The crime of “Misconduct Involving Weapons” as defined in ARS 13-3102 is a serious offense in the state of Arizona. Typically, this is charged as a felony. In this state, there are various types of misconduct involving a weapon charges. Here, we want to discuss the charge under this law brought by prosecutors – possession of a deadly weapon by a “prohibited possessor.”
Misconduct Involving Weapons – A Broad Crime
When we look directly at the Arizona statute regarding misconduct involving weapons, we can see that individuals can commit this crime in a number of ways. In fact, there are several sections and subsections of this particular statute that outline the ways that a person could face this charge. This includes, but is not limited to:
- Carrying a deadly weapon to commit a serious offense
- Lying to a police officer about having a deadly weapon
- Carrying a deadly weapon by a person under the age of 21
- Manufacturing, transporting, or possessing a prohibited weapon
- Possessing a deadly weapon when expressly prohibited from doing so
- Giving a deadly weapon to a person expressly prohibited from carrying one
- Defacing a deadly weapon
- Possessing a defaced weapon
- Using a deadly weapon during a drug offense
- Firing a weapon and occupied structure to further gang activity
- Refusing to remove a weapon from a public establishment when asked to do so
- Possessing a deadly weapon at a polling place
- Possessing a deadly weapon at a school
- Possessing a deadly weapon at a hydroelectric or nuclear plant
- Giving a deadly weapon to another person so they can commit a crime
- Possessing a deadly weapon to commit terrorism
- Trafficking a deadly weapon to assist gang activity
Individuals could face a range of offenses under this law, including misdemeanors or felonies. Most often, as we mentioned above, a person faces this particular charge if they are in possession of a deadly weapon but are considered a “prohibited possessor.” This is considered a Class 4 felony offense and can lead to prison time upon conviction. Speak to a criminal defense attorney if you would like to learn how to protect yourself.
Defining “Deadly Weapon”
Under Arizona statute, a deadly weapon is defined as “anything designed for lethal use, including a firearm.” It is important to understand that a “deadly weapon” is defined differently than a “dangerous instrument,” which is another term used in criminal statutes. Dangerous instruments are anything used under the circumstances that are capable of causing death or serious physical harm. This would cover a broader range of objects, including bricks or even cans of food.
Under the misconduct involving weapons law in Arizona, only “weapons” are covered. This includes any type of firearm.
What is a “Prohibited Possessor?”
It is important to understand that some individuals are prohibited from possessing firearms in the state of Arizona. In order for a person to be considered in possession, the law says that they have to “knowingly” have physical possession, dominion, or control over the weapon. This is not the same thing as ownership. Individuals can be charged with being in possession of a weapon that they do not actually own. In Arizona, and throughout the United States, those who have been convicted of a felony are not allowed to possess firearms.
Additionally, there are certain weapons that are prohibited in Arizona. This includes silencers, fully automatic weapons, bombs, Molotov cocktails, dry ice, improvised explosive devices, nunchucks, and short-barreled shotguns.