Phoenix is generally a very firearm friendly, 2nd amendment oriented state. However, if you have previously been convicted of a felony, or any kind of domestic violence offense, the exact opposite is true where your ability to legally own or operate a firearm is concerned.
Prohibited possessor laws in Phoenix are equally strict whether the firearm is yours or not. This means that even if someone was to leave his or her firearm in your vehicle or home, and then you are stopped and searched for any reason, that firearm may still be considered yours depending on whether the police believe you knew it was there and could control it.
Because of this, you can be found guilty of being a prohibited possessor. Therefore, we strongly recommend avoiding any situation where you either knowingly or unknowingly posses a firearm. If you are found in prohibited possession and facing weapons charges of any kind, it is extremely important to retain a competent, aggressive defense attorney who will fight diligently for your legal rights.
Who is a Prohibited Possessor?
According to A.R.S. § 13-3101 (A)(7), a Prohibited Possessor, or a person who cannot in any way be in possession of a weapon, is anyone who:
- Has been found to be a danger to themselves and/or others
- Has acute or grave disabilities pursuant to section ARS 36-540
- Has been convicted of a Felony in Arizona or any other state
- Has an adjudicated delinquency for a felony and has not had their gun rights restored
- Is currently imprisoned in any detention center or correctional facility
- Is currently on probation for a felony offense, community supervision, work furlough, home arrest, or has been released on any other basis and who is serving probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1
- Is currently serving probation for any domestic violence offense as defined in ARS section 13-3601
What are the Penalties for Being a Prohibited Possessor in Phoenix?
If you are a prohibited possessor and a gun is found on your person, you can be charged with a class 4 felony for misconduct involving a weapon. If you are found guilty of this offense, you can be sentenced to anywhere from one to 3¾ years, with a presumptive sentence of 2½ years in prison. Also, if you lost your right to own a firearm due to a prior felony conviction, a judge can choose to give you a longer prison sentence.
Furthermore, even if you are legally allowed to own and operate a firearm, should you knowingly or unknowingly provide a weapon to a prohibited possessor via transfer or sale, you can be found guilty of this same felony charge and sentenced accordingly.
Trust Phoenix Criminal Attorney With Your Prohibited Possessor of a Firearm Defense
The seriousness of Arizona’s prohibited possessor law means you need to have an attorney who knows your rights, and who can help you make the best decisions possible during this most trying time. Phoenix Criminal Attorney provides our clients with focused legal assistance for even the most challenging prohibited possessor charges.
We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. If you have been charged with being a prohibited possessor, or with the prohibited use of a firearm in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.