Misconduct Involving Weapons
ARS 13-3102 – Misconduct Involving Weapons
Crimes involving misconduct with weapons can carry serious charges and punishments, especially for those with prior criminal or felony convictions. Whether this is your first offense or you have no prior criminal convictions, the Phoenix gun crimes attorneys at the Litwak Law Group can aggressively and professionally handle your case.
A common example of misconduct involving weapons charges can occur when someone is a “prohibited possessor”—a convicted felon who is prohibited from possessing a weapon—found to be in possession of a weapon.
People can also be charged with misconduct involving weapons for other reasons. If someone fails to accurately respond to law enforcement about whether they are carrying a concealed weapon, they could be charged. Carrying a concealed deadly weapon under the age of twenty-one (21) also constitutes misconduct involving weapons.
Additional grounds for a Misconduct charge include defacing a weapon (filing the serial number down or sawing off a barrel) or possessing a weapon in a prohibited place like a school or private institution with signs prohibiting possession therein. You can also be charged with misconduct involving weapons if you supply, sell, or provide a gun to a person if you know, or have reason to know, that person will use that gun during the commission of a felony.
What Qualifies as Misconduct Involving Weapons?
Law enforcement can charge a variety of weapons-related actions and activities as “misconduct involving weapons.” ARS 13-3102 states that the following crimes can result in a misconduct involving weapons charge:
- Possessing a deadly or prohibited weapon if the defendant is a prohibited possessor, or knowingly selling/transferring a deadly weapon to a prohibited possessor.
- Manufacturing, possessing, selling, transferring or transporting a prohibited weapon. Possessing dry ice with the intent to cause injury or death also qualifies as a “weapon” for the purposes of this statute.
- Carrying a deadly weapon within the immediate control or concealed on his/her person on a means of transportation (or concealed within immediate control if the person is under the age of 21). Does not include pocket knives.
- Defacing a deadly weapon or knowingly possessing a defaced deadly weapon.
- Committing any felony offense according to R.S. Title 13 Chapter 34 (drug offenses) while possessing or using a deadly weapon.
- Discharging a firearm in an occupied structure with the purpose of assisting or furthering the interests of a street gang, criminal, or racketeer. Trafficking in weapons for financial gain in the same circumstances is also illegal.
- Entering a public place or public event while carrying a deadly weapon after the property owner or event sponsor has asked the defendant to remove the weapon.
- Entering an election poll on the day of an election, school grounds, or a nuclear or hydroelectric generating station carrying or possessing a deadly weapon.
- Giving a firearm to someone knowing that the person would use it to commit a felony.
- Using or possessing a deadly weapon with the intent to commit assault or further any act of terrorism or knowing that someone else will use the weapon for terrorism.
If you are investigated for one of these crimes DO NOT speak with law enforcement. Even if the officer tries to convince you that it would be better for you, you have a 5th amendment right not to speak with the officer.
Let the Attorneys at Litwak Law Group aggressively litigate your case and protect your constitutional rights.
ARS 13-3102: Sentencing Ranges
Sentencing, that is the potential consequences of a conviction, can include both felony and misdemeanor outcomes. What does this mean? Depending on the specifics of your case you could face a wide range of consequences including serious prison time and fines.
Misconduct involving weapons in relation to an act of terrorism: Class 2 Felony. First time offenders can see probation or up to 12 years of incarceration. One or more prior convictions can result in decades behind bars.
Transferring a weapon to a person who will commit a felony: If you sell or give a gun to another person who you reasonably know will commit a felony then you can be charged with this offense. It is considered a Class 3 Felony. This carries with it up to 8.75 years of incarceration for a first-time offense. If the accused has one historical prior conviction, then they face 3.5-16.25 years in prison. Two historical prior convictions means 7.5-25 years in prison.
Prohibited Possessor Charge: If you are a prohibited possessor charged with misconduct involving weapons, it is a Class 4 Felony. If you have two allegeable priors, you face a range of 6-15 years in prison. If you have only one allegeable prior conviction you face 2.25-7.5 years in prison. Being on probation at the time means the judge cannot sentence you to less than the presumptive sentence, if convicted after trial.
Entering a public event or place with a weapon: If someone enters a public event, place, polling place on election day, and the person in authority made a reasonable request for the weapon to be removed then one can be charged with a Class 1 misdemeanor. The range of punishment for a class one misdemeanor is probation or anywhere up to six months in jail, and a fine of up to $2,500.00 plus an 80% surcharge.
Criminal Defense Lawyer Serving Phoenix And Throughout Arizona
At the Litwak Law Group we strive to tell your side of the story fairly. Everyone is entitled to have their story told and their constitutional rights protected. We fight for everyone regardless of race, gender, or class. If you have been accused of a crime, like a misconduct involving weapons offense, contact us today. We are based in Phoenix and we represent clients throughout the state regardless of your location.