710. The severity of such matters requires an attorney.

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Arizona Weapons Laws and Statutes

Some crimes which involve dangerous instruments or deadly weapons are:

Misconduct with Firearms §13-3102
Prohibited Possessor §13-3104.6
Aggravated Assault §13-1204
Aggravated Assault §13-1204
Murder §§13-1104, 13-1105
Negligent Homicide §13-1102
Manslaughter §13-1103
Burglary §§13-1505, 13-1508
Endangerment §13-1201
Threatening §13-1202
Shooting at Structures §13-1211
Unlawful Discharge ( Shannon’s Law) §13-3107
Knowingly Possession a Defaced Deadly Weapon §13-3102
Possessing a Deadly Weapon on School Grounds §13-3102

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Even though the Arizona Constitution Article 2, §26, reiterates the United States Constitution and states that the right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, you can still be charged with an array of Arizona weapons laws violations. As noted above, Arizona statutes cover the use of firearms during the commission of a crime; however they also regulate weapons use while walking in an area under the control of the National Park Service and during self-defense. The use of a weapon is a great responsibility; shooting at a criminal, even with legal justification, and accidentally hitting a bystander may constitute negligence on your part and could result in criminal charges.

Arizona weapons laws violations stem not only from the use of a weapon in a criminal matter, they can also result from prohibited possessor status resulting from a prior conviction. With Federal, as well as relevant State laws, there are times when you or your loved one will not know the possession status until it is too late. When a domestic violence case is involved, under Arizona Revised Statutes §§13-3601 and 13-3602, your firearms will be seized by law enforcement. This law became effective July of 1996, and allows law enforcement to seize any and all guns found in “plain view” or pursuant to a search of the premises. Even though Arizona weapons laws state weapons may be seized and concealed weapons permits revoked only from the aggressor(s), mistakes can be made given the short period of time law enforcement has at the specific scene. Under a Federal law, 18 United States Code §922(g)(9), it is unlawful for any person who has been convicted of a “misdemeanor crime of domestic violence” to possess, ship, transport, or receive firearms or ammunition. Violation of this code will cause you to face federal prosecution. Most individuals are not aware that their misdemeanor domestic violence charge contains wording which prohibits possession of firearms.

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Weapons Laws Violations Sentencing

Penalties are very serious when a matter becomes a dangerous crime, as most crimes become when dangerous weapons are involved.

Click here for several charts to further illustrate weapons laws violations sentencing.

Given the severity of the violation, you or your loved one will need an aggressive and experienced Arizona weapons laws attorney with experience in concealed weapons regulations, interstate gun transportation, aggravated assault, homicide, domestic violence, and probation violations. Through proper legal counseling and aggressive tactics, such as pre-trial motions, we will try to chip away the prosecution’s case, limit their introduction of harmful evidence, and exclude damaging witnesses. When the federal or state prosecutor’s office decides to pursue a case against either you or your loved one, they will have an experienced violent crimes attorney on their staff. We can consult with firearm experts, crime scene reconstructionists, and other experts in order to formulate a plan to aggressively and knowingly defend your specific case. In some matters, an issue of justification can be raised; however, only an experienced and aggressive attorney will be able to provide a defense that will ensure your freedoms are guarded and your rights are upheld.

Even if you or your loved one has been involved in the use of deadly force for a justified action, you may still be charged with a crime. The criminal justice system is not designed for clearing people without a trial, but rather is designed to prosecute people. The authorities may tell you that the matter will not be pursued. The State of Arizona still has the authority to levy charges against you at a later date if they so choose. In the event the State chooses not to charge you with a crime, they are not required to send you official rulings or notifications. In these matters, a proper and knowledgeable legal defense is necessary to protect your rights and to pursue the matter through the police and the State to clear your name. Recent legislation signed by the Governor has changed certain definitions under the justification clause regarding the use of force to defend residential structure or occupied vehicles. It is important you are well informed and up to date on the law pertaining to your situation, as your matter may be affected by relatively minor changes in the law.

If you have any further question pertaining to Arizona weapons law, including concealed weapons regulations, it is important that you contact us today.