Felony gun possession or more commonly referred to as misconduct involving weapons (MIW) in Arizona is defined by A.R.S. § 13-3102. Felony gun possession is a serious crime with varying consequences. While the most common way to commit misconduct involving weapons involves felony gun possession by a prohibited possessor, there are several other ways in which to commit the offense which involve prohibitions on the possession or transfer of a deadly weapon.
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.
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:
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 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.
If you have been arrested on a weapons charge, you need an experienced criminal defense attorney handling your case. Remember that you are innocent until proven guilty. At Feldman & Royle, our 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.