Arizona Concealed Weapon Charges

The State of Arizona has some of the most liberal gun laws in the nation. Governor Jan Brewer signed a new law that went into effect on July 29, 2010 allowing any Arizona resident age 21 years or older to carry a concealed weapon without a permit. The only other states to have passed similar laws include Alaska and Vermont. However, permits are still required to carry a concealed weapon into any establishment that serves alcohol. Carrying a concealed weapon into a restricted area will result in a misdemeanor charge. While this legislation eases certain restrictions, it actually stiffens the penalties for individuals who commit a crime while carrying a concealed weapon, resulting in being charged with a felony offense.

What is a Prohibited Possessor?

Certain individuals are not allowed to carry any type of weapon if they fall into one of the following categories:

• Has been convicted of a felony offense and has not had their conviction expunged.
• Anyone suffering from a mental illness or deemed mentally incompetent.
• Is currently in the United States illegally.
• Any individual that is found to be a danger to themselves or others and has not completed court ordered treatment.
• Anyone that has been arrested for a felony prior to conviction.
• Any person convicted of misdemeanor domestic violence.
• Individuals who are currently serving time in any type of correctional or detention facility.
• People who are currently on probation or parole.
• Anyone who is addicted or currently using a controlled substance.
• Has been dishonorably discharged from the Armed Services.
• Currently has a restraining order against them.
• Has renounced their U.S. citizenship at any time in the past.
• Is currently a fugitive from the law.

All individuals are required to inform a police officer that they are carrying a weapon when asked. A law enforcement officer may temporarily confiscate a weapon while performing an investigation to determine whether the individual has the legal right to carry the weapon.

Penalties For Carrying a Concealed Weapon

The State of Arizona has several specific weapons laws that deal with concealed, prohibited and deadly weapons. Some of the offenses and possible penalties are listed in the table below:

The above penalties are the average sentence for first-time offenders. The judge may impose a harsher penalty for repeat offenders or if aggravating circumstances were present during the commission of the crime.

What Plea Options Are Available?

Most first-time offenders or those charged with a non-violent crime may be eligible for an alternative sentencing program.

• Diversion Program—If the crime is non-violent in nature, the individual may be allowed to enter a diversion program. If the defendant successfully completes all elements of the program, the charges will be dismissed avoiding a criminal record.
• Plea Bargain—A second alternative is to take a plea bargain to a lesser offense. For example, if the District Attorney’s office has charged you with possessing a gun with the serial numbers rubbed off, they may be willing to reduce this down to a Class 1 misdemeanor rather than a felony offense. You must enter a plea of guilty and describe in detail how the crime was committed.
• No Contest—A plea of no contest is essentially the same as pleading guilty even though the defendant doesn’t actually admit their guilt in open court.
• Not Guilty—Defendants may wish to enter a plea of not guilty, which means that the prosecution must prove beyond a reasonable doubt that they are guilty of the offense.

Consulting an Arizona Criminal Defense Attorney

Being charged with a criminal offense can be a frightening experience, especially for first-time defendants. Therefore, it is important to get experienced legal representation. Criminal defense attorneys know the laws and can work the system to your advantage. If you have been arrested, contact an Arizona criminal defense attorney immediately for assistance.