An old felony conviction can still matter in a Prescott firearm case, but two questions should not be merged: whether you were legally prohibited from possessing the weapon on the alleged date, and how a prior conviction may affect sentencing. Review the actual judgment and relief orders, not just how many years have passed.
At Guardian Law Group, we represent individuals accused of prohibited weapons possession, and we know how to challenge both the conviction history and the legality of the firearm discovery. Our criminal defense team builds aggressive, strategic defenses designed to reduce charges, suppress evidence, or avoid prison entirely where possible.
Arizona Law on Prohibited Possessors
Section 13-3102(A)(4) prohibits knowingly possessing a deadly weapon or prohibited weapon while a prohibited possessor. For the felony-conviction category in § 13-3101(A)(7)(b), the question includes whether the civil right to possess or carry a firearm has been restored. Other categories require their own statutory review, including:
- A felony conviction or specified juvenile adjudication where the firearm right has not been restored
- Specified probation, parole, community-supervision or other release circumstances under § 13-3101(A)(7)(d)
- The specified mental-health order and restoration conditions in § 13-3101(A)(7)(a), or the separate competency or guilty-except-insane categories
- Any separate court order affecting weapons: bring the complete order for review rather than assume it is the same as the felony-conviction category
- The particular immigration categories and exceptions in § 13-3101(A)(7)(e), not noncitizenship alone
Review the exact charged subsection, the evidence of knowing possession and the claimed prohibited status on the relevant date. A felony’s age, a general civil-rights document and an order addressing firearm rights are not interchangeable.
What Counts as Possession?
Arizona courts recognize two types of possession:
- Actual possession: knowingly having physical possession of the weapon; proximity in a vehicle alone is not the definition
- Other possession: knowingly exercising dominion or control over the weapon; a shared location calls for review of knowledge and control, not an assumption based on ownership
This means you don’t have to be physically holding a firearm to be charged. Prosecutors may argue that if you had access and control, you possessed the weapon illegally.
Common Scenarios in Prescott Firearm Cases
We often see weapon possession charges arise during:
- Traffic stops where a firearm is discovered under the seat or glove box
- Domestic calls where a weapon is found in the home
- Drug investigations where firearms are seized with narcotics
- Searches based on probation or parole terms
In some cases, the firearm belongs to someone else, or the defendant did not even know it was present. These facts can make a major difference in the defense strategy.
Penalties for Prohibited Possessor Charges
The prohibited-possession offense in § 13-3102(A)(4) is classified as a Class 4 felony. Other alleged conduct, prior convictions or separate counts require their own sentencing analysis, including:
- Whether the weapon was stolen
- Whether it was used in connection with a crime
- Prior felony convictions
- Gang allegations or violent crime history
Under the ordinary first-felony framework in § 13-702, a Class 4 felony has five sentencing points from 1 year mitigated to 3.75 years aggravated, with a 2.5-year presumptive term. That is not necessarily the governing framework for someone with a prior felony. Counsel must determine the applicable sentencing law and probation eligibility rather than infer them from the charge label.
Defenses to Felon in Possession Charges
At Guardian Law Group, we don’t assume the case is open and shut. We explore all possible defenses, such as:
- Illegal search and seizure – If police violated your Fourth Amendment rights, the weapon may be excluded from evidence
- Lack of possession – If the gun wasn’t yours or you had no control over it
- Prior conviction and relief orders: Verify the judgment and the legal effect of any set-aside or firearm-restoration order on the alleged possession date. A set-aside label alone does not answer every status or sentencing question.
- No knowledge – If you didn’t know the weapon was there or had no intent to possess it
We also work with firearm experts and constitutional scholars when needed to challenge how the arrest or seizure occurred.
How Prior Convictions Affect Your Case
For an old felony, check the actual judgment and any later relief. Section 13-3101(A)(7)(b) does not end prohibited status merely because years have passed. Section 13-905(O) addresses firearm restoration when a conviction is set aside, except for serious offenses under § 13-706; § 13-905 also excludes certain offenses from set-aside relief. Review the signed order and applicable law rather than rely on a general record-clearing description. Relevant questions include:
- The nature of the prior offense
- Whether it was violent or non-violent
- Whether rights were officially restored by the court
- Federal vs. state definitions of prohibited possession
If the state misclassifies you as a prohibited possessor, we can present legal proof and move for dismissal.
FAQ: Weapon Possession With a Felony Record
Can I go to prison for having a gun in my car if I’m a felon?
Yes. Even constructive possession, like a gun in your glove box, can lead to felony charges if you’re a prohibited possessor.
What if the gun wasn’t mine?
That may be a defense if we can show you didn’t have control or knowledge of the weapon.
Can I restore my gun rights after a felony?
Possibly. Arizona allows certain rights to be restored, but not for all offenses. We can review your conviction history.
Can prosecutors use my old conviction even if it was years ago?
For prohibited status under § 13-3101(A)(7)(b), age alone does not remove the felony-based restriction; firearm restoration and the applicable legal conditions matter. Separately, whether a conviction qualifies as a historical prior for sentencing follows § 13-105(22) and the governing sentencing statute. Bring the judgment, discharge information and every relief order so counsel can keep those two questions separate.
Contact a Prescott Weapons Charges Defense Attorney
For a Prescott consultation, bring the charging papers, old judgment, discharge records and any set-aside or firearm-rights order. Identify when the alleged possession occurred and which documents were already effective. Guardian Law Group’s criminal defense team can review the documents and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.