Wrongful Possession Of Arms In Phoenix
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FAQ
Firearm Prohibitions in Arizona Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
Under ARS 13-3102, a “prohibited possessor” is anyone who is or has been: 1. Found to constitute a danger to self or to others or to be persistently or acutely disabled or gravely disabled pursuant to a court order under ARS 36-540, and whose right to possess a firearm has not be restored pursuant to ARS 13-925. 2.
Convicted of a felony, or adjudicated delinquent for a felony, and whose State civil right to possess or carry a gun or firearm has not been restored by separate order of the court. 3. Serving a term of imprisonment in any correctional or detention facility.
For a person convicted of two or more felonies, an applicant's statement in support of the request to restore right to possess or carry firearm should be considered and a court may grant the restoration of the right to possess a firearm.
Since Arizona has permitless carry, any person who is at least 18 years old who can legally possess a firearm may open carry, and any person at least 21 years old may concealed carry a firearm without a permit. Arizona will honor concealed carry permits from all other states' and political subdivisions.
When a person prohibited from having a firearm or illegal weapon has one, it's a class 4 felony. The presumptive sentence for a class 4 felony is 2.5 years. The minimum sentence is 1.5 years, while the maximum sentence is 3 years. However, if there are aggravating circumstances, the sentence can be up to 3.75 years.
The crime of “Misconduct Involving Weapons,” defined in A.R.S. § 13-3102, is a serious crime in Arizona and is usually charged as a felony offense for the illegal possession of a deadly weapon.
A U.S. citizen or legal resident at least 18 years old may carry a handgun anywhere within his or her place of residence, place of business or on private property owned or lawfully possessed by the citizen or legal resident. A permit or license is not required for a person to carry within these locations.
