Defending Felon in Possession of a Firearm Charges in Tucson, AZ  Generally, Arizona has relatively lax gun laws, with state laws that favor the Second Amendment. Arizona law even limits the federal government's right to regulate firearms manufactured in Arizona, makes it illegal to electronically track firearms, and does not require permitting for possession or carrying (more here on Arizona Weapons Offenses). That said, a major exception to this is possession of a firearm by a convicted felon, or other prohibited person (including those convicted of certain misdemeanors, and adjudicated juvenile delinquents). Additionally, the federal government has concurrent jurisdiction to prosecute many types of offenses, and felon in possession of a firearm is one of the most common federal criminal charges. (In 2012, 5,768 offenders were convicted of violating 18 U.S.C. § 922(g)).
ARIZONA FELON IN POSSESSION OF A FIREARM LAWS Possessing or owning a firearm as a felon in Arizona is a Class 4 felony, punishable by up to three years in prison. Because most people charged with being a felon in possession of a firearm have a prior felony conviction, the punishment can be even greater. The law does not only apply to felons, and a person can be a "prohibited possessor" for many reasons including: a person found to be a danger to self or others, a person convicted of a felony (in Arizona or elsewhere), a person convicted of a domestic violence offense (even a misdemeanor), someone on probation or parole, undocumented aliens, and persons found incompetent or guilty except insane. Possession can be actual or constructive, and legal possession can be broader than what we colloquially consider possession. Arizona offers many convicted felons an opportunity to restore their firearm rights, but unless this action is taken, a person convicted of a felony is prohibited from owning a firearm, and will face new felony charges if caught with a gun or other deadly weapon. ARIZONA RESTORATION OF FIREARM RIGHTS For most felonies, a person is eligible to restore their firearm rights two years after completing probation or parole. For certain serious offenses, the waiting period is ten years, instead of two. These offenses include: Murder, Manslaughter, Aggravated Assault, Sexual Assault, Arson, Robbery, Burglary, Kidnapping and Crimes Against Children. In order to restore firearm rights, you need to either file a petition or have the felony conviction set aside. FEDERAL FELON IN POSSESSION OF A FIREARM LAWS (Federal Crimes Information) Federal law prohibits any person who has been convicted of a felony from purchasing or possessing a firearm. Federal law further prohibits firearm possession by drug users or addicts, aliens, persons subject to a domestic violence restraining order, those with prior convictions for domestic assault, fugitives, and those dishonorably discharged from the military. In Arizona, the gun must have traveled across state lines at some point in order for federal law to apply. Federal penalties are almost always more severe than state penalties, even in Arizona, a state that is notoriously tough on crime. While the federal government typically prosecutes more major offenses when it comes to drug crimes, it is very common for the federal government to prosecute simple felon in possession of a firearm cases. Often, the Federal government elects to file in cases where the offender has a very high offense level, resulting in very harsh penalties. The average sentence for 922(g) offenders was 75 months. Facing federal criminal charges, especially involving a firearm, is very serious. If you or a loved one is facing federal charges for being a felon in possession of a firearm, contact the Tucson Defenders for a FREE CONSULTATION. 520-585-5757. TOP DEFENSES IN FELON IN POSSESSION CASES Unlawful Search, Lack of Knowledge, No Firearm Possessed by Defendant, Defendant is NOT Prohibited From Possessing a Firearm, Firearm Rights Have Been Restored, False Accusations, Not a Firearm or Deadly Weapon, the Firearm Did NOT Cross State Lines (Defense in Federal Cases Only), and more. Determining the best defenses in your particular case is best done during a FREE CONSULTATION. Contact the Tucson Defenders now to discuss your case and find out how we can help you fight these charges. RELATED CHARGES Charges related to being a felon in possession of a firearm include: Possession of a Firearm by an Adjudicated Delinquent, Possession of Ammunition by a Felon, Selling or Transferring a Weapon to a Prohibited Possessor, Using or Possessing a Firearm or Deadly Weapon During the Commission of a Felony, Trafficking Weapons to Gangs, and more. Additionally, a Felon in Possession charge is often one of several charges a person faces. For example, if someone with a prior felony conviction commits and armed robbery, the armed robbery charges will be accompanied by felon in possession charges. Similarly, if a firearm is located during a convicted felon's parole search, and that search also yields drugs or other contraband, there are likely to be multiple felony charges. LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757.
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November 2024
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