Arizona Weapons Misconduct Laws at a Glance — and How We Defend You

What’s charged:

• Misconduct Involving Weapons (MIW) A.R.S. § 13-3102: wide range of conduct (e.g., carrying in prohibited places, defaced serial numbers, firing within city limits, etc.).
• Prohibited Possessor A.R.S. § 13-3101A7: felony convictions, pending indictments, on release, on probation, domestic violence convictions, civil protective orders in place, court orders, or mental-health adjudications can trigger prohibited possessor status—paired with possession = felony.

What the State must prove:

• Possession (actual or constructive) of the firearm/weapon;
• You were a prohibited possessor (and knew/should have known the status facts in many scenarios);
• Any location-based or conduct-based elements (e.g., prohibited place, defaced number).

Common defenses we use:

• Bad stop/search (vehicle, home, person) → suppression
• No possession (another’s bag/vehicle; no fingerprints/DNA; mere proximity)
• Status wrong or restored (set-aside, rights restored, expungement confusion)
• No knowledge of weapon or status (facts matter)
• Serial number not defaced / lab issues / chain of custody

Penalties at a glance:
Common charge levels (vary by subsection):

• Prohibited Possessor (A.R.S. § 13-3101 status + possession; charged under § 13-3102): typically a Class 4 felony.
• Defaced serial number / certain conduct under § 13-3102: often Class 6 felony.
• Location/behavior-based MIW under § 13-3102 (e.g., prohibited places): can be Class 1 misdemeanor in some scenarios. (Exact grading depends on the specific subsection alleged.)
• Felony exposure (first-time, non-dangerous):

Class 4: 1 – 3.75 years prison (presumptive 2.5); fines up to $150,000.

Class 5: 0.5 – 2.5 years (presumptive 1.5).

Class 6: ~0.33 – 2 years (presumptive 1).

• Probation may be possible on non-dangerous felonies, fact-dependent.)
• Misdemeanor exposure (first offense):

Class 1: up to 6 months jail, up to $2,500 fine (plus surcharges), up to 3 years probation.

• Notes that matter:

Status/knowledge and possession (actual vs. constructive) drive outcomes.

Illegal stop/search → suppression can collapse the case.

Rights restoration / set-aside may defeat “prohibited” status.

Separate federal exposure (18 U.S.C. § 922(g)) is possible in some fact patterns.

Real-world results turn on the specific subsection, priors, “dangerous” designations, and the court.

• We attack status proof, possession, and the stop/search first.

Possible outcomes:

• Dismissals / suppression-based wins
• Reductions (felony → misdemeanor or lesser felony)
• Diversion (select courts/circumstances), probation with conditions

What to do right now:

• Do not discuss the case with anyone but your lawyer
• Follow all release and no-contact conditions exactly
• Don’t discuss ownership or where the gun was found
• Preserve sales receipts, restoration paperwork, and communications
• List witnesses and who had access to the area/vehicle
• Get a defense plan moving quickly—early action creates better options

• And, if you are charged with Criminal Trespass (domestic violence), Taylor Law Group is a top-rated domestic violence defense and criminal defense law firm.