While Arizona residents do not need a permit in order to buy a shotgun, rifle, or handgun, there are people who are prohibited from owning firearms. Similarly, you would not need a permit to carry a weapon on your person, whether in open or as a concealed firearm, but there are places where the weapon would not be allowed. By law, someone who is carrying a concealed weapon has to honestly if a police officer asks them if they are armed, otherwise, hiding this fact or lying about is also a violation of gun laws in Arizona.
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What is illegal possession of a firearm in Arizona?
People Who Cannot Possess Firearms – Arizona Gun Laws for Felons
Someone who cannot possess a firearm is called a “prohibited possessor.” This includes someone who is considered dangerous to himself and others, is severely disabled, a convicted felon adult or a minor who is an adjudicated delinquent who has not recovered their right to possess or carry a firearm. This prohibition also applies to:
- Someone who has been convicted of domestic violence or a felony and is on probation
- Or anyone who is on parole, work furlough, or any other type of release, or under community supervision or house arrest, etc.
Also, undocumented or nonimmigrant aliens can only possess firearms under very specific circumstances. Minors who are not emancipated cannot use firearms without the consent of their parents, grandparents, or guardian.
Places a Gun Cannot Be Taken
This is only a general list, as private laws, state laws, or even federal laws may render certain places off limits to a weapon. This could include a local business that has laws against weapons on their premises. It does not matter if they have signs advertising this law or not, a trespassing charge could come someone’s way if they violate that regulation. Here are some other places where firearms cannot be carried:
- Establishments such as a bar or restaurant that serve alcohol (at least not without a concealed gun permit, and only if you will not be drinking)
- School premises
- Military bases
- Polling places
- Correctional facilities
- And more
What Is the Controlling Law for Illegal Gun Possession in Arizona?
Arizona’s illegal firearm possession offenses are prosecuted under ARS § 13-3102, titled “Misconduct Involving Weapons.” This statute is the legal basis for nearly every charge discussed on this page, including possession by a prohibited possessor, carrying a deadly weapon into a prohibited location, defacing a firearm’s serial number, and providing a firearm to someone who is not legally allowed to have one. The classification and sentencing range depend on which specific subsection of the statute applies to the conduct.
Federal Firearm Possession Laws That Can Apply in Arizona
A firearm possession charge in Arizona doesn’t always stay in state court. Under 18 U.S.C. § 922(g), it is a federal crime for a convicted felon, a person subject to certain domestic violence protective orders, or another prohibited category to possess a firearm or ammunition – and federal prosecutors can pursue these charges even when a case originates from a state arrest. A federal felon-in-possession conviction can carry up to 15 years in federal prison, and federal and state charges based on the same conduct are not mutually exclusive, meaning a defendant can face both at once.
Can You Get Your Gun Rights Restored in Arizona?
A felony conviction doesn’t have to mean a lifetime firearm ban. Under Arizona law, individuals may petition the court to restore their right to possess a firearm after completing their sentence, probation, and any required waiting period – the process and eligibility depend on the offense and county. Restoration is not automatic; it requires a formal petition and court approval. See our page on Civil Rights Restoration for eligibility details and the petition process.
Then there are some weapons that are in and of themselves illegal. This would include:
- Any firearms that have silencers on them
- Firearms that, without a manual reload, can automatically fire more than a single shot with just one trigger function
Other illegal guns would include:
- A rifle that has a barrel length shorter than 16 inches
- A shotgun with a barrel shorter than 18 inches
- Any firearm whatsoever that is a modified rifle or shotgun that has a total length under 26 inches
Penalty Comparison Table
| Offense | Statute | Classification | Penalty Range |
| Minor (under 21) with concealed firearm | ARS § 13-3102 | Class 3 Misdemeanor | Up to 30 days jail, $500 fine |
| Lying to police about carrying a concealed weapon | ARS § 13-3102 | Class 1 Misdemeanor | Up to 6 months jail, $2,500 fine |
| Firearm on school grounds | ARS § 13-3102 | Class 1 Misdemeanor or Class 6 Felony | 6 months jail (misd.) / 1-1.5 years prison (felony) |
| Prohibited possessor with a firearm or illegal weapon | ARS § 13-3102 | Class 4 Felony | 2.5-3 years prison |
| Possessing/discharging a firearm while committing a felony | ARS § 13-3102 | Class 4 Felony | 2.5-3 years prison |
| Selling/giving a firearm to a prohibited possessor | ARS § 13-3102 | Class 6 Felony | Up to 1.5 years prison |
| Selling/giving a firearm to a criminal gang member | ARS § 13-3102 | Class 3 Felony | 3.5-7 years prison |
| Felon in possession of a firearm (federal) | 18 U.S.C. § 922(g) | Federal Felony | Up to 15 years federal prison |
Potential Penalties for Violating Firearm Possession Laws
While there is such a wide body of laws, not all the potential sentences can be covered, as charges could be anything from a misdemeanor to a felony. For example:
- If a minor under the age of 21 has a concealed firearm near or on their person, this could be a class 3 misdemeanor, which could mean 30 days in jail and $500 in fines
- Lying to an officer about carrying a concealed deadly weapon is a class 1 misdemeanor.
- If someone is convicted of possessing a firearm on school grounds, this could also be a class 1 misdemeanor, or a class 6 felony. This could mean facing six months in jail (for a misdemeanor) or 1 to 1.5 years in prison (for a felony). Another class 6 felony would be selling or giving a firearm to a prohibited possessor.
- If a prohibited possessor has a firearm or an illegal weapon, then this would be a class 4 felony, punishable by 2.5 to 3 years in prison. The same penalties could be faced if someone is charged with firing or possessing a firearm while committing a felony.
- If someone is charged with selling or giving a firearm to someone in a criminal gang or syndicate, then this would be a class 3 felony charge. This could mean 3.5 to 7 years in prison.
Statute of Limitations for Weapons Misconduct Charges
Arizona generally requires felony weapons misconduct charges to be filed within seven years of the offense, while misdemeanor weapons charges must be filed within one year. Once the deadline passes, prosecutors are generally barred from filing charges, though exceptions can apply.
FAQs
What Is the Penalty for Illegal Possession of a Gun in Arizona?
Penalties range from a class 3 misdemeanor, punishable by up to 30 days in jail and a $500 fine, to a class 4 felony, punishable by 2.5 to 3 years in prison. The specific penalty depends on the offender’s legal status, the type of weapon, and where the firearm was carried, all prosecuted under ARS § 13-3102.
Who Is Considered a Prohibited Possessor Under Arizona Law?
A prohibited possessor is someone legally barred from owning or carrying a firearm, including convicted felons who haven’t had their rights restored, individuals found to be dangerous to themselves or others, certain undocumented immigrants, and people on probation or parole for a felony or domestic violence offense.
Can You Go to Federal Prison for Illegal Gun Possession in Arizona?
Yes. Under 18 U.S.C. § 922(g), a convicted felon or other prohibited person who possesses a firearm can face federal charges carrying up to 15 years in prison, separate from and in addition to any Arizona state charges arising from the same conduct.
How Can You Restore Your Right to Possess a Firearm in Arizona?
Firearm rights can be restored by petitioning the court after completing a sentence, probation, and any applicable waiting period. Restoration is not automatic and requires formal court approval, which is why working with an attorney familiar with Arizona’s civil rights restoration process improves the odds of success.
What Is the Statute of Limitations for a Weapons Misconduct Charge in Arizona?
Arizona prosecutors generally must file felony weapons misconduct charges within seven years of the alleged offense, and misdemeanor weapons charges within one year, though certain circumstances can extend these deadlines.
Is Illegal Possession of a Gun Always a Felony in Arizona?
No. Illegal gun possession can be charged as a misdemeanor or a felony depending on the circumstances. For example, a minor carrying a concealed firearm is typically a class 3 misdemeanor, while a prohibited possessor caught with a firearm faces a class 4 felony.
Possible Defenses to an Illegal Firearm Possession Charge
Every weapons misconduct case turns on its specific facts, but common defenses include:
- Lack of knowledge – the defendant did not know a firearm was present or did not know their legal status prohibited possession
- Unlawful search and seizure – the firearm was discovered through a search that violated the defendant’s constitutional rights
- Constructive possession issues – the firearm was in a shared space and not provably under the defendant’s control
- Restored rights – the defendant’s firearm rights had already been legally restored at the time of the alleged offense
- Mistaken identity or ownership – the firearm belonged to or was carried by someone else
Hire a Phoenix Lawyer Who Can Fight Your Weapon Charge
On top of any incarceration or fines you could face for a weapons charge, you would also be facing a life with a criminal record and all the reduced opportunities that would mean. With the help of a skilled legal advocate, however, you could fight to save your freedom as well as your reputation.
Find out how a former prosecutor has the experience to defend you when you contact the Davidson Criminal Defense & DUI Law Firm today!
