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Scottsdale Gun Lawyer

Although Arizona is one of the most gun-friendly states in the country, there are restrictions on firearms ownership and use. It is crucial to know these laws, as many weapons violations are felonies punishable by probation, fines, jail time, or prison sentences. And as you’ve probably heard “ignorance of the law is not a defense.”

If you have been charged with a gun offense, contacting a proactive defense attorney at the Grand Canyon Law Group can significantly affect the outcome of your case. An experienced Scottsdale gun lawyer at our firm can fight tirelessly to defend you and your rights.

Arizona Gun Rights

Arizona is a constitutional carry state. Therefore, anyone in Scottsdale over the age of 21 can carry a weapon openly or concealed without a license if they complete a gun safety course and do not have a criminal record or mental disorder.

In addition to being a constitutional carry state, Arizona also supports the “stand your ground” doctrine, meaning if you are attacked, you are not required to flee if you are not trespassing or committing a crime. Under Arizona rule, you have the right to use force that is proportional to the threat to you or your relatives. Additionally, you have the same privileges in your home under the state’s “castle doctrine” rules. Our knowledgeable local attorneys can further explain these gun laws to Scottsdale residents and advise on how they may be applicable to a criminal case.

While all of this is true, it is not an argument you want to have to make in court. These are all defenses to Aggravated Assault with a Deadly Weapon or Homicide charges. If law enforcement or prosecution does not believe you fit perfectly into one of these defenses, you can be charged with a serious crime. Defending against those charges will be the fight of your life.

Basic Gun Crimes in Scottsdale

In Scottsdale, several crimes are related solely to the use or possession of firearms. Some of these crimes include:

  • Possession of a banned or modified firearm
  • Illegal possession after losing second amendment rights due to prior felony conviction: “Misconduct Involving Weapons”
  • Disorderly conduct
  • Unlawful discharge
  • Aggravated Assault with a deadly weapon
  • Homicide: Murder, negligent homicide, manslaughter, other
  • Possession of firearms by a non-citizen or illegal alien
  • Modification of serial numbers
  • Unlawful concealment

The above-listed crimes can be felonies that carry mandatory prison time and burdensome fines. Our aggressive lawyers in the area can provide valuable assistance in defending against minor and severe gun charges.

Gun Offenses During the Commission of Other Crimes

Many gun crimes involve the commission of another crime. Often this can cause an aggravated tag to the case when it is charged as a “dangerous offense”. For instance, charges for robbery, burglary, assault, and murder can all be enhanced by the possession of a firearm. In most cases, the possession or use of a deadly weapon during the course of another crime is an aggravating factor that modifies the charge.

For instance, under ARS 13-1204, the use of a deadly weapon increases a misdemeanor assault charge to the felony crime of aggravated assault. If the offense was already a felony and is charged as being committed with a gun, and therefore is charged as “dangerous,” it skyrockets the prison sentence range if you are convicted. It also makes it “prison mandatory” so a judge cannot give you probation, but must sentence you to prison if convicted, even on a first offense.

Penalties for Gun Crimes

Although Arizona has less stringent gun laws than many other states, violations can still result in severe penalties. Depending on the underlying crime, a defendant may be charged with different classes of felonies which carry various minimum and maximum penalties. Many of these offenses are classified as “dangerous crimes.”

Dangerous crimes include clearly defined minimum and maximum sentences that increase for each subsequent commission of a crime. For example, a Class 6 felony carries a minimum sentence of one and half years for a first offense. However, a second offense of the same crime increases the minimum prison term to three years, and a third offense increases the minimum to four and a half years. As such, it is critical to avoid any gun convictions and enhanced penalties by working with the right Scottsdale attorney.

Effect on Future Gun Possession and Ownership

It may be obvious, but if you are convicted of a gun offense, you will have your Second Amendment rights stripped from you. This is devastating and is a terribly harsh consequence. In addition, it makes it very difficult to have them restored in the future. However, if you have had your gun rights revoked, call our knowledgeable attorneys about your options to work towards restoration of gun rights.

Call a Scottsdale Gun Attorney to Defend You

A gun crime conviction can have a devastating impact on your freedom, finances, future employability, and right to own and use firearms. If you have been charged with a gun crime, do not hesitate to get the help you need. At the Grand Canyon Law Group, our former prosecutors know how to aggressively defend these types of cases to secure the best possible outcomes for our clients. Call a Scottsdale gun lawyer today and begin working on a strategy for your defense.

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