Misconduct Involving Weapons FAQs

Misconduct involving weapons is a crime that restricts what lawful owners of firearms can do with their weapons. For example, under Arizona Revised Statutes § 13-3102, it is against the law to possess a firearm in any of the following situations:

• In a car, if the weapon was used to commit a serious offense;
• If the firearm has been defaced;
• If you have a prior felony conviction;
• While on school grounds; and
• While at a place where people vote.

These are just a few of the ways someone can violate the Arizona weapons misconduct statute; there are several others. For example, discharging a gun in a public place to assist, promote or further the interests of a gang is also considered weapons misconduct. Those with questions about how the law applies in their case should reach out to an attorney experienced in handling weapons charges to learn more.

It depends. Misconduct involving weapons can be either a misdemeanor or a felony, depending on the situation. For example, if you are prohibited from possessing a firearm because of a prior felony conviction, the offense is a Class 3 felony. However, if you sell a firearm to someone who is a prohibited possessor, the offense is a Class 6 felony. There are a few situations where weapons misconduct is a misdemeanor, including:

• Someone under 21 carries a firearm in a motor vehicle;
• Possessing a gun at an election polling place;
• Possessing a gun on school grounds; and
• Refusing the reasonable request of a business owner to temporarily secure the weapon in their possession.

Yes, there are numerous exceptions and defenses to the Arizona weapons misconduct law. For example, minors under the age of 21 cannot carry a concealed firearm in public; however, they are not prohibited from doing so in their own home. Similarly, it is not against the law to leave an unloaded firearm in your vehicle while parked on school grounds, provided it is not visible. There are also exceptions that generally apply to law enforcement officers, correctional officers, and members of the United States military. Finally, possessing a defaced firearm is not illegal if you come into possession “by operation of law,” such as through inheritance.