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What is Misconduct Involving a Weapon Under ARS 13-3102?

Man walking in a field, holding two guns

The State of Arizona is known for limited firearm restrictions but there are serious consequences for violating the laws that are in place. This includes the possession or use of weapons that are heavily regulated or banned entirely.

Still have questions on what misconduct involving a weapon is under ARS 13-3102? You have an opportunity to not only learn about the statute itself but also discuss your potential legal options with Grand Canyon Law Group. Let a seasoned gun defense attorney evaluate the case against you before guiding you through the criminal justice system. Call to learn more!

Understanding the Offense of Weapons Misconduct

The criminal offense of misconduct involving a weapon is governed by Arizona Revised Statues 13-3102. This statute outlines 16 specific scenarios that are considered unlawful. Some of these actions involve the way a weapon is transferred or used, while others involve possessing it in a forbidden place. Examples of violations include the following.

Possessing a Weapon in Certain Places

It is a violation of the statute to possess a weapon on the grounds of a school. There are some exceptions, including law enforcement officers and parents with concealed weapon permits. Likewise, the law also prohibits bringing a firearm in a nuclear or hydroelectric generating station without authorization.

Unlawful Transfers

Not all examples of misconduct include carrying or possessing a specific weapon. There are also prohibitions in the law related to giving or selling guns to certain individuals. This includes providing a weapon to someone who is barred from owning firearms under the law. It is also a violation to provide someone with a weapon while having reason to believe they intend to use it to commit a crime.

Using Weapons in Certain Ways

Finally, some of these violations involve the specific use of a firearm. One example is defacing or possessing a defaced deadly weapon while committing a felony offense. Another example is discharging a gun at an occupied structure with the intention of furthering a street gang’s interests.

Possible Defenses to Weapon Misconduct

Anyone accused of misconduct involving a weapon under ARS 13-3102 has the right to mount a vigorous defense in court. This can be done in several ways, depending on the facts. There are many types of specific conduct that violate this statute, so it should come as no surprise that there are also countless defense strategies. Finding the right approach can be possible with the help of a strong criminal defense attorney from Grand Canyon Law Group.

One basic defense involves the mental state of the accused. A person only commits misconduct involving a weapon if they are knowingly in possession of a firearm. If a person is unaware that they have a dangerous weapon on their person, they might not be found guilty of offenses related to unlawfully bringing a firearm to a restricted area. Other potential defense strategies could include:

  • Lack of evidence
  • Violation of the accused’s constitutional rights
  • Violation of the statute of limitations
  • No possession of a dangerous weapon

The appropriate defense strategy might not be obvious without a thorough investigation. An attorney could review the facts and determine the best way to attack the state’s case.

Talk to an Attorney About Weapon Misconduct Charges Under ARS 13-3102

If you currently face gun charges, the next steps you take are crucial. You have an opportunity to secure legal counsel and build the strongest defense strategy possible. Call Grand Canyon Law Group as soon as possible to discuss your options during a private consultation.