Although Arizona is well-known for having some of the most lenient gun possession laws in the country, they are still very strict when it comes to filing gun crime charges against those who break the law. If convicted, gun charges also come with very steep penalties, meaning you’ll need a highly experienced gun crime lawyer on your side.
At Ybarra Maldonado Law Group, a Phoenix criminal defense lawyer with our firm will be there every step of the way if you’re facing charges for a gun-related crime. Don’t risk your rights and your freedoms by settling for an attorney with less experience. Contact our gun crime attorneys as soon as possible to schedule your case evaluation with us.
Call our office at (602) 905-9299 or fill out our online intake form.
Gun Laws in Arizona
As we stated previously, Arizona has some of the loosest gun laws in the nation. Arizona gun laws do not require the following.
Firearm registration
Concealed carry weapons permits in order to carry a concealed weapon
Background checks for private sales (commercial sales still require background checks, as mandated by federal laws)
Unless someone is classified as a “prohibited possessor,” those who are 18 and older may legally buy, own, possess, and carry a firearm in Arizona. In order to buy a gun from a licensed dealer, however, the minimum age is 21.
Arizona gun laws also outline certain locations in which one may not have an open or concealed firearm. Locations where guns are prohibited in Arizona include the following.
Federal buildings
School buildings and school grounds
Polling places during election days
Airports past the security checkpoints
Juvenile detention centers, jails, and prisons
Nuclear or hydroelectric power stations
Any private property where the owner gives a reasonable notice that guns are prohibited
Public colleges and universities
If one were to carry a firearm in any of the above locations, it could be considered a misdemeanor or a felony. The severity of the charge depends on the exact location in which the gun crime occurred.
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Types of Weapons and Firearms Charges in Phoenix
Most gun crimes and weapons offenses are fairly straightforward. However, not all laws related to firearm and weapons charges are easy to understand. In the following sections, we outline the most common gun crime types that someone could face charges for in Phoenix.
ARS 13-3102 outlines the crime of Misconduct Involving Weapons. There are 17 different charges for misconduct involving weapons, but unlawful possession by a prohibited possessor is the most common. Before people in Arizona can become gun owners, they must ensure that they are not considered a prohibited possessor. In most cases, misconduct involving weapons charges are felony offenses. Other examples of misconduct involving weapons include the following.
ARS 13-2904 outlines Disorderly Conduct with a Weapon. Someone can be charged with this crime if they recklessly and knowingly display, handle, or discharge a firearm. They must do so with the intent of disturbing the peace and quiet of a neighborhood, an individual family, or even just one person. If convicted, this is a class 6 felony charge. Contact a disorderly conduct lawyer as soon as possible to fight for your rights and freedoms.
ARS 13-3107 outlines Unlawful Discharge of a Firearm, which is a class 6 felony. Additionally, it is often charged as what is known as a “dangerous offense,” which can make prison time mandatory for a first offense.
Arizona gun laws outline who qualifies as a “prohibited possessor.” Convicted felons and certain other individuals are legally not allowed to be in possession of a gun. If a convicted felon or other prohibited possessor is found with a gun, they may face mandatory prison time.
But what happens if you get caught with a ghost gun? Unless you are a prohibited possessor, or if the ghost gun kit does not meet federal regulations, you will not face charges for having a ghost gun in Arizona.
If someone commits the crime of assault while using a deadly weapon or dangerous instrument, this is considered aggravated assault. It is a class 3 dangerous felony that also carries a minimum mandatory prison sentence of 5 years. The sentence may last as long as 15 years and has no possibility of probation.
ARS 13-1904 outlines the crime of armed robbery. If someone robs another person while they either have a deadly weapon or while they threaten to use a deadly weapon. This offense is classified as a class 2 felony and is punishable by more than 12 years in prison.
ARS 13-1209 outlines the crime of a drive-by shooting. This crime is committed when someone fires a gun from a vehicle at an occupied building, vehicle, structure, or at a person. It is a serious class 2 felony that carries a mandatory minimum prison sentence of 7 years. The maximum sentence is 21 years. During this time, the defendant’s driver’s license is suspended for at least one year, but up to five years.
ARS 13-1202 outlines the crime of using a weapon in a threatening manner. In general, it is charged as a class 1 misdemeanor conviction. However, it could also be charged as a class 6 or class 3 felony in certain circumstances.
What Weapons and Firearms Are Illegal in AZ?
Even without the most stringent gun laws, there are still certain firearms and weapons that are illegal to own in Arizona. One cannot legally carry, buy, own, or possess any of the following types of firearms.
Rifles with a barrel length under 16 inches
Shotguns with a barrel length under 18 inches
Silencers or suppressors
Bump stocks (which federal laws have banned)
Guns that, in a single trigger pull without reloading, fire more than one shot
Penalties for Gun Crimes in Arizona
As we mentioned previously, the criminal justice system in Arizona doles out harsh penalties for those charged with a gun crime. This is true even if you have never had a criminal conviction before. The following sentences are possible if you are charged with a gun crime.
Class 6 felony: Mandatory prison sentence of one to three years.
Class 4 felony: Mandatory prison sentence of four to eight years.
Class 3 felony: Mandatory prison sentence of five to fifteen years.
Class 2 felony: Mandatory prison sentence of seven to twenty-one years. Your driver’s license may also be revoked for one to five years.
You may also face steep fines if you are convicted of a serious gun crime. Having these convictions on your criminal record may also hinder your ability to get housing, jobs, and much more. That’s why it is so critical to work with a criminal defense lawyer with extensive experience.
Possible Defenses for Gun Crimes
Depending on the circumstances of your case, there are a number of possible defense strategies that we could utilize in your case. Because the potential penalties are so steep, working with a qualified criminal defense lawyer is crucial for defending your rights and freedoms. Below, we list some of the possible defenses that could benefit your case.
Insufficient evidence to prove the charges against you.
Self-defense was the reason behind your actions.
Law enforcement officers conducted their investigation improperly.
You had no intention of committing the crime in question.
Why Choose Ybarra Maldonado Law Group to Represent You?
When you work with the defense attorneys at Ybarra Maldonado Law Group, we will investigate every aspect of your case in order to gather the evidence necessary to craft a solid defense. We have extensive experience defending the rights of Phoenix residents who are charged with serious crimes. You can’t afford to risk your future on a less seasoned legal team.
Our team ensures that your rights are protected and your voice is heard. We know that a gun crime conviction could be devastating, which is why we will fight aggressively on your behalf. If you’re looking for the most passionate defense team in Phoenix, you’ve come to the right place.
Do You Need a Phoenix Gun Crimes Attorney?
If you’re facing gun charges in Arizona, don’t settle for inexperienced gun crime attorneys. The legal team at Ybarra Maldonado Law Group will gather evidence to support your case, develop a defense strategy that works for you, and fight tirelessly for your rights and freedoms. We understand how scary and intimidating it can be to face a gun charge, but you don’t have to face it alone.
To schedule a case evaluation with one of our aggressive criminal defense lawyers, please call our office at (602) 905-9299 today.
