In Arizona, misconduct involving a weapon or weapons is extremely serious and a situation that is covered by the 13-3102 of Arizona Revised Statutes. Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3102 “Misconduct Involving Weapons” can occur in many ways, and it is best to consult a defense attorney immediately upon charging by the State to review your options and develop a strategy to help achieve the best possible outcome.
While most ARS 13-3102 charges involve guns, individuals may still be charged with misconduct that involves a weapon if they have trafficked explosives for a gain, or if they enter a hydroelectric generation station while having a weapon on their person. Using a modified weapons, such as sawed off shotgun, or defacing weapons may also qualify for this charge.
Common Examples of Situations that Result in a Misconduct Involving a Weapon Charges
In many cases, misconduct that involves a weapon is charged when a person knowingly brings a deadly weapon into some type of restricted area, such as an airport or courthouse. Some examples that may result in this specific charge include:
Carrying on transportation: If a person carries a deadly, concealed weapon onto transportation or that is in their immediate control, then this charge can be filed. This does not include pocket knives and other less dangerous weapons.
Failing to respond to an officer: The charge may also occur if someone fails to respond to a law enforcement officer when they are asked if they are carrying a concealed weapon.
Selling or providing: If someone is found to be supplying, selling or providing a gun to someone else who is planning to commit a felony, they can be charged with misconduct involving a weapon.
Transporting or manufacturing: If a person is possessing, transporting, selling, transferring or manufacturing a prohibited weapon they can be charged with this crime.
Defacing a deadly weapon: It’s considered illegal to deface any deadly weapon or to possess one with the understanding that it has been defaced (an example of this would be removing the serial number).
Prohibited possessors: A person cannot possess a deadly or prohibited weapon if they are considered a prohibited possessor. A prohibited possessor is someone who has been determined as a danger to self or to others; disabled or gravely disabled under order; and whose right to possess a firearm has not been restored by Law in Arizona;
Not removing the weapon: If someone enters into a public establishment or event and they continue to carry the weapon after they are asked to hand it over, they can face this charge.
Previous felony charges: Any previous charge may also result in a violation of 13-3102.
The Most Serious Offenses of Misconduct Involving a Weapon
The most serious charge for this particular situation is to discharge a gun during an occupied activity or to do so in an effort to further gang activities. Another serious misconduct charge is using the weapon for committing some type of act of terrorism.
Punishment for Violation of 13-3102
If a person faces charges of misconduct involving a gun, the punishment varies. If terrorism is suspected, then this is considered a class 2 felony and could carry a sentence of up to a year in jail and probation, or prison for three to 12.5 years.
If the individual who committed the crime has prior convictions, they are going to serve between four and 23 years in prison. If someone has two prior convictions, then they may face between 10 and 35 years in prison.
Other punishment for misconduct involving a weapon include:
Class 3 Felony: This is charged if someone commits a walk-by-shooting in an occupied location and it carries a sentence of no jail time up to nine years in jail.
Class 4 Felony: This is charged if someone is found to be selling or manufacturing weapons and carries a sentence of up to one year in jail and probation.
Class 6 Felony: If a person has a sawed off gun, then they will be charged with this and serve up to a year in jail.
If a person is facing these charges, the best thing they can do is reach out to an attorney for assistance with their case.