Arizona Attorney Defends Those Charged with Prohibited Possessor Crimes

Lawyer in Tucson for Those Accused of Illegal Possession of a Firearm

Compared to many other states, the laws pertaining to gun ownership and possession in Arizona are considerably more lenient. Here in Arizona, a person is generally allowed to own, possess, and even carry a gun without obtaining any licenses or permits or registering as a gun owner. There are some exceptions, however. Certain individuals are prohibited from owning, possessing, and carrying firearms, falling under the state's description of a prohibited person or possessor. 

At The Behan Law Group, we realize that permissive gun laws can be controversial, but we also believe in protecting the rights guaranteed by the Second Amendment. If you or someone you love has been charged with misconduct involving weapons for possession of a firearm by a prohibited possessor, we can help. Our experienced team will provide the trusted guidance and aggressive representation you need, no matter how serious the charges against you may be.

Understanding Arizona's Prohibited Possessor Laws

Because Arizona does not have registration or licensing procedures in place, it is up to you to know the law if you wish to own or possess a gun. Section § 13-3102 of the Arizona Criminal Code states that it is against the law for a "prohibited possessor" to possess a deadly weapon, including any firearm. According to §13-3101, a prohibited possessor is a person who:

• Has been adjudicated by court order to be a danger to himself, herself, or others;
• Has been adjudicated by court order to be incompetent or to have a persistent, acute, or grave disability;
• Has been convicted of a felony in Arizona or any other state;
• Is currently serving a period of incarceration at a detention or correctional facility;
• Is currently on parole, house arrest, work furlough, community supervision, or probation for a felony or domestic violence-related conviction;
• Is an undocumented or non-immigrant alien. Non-immigrant foreign nationals who obtain a valid hunting license are excepted;
• Is a minor under the age of 18 without supervision by a parent, guardian, or grandparent. Minors from ages 14 to 17 are permitted to possess firearms for the purposes of legal hunting, shooting events, or marksmanship practice.

Anyone who is a prohibited possessor due to a court order or criminal conviction may not possess a firearm until his or her right to possess a gun has been expressly restored.

The Penalties for Prohibited Possessor Violations

Possessing a firearm as a prohibited possessor is considered a form of misconduct involving weapons under Arizona law. In most cases, the charge is a Class 4 felony, punishable by up to three years and nine months in jail for a first conviction. If the prohibited possessor is a minor, the case is likely to be heard in juvenile court and the charge is usually a Class 6 felony. Depending on the circumstances, a Class 6 felony can carry up to two years of incarceration.

Experience You Can Trust

At The Behan Law Group, we understand the seriousness of charges related to possessing a firearm as a prohibited possessor. Attorney Michelle Behan is a Navy veteran and a former Special Agent for the FBI. Her background includes extensive weapons training and education, which affords her valuable insight in defending against weapons misconduct charges.

If you are accused of misconduct as a prohibited possessor, our team will work hard to protect your rights. We will investigate your case thoroughly and develop a strategy customized for your unique circumstances. No matter how serious the charges against you are, we are equipped to help avoid a conviction and to minimize the effects on your future.

Call 520-485-7143 Today

For more information about prohibited possessor laws in Arizona, contact our office. Call 520-485-7143 to schedule a confidential consultation with a member of the team at The Behan Law Group today. Our firm serves clients in and around Tucson and Pima County.