In Arizona, possessing a firearm as a prohibited person is a Class 4 felony, carrying a potential sentence of 1 to 3.75 years in prison, with a presumptive sentence of 2.5 years.
Misconduct Involving Weapons (MIW) in Arizona is a broad criminal offense defined under Arizona Revised Statutes § 13-3102. It includes a range of prohibited conduct involving firearms or other deadly weapons, from unlawful possession to more aggravated acts like supplying a weapon to a prohibited possessor or using a weapon in the commission of another crime.
Many people equate MIW with felony gun possession, but the statute is broader. Felony gun possession typically refers to possessing a firearm when the individual is legally prohibited from doing so, such as after a prior felony conviction or other disqualifying status. However, MIW also includes situations involving prohibited weapons, unlawful transfers, and weapons use in furtherance of other crimes.
Depending on the circumstances, most felony gun possession charges are obviously felonies under Arizona law — though some are misdemeanors. The precise level of felony that a felony gun possession offense is charged as depends on the facts of the case, the type of weapon and the status of the individual accused. A.R.S. § 13-3102 contains a lengthy list of activities under the heading of misconduct involving weapons.
While many violations of this statute constitute a felony in Arizona, others are only misdemeanor violations. Pursuant to A.R.S. § 13-3102, the following offenses are misdemeanor gun and weapon possession offenses under Arizona law.
Simple possession of a deadly weapon on school grounds;
Failing to accurately answer a law enforcement officer when asked if a person is in possession of a concealed deadly weapon;
Entering a public establishment with a concealed deadly weapon after a request by the operator of the establishment not to possess weapons on the premise.
The extent of a felony gun possession sentence that a person may face depends on the charges and the facts. It is also important to note that the most common form of felony gun possession occurs when a person is in possession as a prohibited possessor. In these cases, probation is often no longer available, and the person may be facing a much longer felony gun possession sentence.
In addition to it being illegal to possess a firearm under certain circumstances by certain people under A.R.S. § 13-3102, certain items are banned entirely under Arizona law. These items are known as prohibited weapons and manufacturing, possessing, transporting, selling or transferring them constitutes a Class 4 Felony under Arizona law. Pursuant to A.R.S. § 13-3101(A)(8) prohibited weapon include any of the following:
Pursuant to ARS § 13-3101(A)(7) prohibited possessor means any person:
A deadly weapon as defined by A.R.S. § 13-3101(A)(1) means any weapon designed for lethal use, with the exception of a pocketknife.
Deface pursuant to A.R.S. § 13-3101(A)(2) means to remove, alter or destroy the manufacturer’s serial number
If you are facing a charge of felony gun possession, or if you have been arrested for any offense where a weapon was allegedly involved, the consequences could be serious. Many weapons crimes are felonies, and some carry mandatory prison terms. Prosecutors are aggressive when it comes to weapons crimes. That’s why it’s crucial to have an experienced Arizona firearm lawyer by your side to protect your rights and build a strong defense from the very beginning.
If you have been arrested on a weapons charge, you need an experienced Phoenix possession of firearms lawyer handling your case. Remember that you are innocent until proven guilty. At Feldman Royle Ahl, our expert Phoenix criminal defense attorneys have experience representing clients charged with major felonies, and we have a track record of success involving even the most serious crimes. We offer a free and confidential consultation.
When facing Misconduct Involving a Weapon (MIW) charges in Arizona, the attorney you choose can directly influence how the case is charged, negotiated, and ultimately resolved. These cases often hinge on intent, status, and how law enforcement interprets the facts. At Feldman Royle Ahl, our Phoenix weapons defense attorneys bring a rare combination of prosecutorial insight, strategic precision, and individualized representation to every MIW case we handle.
Our Phoenix firearm lawyers understand how Arizona prosecutors build MIW cases, from prohibited possessor allegations to felony weapon enhancements. Having handled these cases from the government’s perspective, we know where assumptions are made and where cases are most vulnerable, allowing us to anticipate and counter the state’s strategy early.
MIW cases are often won or lost before trial. From the outset, our Phoenix firearm defense attorneys work to influence charging decisions, challenge probable cause, and pursue dismissals or reductions whenever possible, while always preparing a strong, trial-ready defense.
Weapons charges frequently depend on searches, seizures, statements, and officer discretion. Our Phoenix misconduct involving a weapon lawyer carefully examine body camera footage, police reports, and constitutional issues to identify weaknesses that can undermine the prosecution’s case.
Every MIW case is different, and every client’s future is personal. Our Phoenix misconduct involving a weapon defense attorney provides discreet, one-on-one attention and a defense strategy tailored to your specific circumstances, ensuring your rights, freedom, and reputation are fully protected.
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