03 Dec Misconduct Involving Weapons: ARS 13-3102
Being able to own and carry a weapon is a fundamental right. Guns are part of the culture here in Arizona, and many people choose to carry them as a means of self-defense. Part of being a responsible citizen is knowing the laws surrounding your right to carry a weapon, whether it’s a firearm or another deadly weapon.
Misconduct laws involving weapons are important to note so that you can continue to carry a weapon in the appropriate manner and avoid getting charged with misconduct.
What qualifies as misconduct involving a weapon?
Some of the more common misconduct scenarios you may encounter are listed below. The full list and explanations can be viewed here.
- Carrying a concealed deadly weapon on public transportation. Or carrying it on your person while driving instead of storing it correctly.
- Failure to notify an officer of a concealed weapon when directly asked if carrying.
- Selling or manufacturing prohibited weapons. Or selling weapons to prohibited possessors.
- Knowingly selling a firearm to a person who has intent to use the weapon to commit a felony.
- Possessing dry ice with the intent to injure or kill another person or cause property damage.
- Firing a gun at an occupied structure with the intent to assist in gang activity. Or trafficking weapons to further gang or terrorist activity.
- Defacing or possessing a defaced deadly weapon.
- Carrying a deadly weapon as a minor (under the age of 21).
- Carrying a weapon with the intent to commit a felony.
- Possessing a deadly weapon when you’re a prohibited possessor.
- Entering a nuclear or hydroelectric generating station with a deadly weapon.
You should know that informing a police officer of a firearm in your vehicle is not required unless you’re specifically asked about it. Read more about the steps to follow if you get pulled over with a gun in Arizona.
Another thing to note is that Arizona allows Open Carry of a firearm (visible in a holster) provided you are 18 and legally allowed to own a weapon. Although open carry of a firearm is off limits in some places.
It is also important to note that a pocket knife is not considered a deadly weapon and does not apply to these circumstances.
Where are deadly weapons prohibited?
There are several places in Arizona where you are not allowed to carry a concealed weapon, concealed or otherwise.
- School grounds (unless the owner remains in their vehicle and the weapon is in an appropriate location, like the glovebox)
- A public event or establishment where the operator/sponsor has specifically requested that no weapons are allowed
- A polling location
- Any places of business with “No Weapons” signs posted
For more information about who can lawfully carry a weapon in Arizona and where you are allowed to carry, view our past article on Arizona’s gun control laws.
What should you do if you’ve been charged with weapon misconduct in Arizona?
You should seek professional counsel immediately if you’ve been charged with misconduct involving a weapon. Todd Coolidge is a criminal law specialist serving Chandler, Tempe, Scottsdale, and Phoenix, Arizona. He has extensive experience and handles his cases with skill and dignity. Don’t wait when it comes to getting legal representation. Contact Todd Coolidge for a free consultation today.
Image used under Creative Commons license – Commercial Use (11/30/2020) DimaGavrish – (DepositPhotos.com)