Introduction
The second amendment to the U.S. Constitution ensures the right for all citizens to keep and bear arms. However, federal and state laws such as A.R.S 13-3101 have been enacted to prevent U.S. citizens from possessing firearms and other types of weapons if they are legally considered to be a prohibited possessor.
If you are a prohibited possessor and have been charged for being in possession of a weapon, it’s crucial for you to hire an experienced criminal defense attorney. An experienced criminal defense attorney will work with you to craft a solid defense and help you to obtain the best outcome for your case.
Who is Considered a Prohibited Possessor?
According to A.R.S. 13-3101, a “Prohibited possessor” is any person:
- Who has been found to constitute a danger to themself or others or has a persistent or acute disability or grave disability and whose right to possess a firearm has not been restored pursuant to section 13-925.
- Who has been a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored.
- Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
- Who at the time of possession is serving a term of probation pursuant to a conviction for a domestic violence offense, a felony offense, parole, community supervision, work furlough, or home arrest.
- Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation.
What Items Are Restricted for a Prohibited Possessor?
According to A.R.S. 13-3101, the following items are considered to be prohibited weapons:
- An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine that is explosive, incendiary, or poison gas.
- A device designed, made, or adapted to muffle the report of a firearm (suppressors)
- A firearm that is capable of shooting more than one shot per trigger pull (fully automatic weapons)
- A rifle with a barrel length of less than sixteen inches or a shotgun with a barrel length less than 18 inches
- Any firearm made from a rifle or shotgun that as modified has an overall length of less than twenty-six inches
- A breakable container that contains a flammable liquid with a flash-point of one 150 degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.
- A chemical or combination of chemicals, compounds, or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting, or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.
- An improvised explosive device (IED)
While fully automatic guns, suppressors, short-barreled rifles, and shotguns are legal to own if you have the right documentation, it is illegal for a prohibited possessor to be in possession of these items.
Which Items are Not Considered Prohibited Weapons?
According to A.R.S. 3101, the following items are not considered to be prohibited weapons:
- Any fireworks that are imported, distributed, or used in compliance with state laws or local ordinances.
- Any propellant, propellant actuated devices, or propellant actuated industrial tools that are manufactured, imported, or distributed for their intended purposes.
- A device that is commercially manufactured primarily for the purpose of illumination.
Penalties for A.R.S. 13-3101
The penalties for possessing a weapon as a prohibited possessor vary according to the conduct involving the weapon as well as if or how they are being used. Here are several examples:
- Simple Possession: This is a probation/parole violation and results in the reinstatement of the original sentencing
- Misconduct: Misconduct involving a weapon as a Prohibited Possessor is a Class 4 Felony
- Sales: If a Prohibited Possessor is involved with the transfer or sale of a deadly weapon it is a Class 6 Felony.
- Use in a Crime: If a Prohibited Possessor uses a weapon while committing a crime, it is considered to be an aggravating factor and this is a class 4 Felony.
What to Do if You Have Been Charged with A.R.S 13-3101
Crimes committed with a weapon have serious penalties and the penalties increase if you are a prohibited possessor. In fact, if you are a prohibited possessor and commit a crime with a gun, you lose the options of parole, probation and you may be ineligible to have your rights restored.
If you have been charged with possessing a weapon as a prohibited possessor, you are facing hefty penalties and fines if convicted. In order to fight this charge, it is essential for you to hire an experienced criminal defense attorney.
The criminal defense team at Jackson White Law has years of experience representing clients and achieving impressive case results. If you have been charged with possession of a weapon as a prohibited possessor, contact Jackson White Law immediately.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
