Phoenix Gun Crimes Lawyer
Guns can be used for a variety of purposes, including recreational activities, protection, or even criminal undertakings. Because firearms can be used in many different ways, Arizona has enacted certain gun laws to prevent individuals from using them recklessly. Preventative measures like these were designed to protect the general public from danger.
One of the preventative laws states that a person who discharges a firearm within city limits is guilty of unlawful discharge of a firearm; a class 6 felony. Of course, there are exceptions to this rule. An individual can discharge a firearm within city limits if:
- On a properly supervised range.
- Lawfully hunting wildlife during open season.
- Controlling nuisance wildlife by permit from the Arizona game and fish department.
- By special permit of the chief of police.
- They are an animal control officer performing official duties.
- The gun is filled with blanks.
- The person is more than 1 mile from an occupied structure.
- They are defending themselves from imminent physical danger.
In addition to unlawful discharge of a firearm, a person acting recklessly with a gun could also be charged with misconduct involving weapons. The punishments for misconduct involving weapons range from a class 3 misdemeanor to a class 2 felony. Misconduct involving weapons includes:
- Carrying a deadly weapon in a vehicle or on your person if you’re under the age of 21.
- Selling or transferring a deadly weapon to a prohibited possessor.
- Defacing a deadly weapon.
- Carrying a deadly weapon at a public event or establishment after a reasonable request is made by the operator of the event to remove the weapon.
- Possessing a deadly weapon on school grounds.
The range of misconduct crimes involving weapons range in severity. The full list can be found under A.R.S. 13-3102. As always, there are exceptions to some of these crimes. Some of these crimes don’t apply to:
- Police officers
- Military Personnel
- A warden or correctional officer
An adult who sells or gives a firearm to a minor without the consent of the minor’s parents is guilty of a class 6 felony unless it’s the temporary transfer of a firearm given by one of the following:
- Firearm safety instructors
- Hunter safety instructors
- Competition coaches or their assistants
Any offender who is convicted of a felony offense where a deadly weapon was used, displayed, or unlawfully possessed by that person will forfeit the weapon where it will be sold within one year to an authorized business.
Gun Rights in Arizona
The criminal lawyers at JacksonWhite do not have the resources to assist individuals with reinstating their gun rights in Arizona. We can, however, assist those facing charges related to illegally owning, operating, or otherwise interacting with firearms or other weapons throughout the state.
Are You Eligible to Get Your Gun Rights Back in Arizona?
If you’ve been convicted of a dangerous offense, which is typically a felony of intentional physical injury, you won’t be eligible to have your gun laws reinstated in Arizona. A.R.S. 13-704 clarifies what is considered a dangerous offense.
If you’ve been convicted of a serious offense, as outlined in A.R.S. 13-706, then you can have your gun rights reinstated ten years after you’ve completed your probationary period or have been released from prison.
All other felony charges that aren’t considered dangerous or serious offenses have a two-year waiting period after you’ve completed your probation.
The only non-felony conviction that permanently takes away your gun rights is a domestic violence misdemeanor.
How to Get Your Gun Rights Back in Arizona
Once you’ve met the waiting period for your offense, you can petition to have your gun rights reinstated. A written request must be filed with the court, which will then decide if you’re eligible to receive your gun rights back.
Some of the factors the court will look at include:
- Your criminal history
- Probation performance
- Length of time having clean record
- Past violence
- Severity of victim’s injuries
It’s also possible to have a felony conviction set aside, which would also reinstate your gun rights. For either of these processes, it’s recommended that you have an attorney to research your case, properly file the motions needed, respond to the court’s opposition, if any, and provide litigation services as needed.
Again, the criminal lawyers at JacksonWhite do not have the resources to assist individuals with reinstating their gun rights in Arizona. We can, however, assist those facing charges related to illegally owning, operating, or otherwise interacting with firearms or other weapons throughout the state.
Get the Defense You Need for Gun Crimes in Arizona
When it comes to weapons charges, there is a lot of room for interpretation when deciding whether someone has met one of the exceptions to the rule. In addition, if you have been charged with unlawful use of a weapon, your gun rights can be taken away and it can be difficult to reinstate them without the help of an experienced criminal defense attorney.
If you’re facing gun charges in Arizona, contact the experienced weapons attorneys at JacksonWhite. Call (480) 467-4370 today to schedule a free consultation with gun crimes lawyer Jeremy Geigle.