Facing firearms crimes charges is serious. Arizona law treats weapons offenses harshly, and a conviction can carry steep penalties. These include prison time, heavy fines, and a permanent mark on your record.
If a firearm was found during a Peoria traffic stop, separate three issues: why the vehicle was stopped, how the weapon was discovered, and what links a particular person to possession or control. A search issue and a possession issue require different facts, even when they arise from the same encounter.
At Guardian Law Group, our criminal defense attorneys help people across Peoria, Phoenix, and the surrounding communities fight weapons charges. We review the evidence carefully, explain your options clearly, and develop a defense strategy based on the facts.
What Are Firearms Crimes in Arizona?
Arizona has its own firearms laws that exist alongside federal law. Many of these offenses carry serious consequences. Because of this, it is important to understand what kinds of charges fall under this category.
Firearms crimes cover a broad range of conduct. Some involve possessing a weapon illegally. Others involve using a firearm during another crime.
Common Types of Firearms Charges
- Unlawful possession of a firearm — possessing a weapon when prohibited by law, such as after a felony conviction
- Misconduct involving weapons — carrying a weapon in a prohibited place or manner
- Aggravated assault with a deadly weapon — using or threatening with a firearm during an assault
- Armed robbery — robbery plus a weapon-related alternative listed in § 13-1904; theft while armed is not a complete definition
- Discharging a firearm — unlawfully firing a weapon in a populated area
- Trafficking or transferring firearms illegally — selling or transferring weapons outside of legal channels
If the papers identify a federal charge, keep that statute, court and case number separate from any state matter. A federal label alone does not establish a particular penalty, and the charge should not be inferred solely from which agency conducted the investigation.
How Arizona Law Treats Firearms Offenses
A firearm charge is not automatically a dangerous offense. § 13-105(13) defines dangerous offense through discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or intentional or knowing infliction of serious physical injury. Review the alleged conduct rather than assuming possession alone supplies that designation.
§ 13-704 sets prison terms and eligibility restrictions when its requirements apply. Under subsection L, a dangerous-offense allegation must be charged and admitted or found by the trier of fact. The applicable offense and criminal history still matter; an allegation should not be described as an automatic sentencing result.
Felony vs. Misdemeanor Weapons Charges
Not every firearms charge is a felony. However, many are. Misdemeanor weapons offenses can still result in jail time, fines, and a criminal record.
Felony firearms charges, on the other hand, carry much heavier penalties. These can include years in state prison. They may also result in the permanent loss of your right to possess a firearm.
For example, misconduct involving weapons can be charged as either a misdemeanor or a felony depending on the circumstances. Meanwhile, aggravated assault with a deadly weapon is typically a serious felony charge from the start.
Prior Convictions and Enhanced Penalties
Prior criminal history can significantly affect your case. Arizona law allows prosecutors to seek enhanced penalties for repeat offenders. Therefore, someone with a prior felony conviction who is found with a firearm may face much harsher consequences than a first-time offender.
Furthermore, certain federal laws prohibit specific individuals from owning or possessing firearms entirely. Violating these restrictions can lead to separate federal charges. As a result, understanding your full legal picture is critical.
Defending Against Firearms Charges in Peoria and the Phoenix Area
A firearms charge does not automatically lead to a conviction. There are often meaningful defenses available. However, identifying and building those defenses requires a careful review of the facts, the evidence, and the law.
Our attorneys serve clients in Peoria, Phoenix, Glendale, Surprise, and communities throughout the West Valley and greater Phoenix metro area. We take the time to understand your specific situation before developing a defense strategy.
Challenging the Legality of the Stop or Search
One of the most important areas to examine is how the police obtained evidence. Law enforcement must follow constitutional rules when stopping, detaining, or searching a person. Therefore, if they violated your Fourth Amendment rights, the evidence they found may not be usable in court.
Build a timeline of the stop from available reports and recordings: the stated reason for the stop, questions asked, any request for consent, the beginning of the search and the discovery location. Mark what each source actually shows and any gaps. Have counsel evaluate the legal basis rather than assuming that the absence of a warrant alone resolves the search issue.
Questioning Whether You Legally Possessed the Firearm
Arizona’s § 13-105(34) defines possession as knowing physical possession or otherwise exercising dominion or control over property. Holding the firearm is therefore not the only possible inquiry. For a shared vehicle or home, examine the evidence of knowledge and control rather than ownership alone.
For a shared-space allegation, note the firearm’s exact location, who could access that area, whose belongings were nearby and what each person reportedly said. Keep those observations separate from conclusions about control. A shared address, vehicle or ownership document does not by itself answer every possession question.
Examining Witness Credibility and Evidence Quality
Compare the first recorded description of the firearm’s location with photographs, body-camera footage and the property inventory. Record a discrepancy precisely, including its source and timing, instead of assuming either a mistake or misconduct.
Our attorneys carefully review police reports, body camera footage, chain of custody records, and witness statements. Moreover, we look for inconsistencies and errors that could support your defense. Finally, we work to hold the prosecution to its burden of proof at every stage.
Exploring Applicable Exemptions and Defenses
Arizona law recognizes various lawful reasons a person may carry or possess a firearm. For example, certain exceptions exist for law enforcement officers, licensed dealers, and others. Additionally, self-defense arguments may be relevant depending on the circumstances of the case.
On the other hand, these defenses must be raised carefully and strategically. Asserting the wrong defense — or raising one poorly — can actually hurt your case. Because of this, working with an experienced attorney is essential.
The Importance of Acting Quickly After an Arrest
Time matters in any criminal case. Evidence can disappear, witnesses’ memories fade, and legal deadlines approach quickly. Therefore, reaching out to a defense attorney as soon as possible after an arrest is one of the most important steps you can take.
Moreover, anything you say to law enforcement after an arrest can be used against you. You have the right to remain silent and the right to have an attorney present during questioning. In addition, exercising these rights is not an admission of guilt — it is a smart legal decision.
Our team is available to help clients in Peoria, Scottsdale, Mesa, and throughout the Phoenix metro area. Contact us to discuss the evidence and next steps.
What to Expect During a Firearms Case in Arizona
Navigating the Arizona criminal court system can feel overwhelming. However, knowing the general steps involved can help reduce some of the uncertainty.
Arrest and Initial Appearance
After an arrest, you will typically appear before a judge within 24 hours. At this stage, the judge sets bail or determines whether you will be held. Therefore, having an attorney involved early can make a real difference in your release conditions.
Arraignment and Plea
Next, you will be formally advised of the charges against you. You will enter an initial plea at this stage. Furthermore, your attorney can begin gathering discovery — the evidence the prosecution plans to use.
Pretrial Motions and Negotiations
Then comes the pretrial phase, where much of the critical legal work happens. Your attorney may file motions to suppress evidence or dismiss charges. Additionally, your attorney may negotiate with the prosecutor to reduce charges or reach a favorable plea agreement.
Trial
Finally, if the case proceeds to trial, your attorney presents your defense before a judge or jury. The prosecution must prove every element of the charge beyond a reasonable doubt. The defense can address the evidence and the elements actually alleged.
Frequently Asked Questions About Firearms Crimes in Arizona
Can I own a firearm in Arizona if I have a prior felony conviction?
Generally, no. Both Arizona and federal law prohibit people with felony convictions from possessing firearms. However, there are processes in some situations to restore firearm rights. An attorney can review your specific history and advise you on your options.
What does “misconduct involving weapons” mean in Arizona?
It is a broad charge under Arizona law that covers a range of conduct. For example, it can include carrying a weapon in a prohibited location or possessing a firearm while committing certain crimes. The charge can be a misdemeanor or a felony depending on the facts.
What happens if a firearm was found during a traffic stop?
Review the stop, search and possession questions separately. Bring available notices, reports, photographs and recordings, and identify where in the vehicle the firearm was reportedly found. Preserve the full files rather than a selected clip; the discovery sequence and access evidence may answer different questions.
Can a firearms charge be reduced or dismissed?
In some cases, yes. Prosecutors may agree to reduce charges as part of a plea agreement. Furthermore, if the evidence was obtained unlawfully or is insufficient, the case may be dismissed. However, outcomes vary widely based on the specific facts and circumstances.
How long do firearms cases take to resolve in Arizona?
It depends on the complexity of the case and whether it goes to trial. Some cases resolve in weeks through negotiation. Others take many months, especially if there are significant pretrial motions or a trial is required. Your attorney can give you a better sense of the timeline once they review your case.
Talk to a Peoria Firearms Defense Attorney Today
A firearms crimes charge can feel like your life is on hold. However, you do not have to face it alone. At Guardian Law Group, we provide straightforward answers, strong advocacy, and dedicated representation to clients throughout Peoria, Phoenix, Glendale, and the surrounding communities.
We understand what is at stake. Therefore, we work hard to protect your rights, challenge the evidence against you, and prepare a defense based on your circumstances.
Do not wait to get help. Contact Guardian Law Group today to request a free consultation and speak with a Phoenix criminal defense attorney about your situation.
This content is general educational information only and is not a substitute for legal advice from a licensed attorney about your specific situation.