Weapons Charges Lawyer in Arizona — Former Judge & Prosecutor On Your Side
Weapons Charges Lawyer Arizona: Oliverson Law defends cases under ARS 13-3102, 13-3105, 13-3107, and related statutes in Arizona city, justice, and Superior Courts. From prohibited possessor allegations to Shannon’s Law, our Tempe-based team navigates Maricopa County and statewide procedures to protect rights, restore firearms eligibility, and resolve charges.
Arizona weapons laws & penalties
Arizona’s primary firearms statute is ARS 13-3102 (Misconduct Involving Weapons). Charges under 13-3102 range from misdemeanors to serious felonies, depending on the subsection, location (for example, school grounds), and the accused’s status (such as being a “prohibited possessor” under ARS 13-3101(A)(7)). Related statutes include ARS 13-3105 (defacing a firearm), ARS 13-3107 (unlawful discharge within a municipality, known as “Shannon’s Law”), ARS 13-3111 (minors & firearms), and ARS 13-3112 (concealed weapon permits, still issued though Arizona allows permitless carry for adults 21+). Arizona’s statewide preemption, ARS 13-3108, restricts cities from enacting conflicting gun rules, though places like polling locations, school grounds, and secured government facilities remain restricted under state law.
Many weapons charges intersect with other Arizona crimes. An alleged assault with a deadly weapon may elevate charges under ARS 13-1204 (aggravated assault), often prosecuted in the same Maricopa County Superior Court felony case. When firearms are discovered during a traffic stop or drug investigation, prosecutors may add ARS 13-3102 counts alongside narcotics allegations. If your case blends weapons and narcotics, review our Drug Possession Lawyer hub for how Arizona courts handle bundled charges.
For a plain-English overview of 13-3102’s many subsections, see our blog, What Is Misconduct Involving Weapons in Arizona. And if you’re unsure when Arizona law allows concealed carry, our post Can I Carry a Gun Without a Permit in Arizona explains the interaction of ARS 13-3102 and 13-3112 with real-world scenarios in places like Phoenix Municipal Court and Tempe Municipal Court.
| Offense | Statute | Classification | Potential Custody | Fines | Notes |
|---|---|---|---|---|---|
| Prohibited possessor in possession of a firearm | ARS 13-3102; ARS 13-3101(A)(7) | Typically Class 4 felony | Felony ranges apply under ARS 13-702/13-703 | Felony fines per ARS 13-801 | Often filed in Superior Court; status depends on felony conviction, court order, or other disqualifiers. |
| Possessing a prohibited weapon (e.g., bomb, improvised explosive, certain short-barreled firearms) | ARS 13-3102; ARS 13-3101 (definitions) | Often Class 4 felony | Felony ranges apply under ARS 13-702/13-703 | Felony fines per ARS 13-801 | Definitions and exceptions matter; some devices are lawful with specific federal compliance. |
| Defacing a firearm or possessing a defaced firearm | ARS 13-3105 | Class 6 felony | Felony ranges apply under ARS 13-702/13-703 | Felony fines per ARS 13-801 | “Knowingly” element is critical; serial number alteration and knowledge can be contested. |
| Weapons on school grounds (with exceptions) | ARS 13-3102 | Often a misdemeanor; circumstances can elevate | Misdemeanor or felony ranges depending on facts | Fines per ARS 13-802/13-810 | Exceptions for unloaded/secured firearms; signage, notice, and purpose influence charges. |
| Entering a posted public establishment or event with a weapon after notice | ARS 13-3102 | Typically Class 1 misdemeanor | Misdemeanor ranges per ARS 13-707 | Misdemeanor fines per ARS 13-802 | Notice requirements and opportunity to store/secure the weapon can be central to the defense. |
| Unlawful discharge within city limits (“Shannon’s Law”) | ARS 13-3107 | Class 6 felony | Felony ranges apply under ARS 13-702/13-703 | Felony fines per ARS 13-801 | Applies to municipalities; defenses may include self-defense, justified use, or location exceptions. |
| Minor in possession of a firearm (exceptions apply) | ARS 13-3111 | Generally treated as a misdemeanor | Misdemeanor ranges per ARS 13-707 | Misdemeanor fines per ARS 13-802 | Hunting, target practice, or parental presence can create statutory exceptions. |
Arizona sentencing depends on offense class, prior felony history, and whether the State alleges “dangerous” designation tied to a deadly weapon. Dangerous allegations affect eligibility for probation and presumptive terms under ARS 13-704. If prosecutors stack weapons counts with violent offenses, consult our Felony Defense Lawyer resource for Superior Court strategies specific to Maricopa, Pinal, Yavapai, and Mohave Counties.
What happens after an arrest in Arizona
After a weapons arrest in Arizona, you will typically appear before a judge within 24 hours under Arizona Rules of Criminal Procedure 4.1. In Maricopa County, felony weapons cases begin in a Regional Court Center or Initial Appearance Court before moving to Maricopa County Superior Court. Misdemeanors proceed in city or justice courts such as Phoenix Municipal Court, Tempe Municipal Court, or a precinct Justice Court.
Initial appearance & release conditions
The court advises you of ARS charges (e.g., 13-3102, 13-3105) and sets conditions under Rule 7.2. Release may include no-firearms orders, search conditions, or electronic monitoring. Oliverson Law argues for the least restrictive conditions, especially if the State alleges “dangerous offense” based on a deadly weapon.
Charging decision: complaint, information, or indictment
Felonies move forward by grand jury indictment or preliminary hearing under Rule 5. In Maricopa County, prosecutors often prefer indictment. We challenge probable cause—especially on “prohibited possessor” status under ARS 13-3101(A)(7)—and contest overbroad readings of 13-3102 subsections.
Discovery, suppression, and negotiations
We demand officer reports, bodycam, and forensic tracing on firearms. If the stop, detention, or search violated Article 2, § 8 of the Arizona Constitution or the Fourth Amendment, we file a Rule 16 motion to suppress. Where appropriate, we negotiate charge reductions—especially on 13-3105 “knowledge” issues.
Trial or resolution in Arizona courts
Felonies are tried in Superior Court; misdemeanors in municipal or justice courts. We litigate jury instructions tailored to specific ARS elements, challenge “dangerousness” designations, and present statutory exceptions under 13-3102, 13-3111, and related provisions. If violence is alleged, see our Assault Lawyer hub for cross-over defenses.
Weapons allegations often come packaged with broader criminal counts. If your case includes non-weapons felonies or probation exposure, our Criminal Defense Lawyer page explains Arizona practice across Superior Courts statewide, including motion practice and case management orders that shape how 13-3102 charges are litigated.
Speak with Oliverson Law DUI & Criminal Defense at our Tempe office, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We handle cases across Arizona justice, municipal, and Superior Courts.
Defenses we use in Arizona courts
Arizona weapons statutes hinge on precise statutory language, status, and location. We target the specific ARS element driving your case—whether that’s the “knowledge” requirement in ARS 13-3105, the “prohibited possessor” definition in ARS 13-3101(A)(7), or the notice and signage requirements embedded in several 13-3102 subsections. Below are strategies we use in Superior, justice, and municipal courts across Arizona.
Understanding where you can and cannot carry is half the battle. For practical guidance tied to Arizona’s locations and exceptions, read our post Where Can You Not Carry a Gun in Arizona. For penalty exposure issues on prohibited possession, see What Are the Penalties for Illegal Gun Possession in Arizona.
Why our background helps in Arizona weapons cases
Oliverson Law DUI & Criminal Defense was founded in 2009 by Derek Oliverson. Before entering defense, Derek served on every side of an Arizona criminal case: as a police officer, a county prosecutor, and a judge in two high-volume Arizona courts. This experience shapes how we defend ARS 13-3102 and related charges across municipal, justice, and Superior Courts.
Derek Oliverson, Founder
Derek earned a B.S. in Criminal Justice, magna cum laude, from Southern Utah University, and a J.D. with a litigation concentration from Creighton University School of Law. Admitted to the State Bar of Arizona in October 2009, Derek’s career path is uniquely suited to weapons litigation: police officer in Henderson, Nevada; prosecutor in the Mohave County Attorney’s Office; then judge at Page Magistrate Court (3,000+ cases/year) and Glendale City Court in Arizona (2012, 40,000+ cases/year). He left the bench in 2014 and founded the firm in 2016.
Why this matters for ARS 13-3102, 13-3105, and 13-3107 cases: Derek has ruled on suppression motions, evaluated probable cause, and seen how jurors in Arizona municipal and Superior Courts react to evidence like bodycam, dispatch records, and serial-number forensics. That insight helps us challenge weapon classifications, “dangerousness” allegations, and the State’s proof on “knowledge” and notice elements.
David Tangren, Attorney
David graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor at the Pima County Attorney’s Office, he handled misdemeanors through the felony trial team, including cases in the Property and Narcotics Bureau. His felony trial experience informs cross-examination of law enforcement and negotiations with Arizona county prosecutors when weapons charges accompany burglary, theft, or drug counts.
Together, our team leverages prosecution and judicial experience in Arizona to anticipate charging decisions from the Maricopa County Attorney’s Office, understand jury pools in courts like Phoenix Municipal Court, Mesa Municipal Court, and Chandler Municipal Court, and tailor defenses that fit the statute and the venue. If your allegations overlap with violent felonies, our Felony Defense Lawyer and Assault Lawyer pages outline strategies we regularly apply in weapons-related prosecutions.
Reach Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit our office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We take calls 7 days a week and can arrange same-day consultations statewide.
Counties & cities we cover
We defend weapons charges throughout Arizona’s justice, municipal, and Superior Courts—from initial appearance to trial. Whether your case is in a large venue like Maricopa County Superior Court or a city division such as Tempe Municipal Court, our approach is grounded in the ARS and the local court’s procedures.
Ahwatukee, AZAlhambra, AZAnthem, AZApache Junction, AZArcadia, AZAvondale, AZBuckeye, AZBullhead City, AZCamelback East, AZCarefree, AZCasa Grande, AZ
Frequently Asked Questions
ARS 13-3102 covers a wide range of conduct, from possessing weapons as a prohibited possessor (defined in ARS 13-3101(A)(7)) to carrying in restricted places and possessing prohibited weapons. Classifications range from misdemeanors to felonies. Outcomes depend on the subsection charged, any “dangerous” designation under ARS 13-704, and evidence such as notice, knowledge, and statutory exceptions.
Yes. Under ARS 13-3105, knowingly defacing a firearm or possessing a defaced firearm is a Class 6 felony. The State must prove the “knowingly” element, the alteration of identifying marks (such as a serial number), and possession. Defenses often focus on lack of knowledge, chain of custody, forensic tracing, and suppression if the gun was seized after an unlawful stop or search.
A prohibited possessor is defined in ARS 13-3101(A)(7) and can include people with certain felony convictions whose rights haven’t been restored, those adjudicated a danger to self or others, and certain court-ordered restrictions. Possessing a firearm while a prohibited possessor is typically charged under ARS 13-3102 as a Class 4 felony. Relief mechanisms include ARS 13-905 set-asides and ARS 13-925 petitions.
Shannon’s Law is ARS 13-3107, which makes it a Class 6 felony to discharge a firearm within the limits of a municipality, subject to statutory exceptions (for example, justified self-defense or controlled firing ranges). Prosecutors in Maricopa County often file this alongside disorderly conduct or endangerment if facts support additional charges under Title 13.
Venue depends on the charge level. Felonies (e.g., prohibited possessor under ARS 13-3102) are heard in Superior Court, such as Maricopa County Superior Court. Misdemeanors (e.g., certain restricted-place violations) are prosecuted in municipal or justice courts like Phoenix Municipal Court or Tempe Municipal Court. Initial appearances follow Arizona Rules of Criminal Procedure 4.1 and 7.2.
Speak with an Arizona weapons charges lawyer today
If you’re facing allegations under ARS 13-3102, 13-3105, 13-3107, or related statutes, early intervention can affect release conditions, charging, and negotiations. From Tempe to Bullhead City, we appear in Arizona courts daily and build defenses around the exact statute subsection and venue handling your case.
Call (480) 582-3637 or contact us online. Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Rating: 4.9/5 (150+ reviews). Website: https://oliversonlaw.com
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