Misconduct Involving Weapons Lawyer in Arizona — Defense Under ARS 13-3102
A misconduct involving weapons lawyer in Arizona defends clients accused under Arizona Revised Statutes 13-3102, which covers a wide range of weapons-related conduct, including prohibited-possessor offenses and possession of a weapon during the commission of a felony. Oliverson Law DUI & Criminal Defense combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
What Does Arizona Law Say About Misconduct Involving Weapons Under ARS 13-3102?
Arizona’s primary weapons statute is Arizona Revised Statutes 13-3102, titled “Misconduct Involving Weapons.” The statute contains multiple subsections covering different conduct, including possession of a firearm by a prohibited possessor, possession of a weapon during the commission of a felony, possession of a defaced firearm, and possession of a weapon in certain restricted locations.
The class of the offense depends on the subsection charged. Prohibited-possessor cases are typically charged as felonies. Definitions of “prohibited possessor” are found in ARS 13-3101 and include persons with qualifying prior felony convictions (unless civil rights have been restored), persons subject to certain court orders, and others specifically listed in the statute.
When a firearm or deadly weapon is used or exhibited during a felony, Arizona’s Dangerous Offense sentencing statute (ARS 13-704) may apply. That enhancement changes sentencing significantly, and defeating the “used or exhibited” element is often the single most important task in an Arizona weapons case.
What Happens After a Weapons Misconduct Arrest in Arizona?
Arizona’s criminal process moves quickly, and the decisions made in the first 48 to 72 hours after an arrest shape the rest of the case. The exact timeline depends on the charge and the court, but most Arizona cases follow the same four stages.
Arrest and Initial Appearance
If you are arrested, Rule 4.1 of the Arizona Rules of Criminal Procedure requires that you be brought before a judge for an Initial Appearance within 24 hours. That is when release conditions — bond, own-recognizance release, or pretrial detention — are set. Having counsel in place before the Initial Appearance can directly affect the conditions the court orders.
Arraignment and Plea Entry
Felony arraignments in Superior Court and misdemeanor arraignments in city or justice court are where the charges are formally read and a plea is entered. A not-guilty plea at arraignment preserves every defense and triggers the State’s disclosure obligations under Rule 15.
Pretrial Motions and Disclosure Review
This is the stage where most criminal cases are decided. Motions to suppress evidence, motions challenging the charging instrument, and review of police reports, body camera video, and witness statements all happen here. A successful suppression motion can end a case before trial.
Resolution: Plea, Diversion, Dismissal, or Trial
Most Arizona criminal cases resolve through a negotiated plea, a diversion program, or dismissal after a successful defense motion. When trial is the right path, Rule 8 sets time limits the State must meet. Our approach is to prepare every case as if it is going to trial, because that preparation is what produces better plea offers.
How Does Our Team Build Your Weapons Misconduct Defense?
An effective Arizona criminal defense is built around four questions: Was the State’s evidence lawfully obtained? Can the State prove every element of the charge beyond a reasonable doubt? Are there affirmative defenses or justifications that apply? And what resolution produces the best long-term outcome for the client? Every case we take is worked through this framework.
Challenging the Stop, Search, or Seizure
Fourth Amendment issues are where many Arizona criminal cases break down. Traffic stops without reasonable suspicion, searches beyond the scope of consent, and warrantless home entries without exigent circumstances all create suppression arguments under ARS 13-3925 and the Fourth Amendment.
Attacking the State’s Evidence
Chain of custody, lab testing protocols, officer credibility, body-camera gaps, and witness reliability are all challengeable. The State must prove every element of the charge beyond a reasonable doubt — breaking any single element ends the prosecution.
Raising Affirmative Defenses
Arizona recognizes self-defense under ARS 13-404, defense of a third person under ARS 13-406, defense of premises and property, necessity, duress, and mistake of fact. When the facts support it, we raise these defenses early and present them to the jury.
Negotiating From Trial-Ready Strength
Our preferred resolution is always dismissal or diversion. When a plea is the right outcome, we negotiate from the leverage created by trial preparation. Prosecutors move their offers when they see a defense that is ready to go.
Why Does Our Background Give You an Advantage?
Oliverson Law was founded in 2009 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Which Arizona Counties and Cities Do We Serve?
Oliverson Law handles misconduct-involving-weapons cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in courts across Maricopa County and Mohave County.
Maricopa County (Population: 4,551,524)
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County (Population: 222,255)
Mohave County Superior Court at 415 E Spring St in Kingman handles felony cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
Maricopa CountyPima CountyPinal CountyYavapai CountyMohave CountyCoconino CountyYuma CountyCochise County
Frequently Asked Questions
Misconduct involving weapons is an umbrella offense under ARS 13-3102 that covers several distinct acts, including possession of a firearm by a prohibited possessor, possession of a weapon during the commission of a felony, possession of a defaced firearm, and possession of a weapon in certain restricted locations. Which subsection is charged determines the class and sentencing exposure.
ARS 13-3101 defines prohibited possessor. The definition includes persons with qualifying prior felony convictions whose civil rights have not been restored, persons subject to certain court orders, persons found to constitute a danger under ARS 36-540, and others specifically listed in the statute.
Sometimes, yes. ARS 13-905 allows qualifying convictions to be set aside, and ARS 13-910 addresses restoration of firearm rights for certain offenders. Federal law under 18 U.S.C. § 922(g) is a separate question, and state restoration does not automatically restore federal firearm rights.
Under ARS 13-704, a “dangerous offense” enhancement applies when a firearm or deadly weapon is used or exhibited during the commission of a felony. The enhancement changes sentencing exposure significantly. Breaking the “used or exhibited” element is often the single most important task in an Arizona weapons case.
Yes. Arizona adults who are not prohibited possessors may generally carry a firearm without a permit. However, carrying while committing another offense, carrying in certain restricted locations, or carrying as a prohibited possessor can still violate ARS 13-3102.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer — with direct firearms training and field experience. That combined background informs the defense strategy from the moment the case is filed.
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Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
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