What is Misconduct involving weapons Arizona A.R.S. 13-3102?
Arizona does not require a person to hold a firearms permit to open carry or conceal carry. However, there are certain restrictions to who can conceal carry, and where a person can carry a firearm.
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(a) In the furtherance of a serious offense, a violent crime, or other felony offense
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor (e.g.: convicted felon)
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon.
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony.
Penalties for someone charged with Misconduct with weapons in Arizona A.R.S. 13-3102
The specific penalties for violations under ARS 13-3102 can vary based on the nature of the offense. Here are some common provisions and potential penalties associated with ARS 13-3102:
Class 1 Misdemeanor: maximum jail time of 30 days, or probation.
Class 3 Misdemeanor: maximum jail time of 6 months, or probation.
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
Defenses to Misconduct involving weapons in Arizona
Misconduct involving a weapon can be classified as either misdemeanor assault or felony, depending on the specific circumstances. Defenses to misconduct involving a weapon charges may vary based on the details of the case, but some common defenses might include:
Unlawful Search and Seizure: If the weapon was obtained through an illegal search and seizure, it may be possible to challenge the admissibility of the evidence in court. The Fourth Amendment protects individuals from unreasonable searches and seizures.
Lack of Possession: If you were not in actual possession of the weapon, it may be argued that you did not have control over it and, therefore, should not be held responsible for it.
Self-Defense: In some cases, it might be a valid defense to argue that you possessed the weapon for self-defense purposes. However, the circumstances under which deadly force is justifiable can be highly specific, and self-defense claims are subject to careful scrutiny.
Lack of Intent: Some weapons charges require proof of intent to use the weapon unlawfully. If it can be shown that you did not have the intent to use the weapon for illegal purposes, it might be a viable defense.
Mistaken Identity: If there is a question of mistaken identity or if you were not the person in possession of the weapon, this could be a potential defense.
Arizona Criminal Defense Attorney Brian Di Pietro, has successfully represented many clients who had been charged with Weapon Offenses. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the Weapon Offenses for his clients. Contact Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your pending Weapon Offense charge in Arizona.