Firearms Offenses in Arizona

Firearm offenses in Arizona are regulated by various statutes, and the severity of the charges depends on the nature of the offense. The most significant statute related to firearm offenses in Arizona is A.R.S. § 13-3102, which outlines various prohibited acts involving firearms. Some key provisions and potential penalties include:

  1. Prohibited Possession of Firearms (A.R.S. § 13-3102(A)): This section outlines who is prohibited from possessing firearms, including convicted felons, individuals on probation or parole, and those found guilty but insane. The penalties for violating this provision can range from a Class 4 felony to a Class 1 misdemeanor, depending on the specific circumstances and the individual’s criminal history.
  2. Misconduct Involving Weapons (A.R.S. § 13-3102(B)): This section addresses various misconduct involving weapons, such as carrying a concealed weapon without a permit or possessing a weapon on school grounds. The penalties for these offenses vary, with some being classified as felonies and others as misdemeanors.
  3. Enhancements for Possession of a Firearm During a Felony (A.R.S. § 13-3102(C)): If an individual possesses or uses a deadly weapon, including a firearm, during the commission of certain felonies, there can be enhanced penalties. This can result in an additional term of imprisonment, which is separate from the sentence for the underlying felony.
  4. Enhancements for Possession of a Firearm for a Felon (A.R.S. § 13-3102(D)): If a person who has been convicted of a felony possesses a firearm within ten years of their release from incarceration, probation, or parole, they may face enhanced penalties. This can lead to a higher felony classification and an extended term of imprisonment.
  5. Discharge of a Firearm at a Structure (A.R.S. § 13-3107): This statute addresses the discharge of a firearm at occupied and unoccupied structures. Depending on the circumstances, this offense can range from a Class 6 felony to a Class 2 felony, with penalties that may include imprisonment

Firearm offenses are generally charged alongside other crimes (think theft, possession of drugs, and even traffic offenses like driving with a suspended license).

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