Tucson Weapons Offenses Lawyer

Tucson Criminal Defense Attorney Explains Weapons Offenses

Arizona's weapon laws are a bit of an exception to the state's reputation for having strict criminal laws with harsh penalties.  Like with drug crimes, many weapon offenses are handled in Federal Court, meaning that Federal, rather than Arizona law applies.  Also, while many cities and counties throughout the country enact stricter gun restrictions that are applied statewide, Arizona law preempts local municipalities (like Tucson) from doing so in most circumstances.  Native American reservations may enact stricter gun laws than Arizona's laws, and it would be wise to be familiar with tribal gun restrictions before traveling onto a reservation with a gun.  Arizona's weapon laws are laid out in Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 31.  For more specific questions about a weapons case, or for case quotes, contact the Tucson Defenders for a FREE CONSULTATION   520-585-5757

ARIZONA GUN OWNERSHIP AND CARRYING LAWS
Arizona does not require a permit for the purchase of a gun, for concealed carry, or for open carry.  Further, Arizona law does not have a ban on "assault" weapons, does not limit magazine capacity, nor require background checks for private sales.  Unless otherwise prohibited, adults over 18 years old may lawfully own and "open carry" a firearm.  Concealed carry is permitted for adults age 21 and over, not otherwise prohibited.

WHO CANNOT OWN A GUN IN ARIZONA?
Minors, those deemed to be a danger to themselves or others, convicted felons, adjudicated delinquents for felony, those on probation for any felony or domestic violence, undocumented aliens, persons found guilty except insane are all prohibited from owning firearms and may be charged with prohibited possession.  There are processes for restoration of rights, and not all disqualifications discussed above are absolute.

WHAT CONDUCT WITH GUNS IS PROHIBITED UNDER ARIZONA LAW?
Aside from possession by prohibited persons, lawfully possessed guns can lead to criminal charges if discharges, or possessed in a prohibited area.  There are exceptions where discharge of a firearm is lawful, including at a range, hunting, and in valid self-defense.  For self-defense to be lawful, a reasonable person would have to believe that deadly force was necessary to stop the attack.  Prohibited areas include power plants, polling places, airports, jails, schools, and bars.  Further, carrying a deadly weapon in furtherance of a crime will result in additional charges.  Trafficking weapons, especially to a minor or other prohibited possessor, can result in serious charges, and may also result in serious federal charges (see more below). 

OTHER WEAPONS
Most, but not all, criminal cases involving weapons involve the possession or use of a firearm.  Arizona law is strict when it comes to explosives, and very lenient with respect to knives.  Explosives, silencers, Molotov cocktails, and chemical weapons are illegal in Arizona.  Sawed-off shotguns, and guns that shoot more than one round automatically are also prohibited.  Switchblades, butterfly knives, and blades of any length are legal in Arizona.  Adults 18 and older may open carry any blade, but must be 21 and older for concealed carry.

FEDERAL GUN-RELATED CHARGES (MORE ABOUT FEDERAL CRIMINAL DEFENSE)
One of the most commonly charged federal crimes is felon in possession of a firearm.  Because federal law has harsh sentencing guidelines for repeat offenders, felons in possession of a firearm can face lengthy prison sentences if charged in federal court.  Additionally, the Bureau of Alcohol, Tobacco, and Firearms ("ATF") conducts its own enforcement of federal firearm laws aimed at reducing access of firearms for prohibited persons, and those in other states with stricter gun control laws (e.g. California).

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

If you or a loved one is facing a weapon-related charge in Tucson, from being a felon in possession of a firearm, to possession of a firearm on school or university grounds, to discharge of a firearm, it is important to have a great defense to assert your constitutional rights and protect your liberty.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757

TUCSON CRIMINAL DEFENSE LAWYER

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US District Court, Arizona (Tucson)
Bureau of Alcohol, Tobacco and Firearms ("ATF")
BOP Inmate Locator

Pima County Superior Court
ARS Title 13 - Chapter 31
Pima County Sheriff Inmate Locator