Quick answer

Most Arizona weapons charges fall under misconduct involving weapons (A.R.S. § 13-3102), which covers prohibited possessors, carrying in prohibited ways or places and prohibited weapons, and unlawful discharge of a firearm (A.R.S. § 13-3107). Recklessly handling or displaying a weapon can be felony disorderly conduct under A.R.S. § 13-2904. Many of these offenses are felonies.

Arizona Gun Law Basics

For most adults, Arizona law allows carrying a firearm openly or concealed without a permit. A concealed weapons permit under A.R.S. § 13-3112 is optional, though many people keep one for travel to other states and for some purchases. That freedom has limits, and the limits are where charges come from:

  • Who is carrying, including age and whether the person is a prohibited possessor
  • Where the weapon is carried, such as school grounds, polling places on election day, or establishments that ask you to store your weapon
  • What the item is, since some weapons are defined as prohibited
  • How the weapon is used, handled or displayed

Federal law adds its own rules, and some gun cases are prosecuted in federal court. This page focuses on Arizona state charges.

Misconduct Involving Weapons (A.R.S. § 13-3102)

“Misconduct involving weapons” is the umbrella charge for most Arizona gun and weapon offenses. The statute lists many separate ways to commit it. Some of the most common include:

  • Possessing a deadly weapon or prohibited weapon as a prohibited possessor
  • Carrying a concealed deadly weapon (other than a pocket knife) while under 21, with exceptions such as at home or when the firearm or holster is visible or in a case
  • Carrying a concealed weapon in furtherance of a felony
  • Failing to answer accurately when an officer who has contacted you asks whether you are carrying a concealed deadly weapon
  • Possessing a deadly weapon on school grounds
  • Entering a public establishment or event with a weapon after a reasonable request to store it with the operator
  • Possessing or selling a prohibited weapon, or selling or transferring a weapon to a prohibited possessor
  • Defacing a firearm, or possessing one knowing it was defaced

The seriousness ranges widely. Some forms are misdemeanors and many are felonies, depending on which subsection is charged. The statute also contains defenses and exceptions, so the exact subsection in your complaint matters.

Charged with misconduct involving weapons? The subsection on your paperwork matters. Hire a criminal defense attorney to challenge it before your court date.

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Prohibited Possessor Charges

A prohibited possessor is a person whom Arizona law bars from possessing firearms or other deadly weapons. Under A.R.S. § 13-3101, the list includes a person who:

  • Has a felony conviction, or a felony juvenile adjudication, and has not had the right to possess firearms restored
  • Is serving probation for a domestic violence offense or a felony, or is on parole, community supervision or another form of release
  • Is in a correctional or detention facility
  • Has been found by a court to be a danger to self or others, or to have certain disabilities, without restoration of rights
  • Has been found incompetent and not later restored, or found guilty except insane
  • Falls into certain immigration categories defined in the statute

Prohibited possessor cases frequently turn on possession. A gun found in a shared car, a roommate’s closet or a family home is not automatically yours. The State must prove you knowingly possessed it. Questions about whether an earlier conviction or rights restoration really left you prohibited can also be decisive.

On probation and accused of having a gun? Hire a defense attorney before you speak with your probation officer or police about it.

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Unlawful Discharge of a Firearm (Shannon’s Law)

Under A.R.S. § 13-3107, discharging a firearm with criminal negligence within or into the limits of a city or town is a felony. The law is often called Shannon’s Law, after a Phoenix teenager killed by a stray bullet. Celebratory gunfire on New Year’s Eve or the Fourth of July is the classic example, but backyard shooting and “warning shots” are frequent sources of charges too.

The statute lists exceptions, including lawful self-defense or defense of others, a properly supervised range, lawful hunting, blanks, and discharges more than one mile from any occupied structure. Whether an exception applies, and whether the State can prove who fired and from where, are common issues in these cases.

Disorderly Conduct Involving a Weapon

Recklessly handling, displaying or discharging a deadly weapon or dangerous instrument, with intent to disturb the peace or knowledge of doing so, is felony disorderly conduct under A.R.S. § 13-2904. Most other forms of disorderly conduct are misdemeanors, so the weapon is what turns the case into a felony.

These charges often come out of road rage incidents, neighbor disputes and arguments where a gun was shown but not fired. The line between lawful carry, lawful self-defense and reckless display can be thin, and witness accounts frequently conflict. Read more on our disorderly conduct page.

Assault, Threats and Other Violent Charges Involving a Weapon

When a weapon is part of an alleged assault, the case is usually charged as aggravated assault under A.R.S. § 13-1204, which treats the use of a deadly weapon or dangerous instrument as an aggravating factor. A weapon can also lead to charges such as threatening or intimidating (A.R.S. § 13-1202), endangerment (A.R.S. § 13-1201) or drive-by shooting (A.R.S. § 13-1209). Cases involving a deadly weapon are often treated as “dangerous” offenses, which can sharply increase the stakes.

See our pages on aggravated assault, violent crime defense and self-defense under Arizona law.

Accused of pointing or using a gun during a confrontation? Retain a defense attorney early, before you make any statements about self-defense.

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Domestic Violence Cases and Firearms

Domestic violence cases bring their own firearm rules. Police may temporarily seize firearms at a DV scene under A.R.S. § 13-3601. An order of protection can prohibit firearm possession if the court finds a credible threat. A person on probation for a DV offense is a prohibited possessor in Arizona, and federal law adds restrictions after certain DV convictions. See our domestic violence defense page for more.

Penalties and Consequences of a Weapons Conviction

Penalties depend on the specific offense, whether it is charged as a dangerous offense, and your record. Possible outcomes include probation, fines, jail and, for felonies, prison. Beyond the sentence, a weapons conviction can mean:

  • Becoming a prohibited possessor, sometimes for years
  • Forfeiture of firearms involved in the case
  • Loss of security, law enforcement, military or other jobs that require carrying
  • Serious immigration consequences for non-citizens, including some permanent residents
  • A felony record that appears on background checks

Not sure whether your charge is a felony? Read about the difference between a misdemeanor and a felony.

Defending Arizona Weapons Charges

Weapons cases tend to turn on four questions: whether you possessed the weapon, whether you were legally barred from it, whether an exception or justification applies, and how police found it.

  • No knowing possession. Being near a gun, or in a car or home where one was found, does not by itself prove possession.
  • Not a prohibited possessor. Earlier convictions, probation terms and rights restorations need to be checked closely.
  • Statutory exceptions. A.R.S. § 13-3102 and A.R.S. § 13-3107 both contain exceptions and defenses that may fit the facts.
  • Justification. Arizona law permits the use or threatened use of force, including deadly force, in certain situations of self-defense or defense of others.
  • Unlawful search or seizure. Many weapons are found during traffic stops and searches. If the stop or search was unlawful, the evidence may be challenged.

Christian Lueders reviews body camera video, reports and lab results to decide which approaches fit. No outcome can be guaranteed.

Charged in Scottsdale? Our Scottsdale weapons charges page covers local courts and procedures. Firearm cases are also handled in Phoenix, Mesa, Glendale, Prescott and courts across Arizona.

Christian Lueders, Guardian Law Group criminal defense attorney, seated outside a Maricopa County court building in Phoenix

Why Choose Guardian Law Group for a Weapons Charge

A former felony prosecutor

Christian Lueders prosecuted felony cases for the Maricopa County Attorney’s Office. He knows how weapons cases are charged, which subsections prosecutors rely on and where possession and prohibited-status cases tend to be weak.

Respect for lawful gun owners

Many clients are responsible gun owners caught by a technicality, an old conviction or a fast-moving confrontation. Each case starts with the facts and the specific law charged.

Clear advice about your rights

You will understand how the case could affect your right to own firearms, your work and your record. Read our client reviews and awards and recognition.

Related pages

Arizona Weapons Charges: Frequently Asked Questions

What is misconduct involving weapons in Arizona?

Misconduct involving weapons, under A.R.S. § 13-3102, is the main Arizona weapons statute. It covers many acts, including possession by a prohibited possessor, concealed carry by someone under 21, carrying a weapon on school grounds, possessing prohibited weapons and failing to accurately answer an officer about a concealed weapon. Some forms are misdemeanors and many are felonies.

Who is a prohibited possessor in Arizona?

Under A.R.S. § 13-3101, prohibited possessors include people with felony convictions whose firearm rights have not been restored, people serving probation for a felony or domestic violence offense, people in custody, people found by a court to be a danger to self or others, and certain others listed in the statute.

Do I need a permit to carry a gun in Arizona?

Most adults 21 and older can carry openly or concealed in Arizona without a permit. A concealed weapons permit under A.R.S. § 13-3112 is optional. Age, prohibited-possessor status and certain locations still create limits.

Is firing a gun in city limits a felony in Arizona?

It can be. A.R.S. § 13-3107, known as Shannon’s Law, makes discharging a firearm with criminal negligence within or into a city or town a felony, subject to listed exceptions such as lawful self-defense and supervised ranges.

Can I be charged if the gun was not mine?

Possibly, but the State must prove you knowingly possessed it. A gun found in a shared vehicle or home is not automatically yours, and possession is often a key issue in prohibited possessor cases.

What happens if I show a gun during an argument?

Recklessly handling or displaying a deadly weapon can be charged as felony disorderly conduct under A.R.S. § 13-2904, and pointing a gun at someone can lead to aggravated assault charges. Whether self-defense applies depends on the facts.

Will a weapons charge affect my right to own guns?

It can. A felony conviction makes you a prohibited possessor in Arizona, and release conditions while a case is pending often restrict firearm possession too.

Is the case review free?

Yes, the case review is free and confidential. Call 602-888-8020, available 24/7, or send a short case review request.