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Gun Laws in Gilbert

Arizona gun laws generally provide more freedom than most other states, but in the interest of public safety, there are some limits to who can access firearms and how they can be used. Using a gun to commit a violent crime is also an aggravating factor that increases penalties for an underlying crime.

Knowing how to exercise your Second Amendment rights safely and legally is essential information for any responsible gun owner, but some laws are clearer than others. An experienced gun defense attorney from Grand Canyon Law Group can use their knowledge of the gun laws in Gilbert to defend you – but you need to act NOW.

Gun Carrying Laws

Guns are categorized as deadly weapons under Arizona Revised Statutes § 13-105(15), so there are rules for who can carry or conceal carry a firearm. Under most gun-carrying laws, a person is considered “in possession” of a firearm if it is carried on their person or if it is in “their immediate area of control.” That typically means that if a gun is within arm’s reach, and the gun owner could suddenly take physical possession of the firearm, in effect it is in their possession.

Gun owners can, unless a specific exception applies to their circumstances, carry a concealed firearm without a permit and own guns without registering them with the state, per A.R.S. § 13-3108. Gun owners cannot, however:

  • Carry a concealed firearm if they are under the age of 21, unless they are at home or they are carrying their gun in a holster that is at least partially visible
  • Carry a concealed firearm if they have been convicted of a felony, a domestic violence misdemeanor, or have been deemed mentally incompetent
  • Bring a deadly weapon onto school grounds or certain government buildings
  • Lie if a law enforcement officer asks if they have a concealed gun in their possession
  • Carry without a permit from the Department of Public Safety if they are in an establishment that sells liquor

If you are in any of these situations in Gilbert that involve strict gun laws, it should necessitate you calling us immediately to begin representing you.

Penalties for Violating Gun Possession Laws

Most crimes related to the unlawful possession of a firearm are classified as “misconduct involving a weapon” under A.R.S. § 13-3102. It is a Class 6 felony for a minor to break age-restricted carrying laws, or for a person to carry a firearm onto school grounds in furtherance of certain other crimes, such as conducting drug sales with minors.

Under A.R.S. § 13-702 and A.R.S. § 13-703 Class 6 felonies are punishable by three to 24 months in prison for first-time offenders and punishable by nine months to 5 years and nine months for repeat offenders, based on the number of prior convictions they have.

It is a Class 2 felony to use, possess, or sell a gun to assist in a terrorist activity, punishable by three to 12.5 years of incarceration for first-time offenders and from 4.5 to 23 years for repeat offenders.

In addition to these prison sentences, people convicted of firearm-related felonies can be fined up to $150,000, plus additional fees and surcharges, per A.R.S. § 13-801.

Gun Sale and Transfer Laws

State gun laws provide some regulations for the purchase and sale of firearms, but in general, private sellers and buyers here have many more liberties when it comes to gun transfers than in most states.

Buyers must be at least 21 years old to get a firearm from a federally licensed dealer or must be at least 18 years old to purchase from a private dealer. To sell a gun, the firearm cannot be defaced or illegally modified, per A.R.S. § 13-3102. A seller cannot provide a firearm to a “prohibited carrier” as listed above. A seller cannot provide a firearm to someone knowing that their purpose for the purchase is to commit a felony.

In a private gun sale, merchants are not required to run background checks. Purchases do not need to have a permit to carry and do not have to register the weapon. Anyone of appropriate age and not otherwise restricted by any legal expectations can be a private seller or buyer.

Penalties for Gun Sale Crimes in Gilbert

It is a Class 4 felony to manufacture, possess, purchase, or sell a prohibited weapon, to possess a firearm as a prohibited person, or to use a gun during the commission of any felony. Class 4 felonies are punishable by one year to three years and nine months for first-time offenders, and from 2.25 to 15 years based on the number of prior convictions of a repeat offender.

It is a Class 3 felony to knowingly supply someone with a gun to further another felony action, or to sell deadly weapons to assist and support criminal gangs. Class 3 felonies are punishable by 3.25 to 8.75 years in prison for a first-time offender, and from 3.25 to 25 years for repeat offenders.

Call an Attorney Now When You Are Alleged to Have Broken a Gun Law in Gilbert

Violating gun laws in Gilbert can result in harsh penalties, but our experienced criminal defense attorneys are committed to protecting your personal liberties. Reach out to Grand Canyon Law Group TODAY to begin discussing your claim. By defending you in court and ensuring you are given a fair trial, we can help you get better outcomes for your criminal case. Do not delay!

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