Although Arizona has fewer restrictions on firearm use than many other states, there are still laws that you need to be aware of and follow. For many firearm offenses in the state, the consequences of a conviction can be severe. Here are some gun-related crimes in Arizona:
Firearms include “any loaded or unloaded handgun, pistol, revolver, rifle, [or] shotgun,” per Arizona Revised Statutes (ARS) 13-3101. It also includes any other weapon that “will expel, is designed to expel, or may readily be converted to expel a projectile” using an explosive. Deadly weapons, under Arizona law, are anything that has been designed for lethal use. This includes firearms.
Firearm Laws in Arizona
Some gun-related crimes in Arizona include:
ARS 13-3102 – Misconduct Involving Weapons
ARS 13-3102 outlines a variety of actions that constitute misconduct involving weapons, also called MIW. They may involve firearms, but can also apply to other types of weapons such as knives. The offenses within this statute range from a class 1 misdemeanor to a class 2 felony. Some crimes included in ARS 13-3102 are:
- Carrying a deadly weapon while committing a felony offense
- Possessing a deadly weapon if you are a prohibited possessor
- Sale or transfer of a deadly weapon to a prohibited possessor
- Entering a public establishment or event with a deadly weapon after a reasonable request by the operator/sponsor to remove this weapon
- Selling or giving a firearm to someone you have reason to know will use said firearm to commit a felony
Of the various offenses included in ARS 13-3102, prohibited possession is one of the most common and most well-known.
ARS 13-3107 – Unlawful Discharge of a Firearm
Discharging a firearm under the circumstances described in ARS 13-3107 is a class 6 felony. Specifically, this law applies when someone discharges a firearm within or into the limits of a municipality unless certain exceptions apply. Exceptions include firing at a supervised shooting range, hunting with a proper license and meeting all other necessary requirements, and using a gun in self-defense.
ARS 13-1209 – Drive-By Shooting
Per ARS 13-1209, it is illegal to intentionally discharge a weapon from a motor vehicle. This applies if the person is shooting at another person, an occupied motor vehicle, or an occupied structure. It is a class 2 felony.
ARS 13-1204 – Aggravated Assault
Assault is defined in ARS 13-1203. Assault includes circumstances when a person:
- “Intentionally, knowingly, or recklessly” injures someone else
- “Intentionally” makes another person reasonably fearful of imminent injury
- “Knowingly” touches someone else with the “intent to injure, insult, or provoke” them
ARS 13-1204 expands on this definition and lists aggravating factors, which increase the penalties for assault. One such circumstance is using a “deadly weapon or dangerous instrument,” which could be a firearm. This type of aggravated assault is a class 2 felony.
Are You Facing Firearm-Related Charges?
Our criminal defense attorneys handle a wide variety of cases, including firearm offenses. We can help defend your rights and will fight to achieve the best possible outcome.