A firearms charge in Glendale can raise two different evidence questions: how police found the weapon and what connects the accused person to it. A search issue is not the same as a dispute about knowing possession. This guide explains that distinction within the broader criminal defense review of the charge, evidence and possible next steps.
Many people feel overwhelmed after an arrest. However, knowing how Arizona handles firearms crimes can help you make informed decisions. At Guardian Law Group, our criminal defense attorneys help clients throughout Glendale, Phoenix, Scottsdale, and the wider Maricopa County area navigate these difficult situations.
This article provides general educational information about firearms crimes in Arizona. It is not legal advice. Every case is different, so we strongly encourage you to speak with a licensed attorney about your specific situation.
What Are Firearms Crimes in Arizona?
Arizona law covers a wide range of weapons-related offenses. These offenses vary in severity, from misdemeanors to serious felonies. Understanding what falls under this category is an important first step.
Some firearms charges involve possession. Others involve how a weapon was used during another crime. Because of this, the charges and potential penalties can differ significantly from case to case.
Common Types of Firearms Charges
Here are some of the most common firearms crimes seen in the Phoenix metro area, including Glendale and nearby communities like Peoria and Surprise:
- Prohibited possession — A.R.S. § 13-3102(A)(4) addresses possession of a deadly or prohibited weapon by a prohibited possessor. The possession allegation and the status alleged under § 13-3101(A)(7) should be identified separately.
- Misconduct involving weapons — Arizona’s broad category that covers carrying, possessing, or using a weapon in certain restricted ways.
- Aggravated assault with a deadly weapon — Using or threatening to use a firearm during an assault significantly elevates the charge.
- Drive-by shooting — Discharging a weapon from a vehicle is a serious felony under Arizona law.
- Weapons trafficking — Illegally selling or transferring firearms carries severe penalties.
- Unlawful discharge of a firearm — Firing a weapon within city limits or in certain restricted areas can result in criminal charges.
Furthermore, federal firearms charges can apply in some situations. Federal charges often carry harsher penalties than state charges. Therefore, it is critical to understand which laws apply to your case.
Arizona’s Weapons Laws: What You Should Know
Arizona is known for having relatively permissive gun laws in some areas. However, it also has strict rules that carry serious consequences when violated. Understanding these rules is important for anyone in the Glendale or Phoenix area.
Who Is Prohibited from Possessing a Firearm?
Arizona law prohibits certain individuals from owning or possessing firearms. These individuals include:
- People convicted of felony offenses
- Individuals subject to certain domestic violence restraining orders
- Those convicted of domestic violence misdemeanors
- Individuals adjudicated as mentally incompetent
- People convicted of certain drug offenses
If you fall into one of these categories and are found with a firearm, you could face a felony charge. Additionally, federal law may also apply, creating overlapping legal exposure.
Carrying Laws and Misconduct Involving Weapons
Arizona allows permitless carry in many situations. However, there are important limitations. For example, carrying a firearm into a school, polling place, or certain government buildings is prohibited.
Misconduct involving weapons covers different types of conduct. Read the subsection on the charging document rather than assuming every case turns on the same question. A possession allegation, a restricted-location allegation and an allegation involving another offense require different factual review.
Potential Penalties for Firearms Crimes in Arizona
The penalties for firearms crimes in Arizona can be severe. They depend on the specific charge, the circumstances, and your prior criminal history. Moreover, firearms charges often carry mandatory minimum sentences.
Felony vs. Misdemeanor Firearms Charges
Some firearms offenses are charged as misdemeanors. These still carry fines and possible jail time. On the other hand, many weapons charges are felonies, which can mean years in state prison.
Felony convictions also carry long-term consequences beyond prison. For instance, you may lose your right to vote, your right to possess firearms in the future, and your ability to work in certain professions. Because of this, a strong defense is critical from the very beginning of your case.
Enhanced Penalties for Dangerous Offenses
Arizona law classifies certain firearms offenses as “dangerous offenses.” This designation can trigger mandatory prison sentences with no option for probation. Therefore, having experienced criminal defense representation is essential when facing these types of charges.
In addition, prior convictions can elevate a charge and increase the sentencing range significantly. An attorney can review your record and the specific facts of your case to help you understand what you may be facing.
How a Firearms Defense Attorney Can Help
When facing a weapons charge, having skilled legal representation makes a significant difference. A criminal defense attorney can review the evidence, identify weaknesses in the prosecution’s case, and build a strategic defense on your behalf.
At Guardian Law Group, we take a careful, thorough approach to every case. We explain the charges clearly, walk through the evidence with you, and discuss all available options. Our goal is to help you make informed decisions every step of the way.
First Question: How Did Police Find the Firearm?
One of the first steps in defending a firearms charge is reviewing how the weapon was discovered. For example, was there a lawful stop and search? Was a search warrant properly obtained? These questions matter greatly.
Evidence obtained through an unlawful search may be suppressible. If key evidence is excluded, it can significantly weaken the prosecution’s case. Therefore, a careful review of the police reports, body camera footage, and other records is essential early in the process.
Second Question: What Shows Knowing Possession?
Possession is not simply an ownership question. A.R.S. § 13-105(34)–(35) addresses knowing physical possession or control. For a firearm found in a shared vehicle, examine where it was located, who had access and what statements or observations connect a particular person to it. These are evidence questions, not a rule that presence or another person’s ownership automatically resolves the case.
Keep these two lines of review separate. Body-camera footage may clarify the sequence of the stop and search, while the same footage or witness statements may bear on access to the weapon. An answer to one issue does not automatically resolve the other.
Negotiating with Prosecutors
In some situations, negotiating a favorable plea agreement may be the best path forward. Meanwhile, in other cases, taking the matter to trial may be the right choice. Every case is unique, and the right approach depends on the specific facts involved.
Our attorneys assess the evidence and the available options before recommending a course of action. That review informs whether to challenge evidence, discuss a proposed resolution or prepare for trial.
If you are facing a weapons charge in the Glendale area, do not wait to seek help. Contact Guardian Law Group today to schedule a consultation with our experienced criminal defense team.
What to Do After a Firearms Arrest in Arizona
Being arrested is frightening. However, the steps you take immediately after an arrest can impact your case significantly. Here are some general guidelines to keep in mind:
- Stay calm and do not resist arrest. Resisting can lead to additional charges.
- Exercise your right to remain silent. You are not required to answer questions beyond providing basic identification.
- Ask for an attorney immediately. Do not answer questions from law enforcement without legal counsel present.
- Do not discuss your case with others. Conversations can be used against you, including those in jail.
- Write down what you remember. Details about the arrest, the officers involved, and what was said can be helpful for your defense.
These steps are not a substitute for personalized legal advice. However, following them can help protect your rights in the critical period immediately following an arrest.
Frequently Asked Questions About Firearms Crimes in Arizona
Can I own a gun in Arizona if I have a prior felony conviction?
No. Arizona law generally prohibits individuals with felony convictions from possessing firearms. Federal law also prohibits this. Violating this prohibition is itself a serious felony offense. You should consult an attorney about your specific situation.
What is “misconduct involving weapons” in Arizona?
Misconduct involving weapons is a broad Arizona statute that covers various prohibited acts related to firearms and other weapons. It can apply to things like carrying a weapon while prohibited, bringing a gun into restricted areas, or possessing a weapon during a drug offense. The charge can be a misdemeanor or felony depending on the conduct involved.
Is it possible to have a firearms charge dismissed?
In some cases, yes. A dismissal may be possible if the evidence was obtained unlawfully, if procedural errors occurred, or if the prosecution cannot prove the elements of the charge. However, outcomes vary by case. Speaking with an experienced attorney is the best way to evaluate your options.
Do I need an attorney even if I think the charges are minor?
Yes. Even a misdemeanor firearms charge can result in jail time, fines, and a permanent criminal record. Additionally, a conviction can affect your future employment and housing options. Therefore, having an attorney review your case — even for a seemingly minor charge — is always a smart decision.
How soon should I contact an attorney after a firearms arrest?
As soon as possible. The earlier an attorney gets involved, the more time they have to preserve evidence, investigate the circumstances, and build a strong defense. Do not wait until your first court date to seek legal help.
Contact Guardian Law Group for Firearms Defense in Glendale, AZ
Firearms charges carry serious consequences. If you are facing a weapons charge in Glendale, Phoenix, or anywhere in the greater Maricopa County area, you deserve experienced, dedicated legal representation.
At Guardian Law Group, we listen to the account of the encounter, review the charge and discuss the evidence connecting you to the firearm. We are committed to clear communication about the issues and available defense options.
Do not face a firearms charge alone. Request a free consultation with our team today and take the first step toward protecting your future. Our attorneys are ready to answer your questions and help you understand your options.