{"id":17510,"date":"2020-01-07T08:59:46","date_gmt":"2020-01-07T15:59:46","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=17510"},"modified":"2023-02-21T09:58:12","modified_gmt":"2023-02-21T16:58:12","slug":"ars-13-3102","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/ars-13-3102\/","title":{"rendered":"ARS 13-3102: Misconduct Involving Weapons in Arizona"},"content":{"rendered":"
When it comes to misconduct involving weapons in Arizona, ARS 13-3102<\/a> covers everything you need to know, including what circumstances qualify for the charges, possible exemptions, and whether the action warrants a misdemeanor or felony charge.\u00a0<\/span><\/p>\n Unfortunately, the statute can be pretty tough to understand with so many itemized examples, exemptions, and prescribed penalties.<\/p>\n To help you better understand the criminal charge of misconduct involving weapons in Arizona, we\u2019ve put together a quick guide that translates ARS 13-3102 into easy-to-understand terms. This guide covers the following topics:<\/p>\n Read below to learn more about the statute, and if you need help with your weapons-related case, get in touch with our criminal defense attorneys<\/a> today.<\/p>\n Under ARS 13-3102, an individual may be charged with misconduct involving weapons by knowingly taking any of the following actions:<\/p>\n Note that for the purpose of this criminal charge, \u201ccarrying a deadly weapon\u201d includes concealing a weapon<\/a> on your person, having a weapon within your immediate control, or storing a deadly weapon in a means of transportation (i.e. in your car). That means you can technically be charged with misconduct involving weapons even if the weapon in question isn\u2019t actually in your hand or on your person.<\/p>\n The definition of \u201cdeadly weapons\u201d is fairly broad, though for the purpose of ARS 13-3102 it does not include pocket knives. The law also excludes dry ice, unless the dry ice is intended to cause personal injury, death, or property damage to another person.\u00a0<\/span><\/p>\n Furthermore, Arizona\u2019s bans on deadly weapons are lifted for individuals who are specifically authorized to carry, store, or transport a deadly weapon. For a full list of exempt situations, see subsections B through J of ARS 13-3102.<\/p>\n Unlike many criminal laws with cut-and-dry penalties, the criminal charge of misconduct involving weapons carries a wide range of possible penalties from class 3 misdemeanors to class 2 felonies. Here\u2019s a breakdown of how the penalties are applied based on the criminal actions listed under What does misconduct involving weapons mean<\/i>:<\/p>\n Note that scenario 5 may be a misdemeanor or felony depending on the circumstances. Generally speaking, possessing a deadly weapon on school grounds is a class 1 misdemeanor unless it\u2019s connected to a criminal syndicate<\/a>, illegal control of an enterprise<\/a>, or a drug offense<\/a>, in which case it becomes a class 6 felony.<\/p>\n As with any criminal case, you can always present a defense that your constitutional rights were infringed during or immediately after being arrested. For example, if the arresting officer failed to read your Miranda rights, any information you provided during the interrogation — including a confession — may be deemed inadmissible in court.\u00a0<\/span><\/p>\n Similarly, if evidence was obtained illegally without a valid warrant, that evidence may be thrown out by the judge. Without sufficient evidence against you, the prosecutor may elect to then drop the charges against you entirely.<\/p>\n That said, when it comes to charges of misconduct involving weapons, the most effective defense may be to argue that you qualify for an exemption under ARS 13-3102 subsections B through J.\u00a0<\/span><\/p>\n For example, subsection B provides exceptions for minors when the deadly weapon is stored in a parent, grandparent, or guardian\u2019s home, business, or property. Minors are also allowed to carry a deadly weapon when a portion of the firearm or holster is visible (i.e. open carry).<\/p>\n Another example would be American citizens who are specifically licensed, authorized, or permitted to carry a deadly weapon pursuant to a state or federal statute. There are still some public locations, like schools, where deadly weapons are restricted to law enforcement officials, but generally speaking, a proper license such as a concealed-carry permit will keep you out of trouble as long as you properly respond to law enforcement when asked if you\u2019re carrying a weapon.<\/p>\n Given the complexities of this particular law, you\u2019ll definitely want to consult your case with an attorney if you believe you may qualify for an exception under ARS 13-3102 subsections B through J.<\/p>\n Anytime you\u2019re facing criminal charges, it\u2019s imperative that you consult your case with a criminal defense attorney<\/a> as soon as possible. If you\u2019re arrested, you have the right to an attorney and you should exercise that right immediately. Don\u2019t provide the police with anything other than your identifying information until your lawyer is present.<\/p>\n <\/p>\n\n
ARS 13-3102 Definitions: Misconduct Involving Weapons<\/h2>\n
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Notable exceptions<\/h3>\n
Penalties for Misconduct Involving Weapons<\/h2>\n
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Possible Defenses for ARS 13-3102 Cases<\/h2>\n
ARS 13-3102 Subsections B Through J<\/h3>\n
What to Do if You\u2019re Facing Charges<\/h2>\n