While the Second Amendment grants Americans the right to bear arms, some people lose that right and are prohibited from purchasing or owning a firearm. If people who are not allowed to own firearms are caught with one, they could be arrested for illegal possession of a gun. The penalties for illegal possession of a gun in Arizona vary based on your criminal history, but it is always a felony offense.

What Constitutes Illegal Possession of a Gun in Arizona?

Illegal possession of a gun is a serious offense in Arizona. It is prosecuted under the Misconduct Involving Weapons statute, which is defined by the Arizona Revised Statutes § 13-3102. It states that a person commits Misconduct Involving Weapons by knowingly possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor.

What Does Prohibited Possessor Mean?

A prohibited possessor is anyone who is not allowed to own a gun under state or federal law. Both Arizona and the US government have issued restrictions on who is able to buy and possess firearms. If anyone who is subject to those restrictions is found in possession of a gun, they can be charged with Misconduct Involving Weapons.

Prohibited Possessors Under Arizona Law

Arizona has passed legislation limiting who is allowed to own and purchase guns in the state by classifying certain individuals as prohibited possessors. The definition of a prohibited possessor is found in Arizona Revised Statute § 13-3101(7).

There are several different kinds of prohibited possessors under Arizona law. The first category is people with a criminal history. The following groups of people with criminal backgrounds are listed as prohibited possessors:

• People who have been convicted of felonies or, as juveniles, were adjudicated delinquent for offenses that would have been felonies if they were adults.
• People who are imprisoned in any correctional or detention facility.
• People who are serving probation for domestic violence convictions or felony offenses.
• People who are serving parole, community supervision, work furlough, home arrest, or release on any other basis.

Prohibited possessors can also be people with disabilities or other physical or mental issues that would make it dangerous for them to own a firearm. This category includes:

• People who have been determined to constitute a danger to themselves or to others.
• People who have persistent or acute disabilities or grave disabilities pursuant to a court order.
• People who have been found incompetent and not subsequently found competent.
• People who have has been found guilty except insane.

Finally, Arizona law also includes some categories of aliens as prohibited possessors. Undocumented aliens or nonimmigrant aliens who are traveling in Arizona for business or pleasure, or who are studying in Arizona but have a foreign residence abroad are not permitted to possess or buy firearms in Arizona, subject to certain restrictions.

Arizona’s definition of a prohibited possessor is modeled after the federal Gun Control Act. However, Arizona’s law adds additional groups of people to the list of prohibited possessors on top of the federal restrictions.

Prohibited Possessor Under Federal Law

In America, laws that are passed by the federal government can apply to all of the states. So, in Arizona, you are subject to the state gun restrictions discussed above, as well as any rules issued by the federal government. The federal Gun Control Act of 1968 ( 18 U.S.C. § 922(g)) defines categories of prohibited possessors that are similar to Arizona’s law.

The Gun Control Act includes the following categories of people with criminal backgrounds as prohibited possessors:

• People who are fugitives from justice.
• People who are subject to restraining orders to prevent them from harassing, stalking, or threatening their intimate partners or the children of their intimate partners.
• People who have been convicted of misdemeanor domestic violence offenses.

In addition to these three groups of people with criminal backgrounds, the Gun Control Act also includes as prohibited possessors people who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. While this seems pretty straightforward, it actually is not. Title 8 of the United States Code, section 921(a)(20) clarifies that people who have been convicted of a state misdemeanor offense that is punishable by two years or less of jail time are not considered prohibited possessors under this restriction.

The federal law also allows for certain people who may be dangerous due to mental or emotional problems to be considered prohibited possessors. These groups include:

• People who are addicted to or are unlawful users of any controlled substance.
• People who have been adjudicated as mentally defective or have been committed to a mental institution.

Finally, the Gun Control Act defines the following additional categories of prohibited possessors:

• People who are illegal aliens.
• People who have been dishonorably discharged from the United States Armed Forces.
• People who have renounced their United States citizenship.

As you can see, there is quite a bit of overlap between the Arizona definition of a prohibited possessor and the federal definition, but there are some differences as well. If you are described in either the Gun Control Act’s or Arizona’s prohibited possessor definition, it is illegal for you to possess a gun in Arizona. When a prohibited possessor is caught with a firearm, they can be charged with Misconduct Involving Weapons for illegal possession of a gun.

What are the Penalties for Illegal Possession of a Gun in Arizona?

Possession of a firearm by a prohibited possessor is a Class 4 felony in Arizona. Class 4 felony offenders with no prior criminal record are subject to jail sentences between 1 year and 3.75 years.

The presumptive jail sentence, which is the default sentence you will receive if there are no mitigating or aggravating factors, is 2.5 years. Mitigating factors are facts or circumstances of the case that make the defendant less deserving of punishment, and therefore allow the sentence to be reduced. Aggravating factors, on the other hand, are facts and circumstances of the case that make the offense more serious. Aggravating factors can cause a sentence to be increased. Even taking mitigating and aggravating factors into account, all sentences for illegal possession-of-a-gun offenders with no criminal history fall in the 1 year to 3.75 years range.

However, many prohibited possessors do have a criminal history, as a conviction of a felony is a common reason for inclusion as a prohibited offender in the first place. If you have past felony offenses and are charged with illegal possession of a gun in Arizona, you could be facing prison sentences up to 15 years.

A Criminal Defense Attorney Can Help

Even though the penalties for illegal possession of a gun in Arizona can be severe, you should not give up hope. A knowledgeable criminal defense attorney knows how to defend against these kinds of charges. For example, your attorney may be able to argue that the police violated your constitutional rights when finding the gun on you. If your rights were violated, the prosecution will not be able to use any evidence that came from that violation against you. This could get your case dismissed or help your attorney negotiate a much better plea bargain. Don’t think that just because you were arrested that you will be convicted: criminal defense attorneys help people like you every day.