Facing weapons charges in Peoria, Arizona? Start with the specific allegation: who possessed the firearm, where it was found, and whether a prior conviction or another alleged offense is involved. This guide introduces those questions and the evidence to discuss during a criminal defense consultation.
If you’ve been arrested or investigated for a weapons-related crime, it’s crucial to understand the laws, penalties, and your rights. At Guardian Law Group, we defend clients accused of weapons misconduct, prohibited possession, and firearm-related offenses across Peoria, Glendale, Phoenix, and Maricopa County.
Understanding Arizona Weapons and Firearm Laws
Arizona law allows most adults to own and carry firearms without a permit, but there are still strict rules about who can possess a gun, where you can carry it, and how it’s used.
Weapons offenses are primarily outlined under A.R.S. § 13-3102, which defines misconduct involving weapons. This statute covers a range of actions that can lead to felony charges.
Common Firearm-Related Offenses Include
- Prohibited possessor violations: Owning or carrying a gun if you’re legally banned from doing so
- Carrying a concealed weapon in a restricted location such as schools or government buildings
- Possessing a firearm during a drug or violent crime
- Illegal discharge of a firearm
- Selling or transferring guns unlawfully
- Possessing a defaced or stolen firearm
Even though Arizona allows permitless concealed carry, context matters. The presence of a weapon during another alleged offense can instantly elevate the charges and potential penalties.
Who Is Considered a “Prohibited Possessor” in Arizona
Under A.R.S. § 13-3101(A)(7), certain individuals cannot legally possess or own a firearm in Arizona. You may be classified as a prohibited possessor if you:
- Have a prior felony conviction and your civil rights haven’t been restored
- Are currently on probation or parole for a felony
- Were convicted of a domestic violence offense
- Are unlawfully present in the United States
- Are deemed mentally incompetent by a court
Possession of a firearm by a prohibited possessor is one of the most common and serious weapons charges in Peoria. It is usually a Class 4 felony, which carries a potential prison sentence of up to 3.75 years for a first offense.
Penalties for Weapons Charges in Arizona
Penalties depend on the nature of the offense, prior criminal history, and whether the weapon was used in connection with another crime.
Typical Sentencing Ranges
- Prohibited possessor (A.R.S. § 13-3102): Class 4 felony, 1.5 to 3.75 years in prison
- Misconduct involving weapons during a felony: Class 3 felony, 2.5 to 8.75 years in prison
- Illegal discharge of a firearm: Class 6 felony, 0.5 to 1.5 years in prison, enhanced if injuries occur
- Use of a firearm in a violent or drug-related offense: Treated as a dangerous offense, requiring mandatory prison time and eliminating eligibility for probation or parole
Convictions can also result in loss of gun rights, fines, and long-term damage to your criminal record.
How Guardian Law Group Defends Weapons Charges
At Guardian Law Group, we approach each weapons case with a strategic and aggressive defense plan tailored to your situation. Our first step is to review the facts carefully, identify legal weaknesses, and ensure that your constitutional rights were not violated.
Common Defense Strategies Include
- Illegal search or seizure: Evidence obtained without a proper warrant or probable cause can be excluded
- Lack of knowledge: You may not have known the weapon was present or illegal
- Restored rights: Demonstrating that your firearm rights were reinstated after a prior conviction
- No criminal intent: Showing that possession or use of the weapon was lawful under Arizona’s carry laws
- Self-defense: If you used a firearm to protect yourself or others, A.R.S. § 13-404 and A.R.S. § 13-405 may justify your actions
Our goal is always to get charges dismissed, reduced, or resolved favorably through negotiation or trial.
How Weapons Charges Often Arise in Peoria
Weapons-related arrests frequently occur during:
- Traffic stops where police discover a firearm in a vehicle
- Domestic disturbances involving a weapon
- Drug or violent crime investigations
- Routine searches during probation or parole checks
Even minor incidents can quickly escalate into serious felony cases if a weapon is involved. Because of this, it’s essential to involve a criminal defense attorney immediately.
What to Do After a Weapons Arrest in Arizona
If you are arrested or questioned about a firearm:
- Stay calm and polite when interacting with law enforcement
- Do not admit ownership or intent to use the firearm
- Invoke your right to remain silent and ask for your lawyer
- Avoid discussing your case with anyone except your attorney
These steps can protect you from giving prosecutors additional evidence to use against you later.
Why Choose Guardian Law Group for Weapons and Firearms Defense
When you’re accused of a weapons crime, experience and precision matter. Guardian Law Group focuses exclusively on felony defense, meaning we have the knowledge and courtroom experience necessary to handle complex firearm cases.
We provide:
- In-depth understanding of Arizona firearm laws and A.R.S. § 13-3102
- Strategic analysis of police procedures and search warrants
- Strong negotiation skills to reduce or dismiss charges
- Effective trial representation for serious felony cases
- Clear communication with clients and their families
Our attorneys defend clients throughout Peoria, Glendale, Surprise, and Maricopa County.
Frequently Asked Questions
Can I legally carry a gun in Arizona without a permit?
Yes. Arizona allows permitless concealed and open carry for adults age 21 and older. However, you must still follow laws about restricted areas and prohibited possession.
What happens if I carry a gun while on probation?
Carrying a firearm while on felony probation violates A.R.S. § 13-3102 and can result in a new felony charge with mandatory prison time.
Can a prior felon restore gun rights in Arizona?
Possibly. After completing your sentence and probation, you can apply to have your civil rights restored. The process depends on your offense type and record.
What should I do if police find a gun in my vehicle?
Stay calm, do not admit ownership, and ask to speak with your lawyer. Do not answer further questions until you have legal representation.
Contact Guardian Law Group Today
A weapons charge in Peoria can have lifelong consequences, but the right defense can make all the difference. Whether you’re accused of being a prohibited possessor or facing a firearms enhancement on another charge, Guardian Law Group is ready to protect your rights.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.