A.R.S. 13-3102 defines “Misconduct Involving Weapons” as a serious violation often charged as a felony offense for unauthorized possession of a lethal weapon. Charges for Misconduct Involving a Weapon (or MIW) come in 17 distinct varieties, but the most common violation of this statute occurs when a “prohibited possessor” is in possession of a lethal weapon. If found guilty of this particular offense, which is a class 4 felony, a Defendant faces a potential prison sentence.

A.R.S. § 13-3102 Defined

The vast variety of situations in which it is unlawful for someone to possess a lethal weapon is covered under Arizona’s Misconduct involving Weapons laws. Despite the fact that being a “prohibited possessor” is one of the most common MIW violations charged, Arizona law goes well beyond simply making only this circumstance illegal.

According to Paragraph A of ARS 13-3102, where each MIW charge is codified, and Paragraph M, which codifies the level of offense for each infraction, the following list outlines the various MIW charges and their corresponding levels of criminal offense.

According to ARS 13-3102, it is illegal to possess a deadly weapon while knowingly:

(A)(1)(a): Carrying a deadly weapon in furtherance of committing a serious offense. Class 6 felony.

(A)(1)(b): Lying to a police officer about having a deadly weapon. Class 1 misdemeanor.

(A)(2): Carrying a deadly weapon if you are under 21. Class 3 misdemeanor.

(A)(3): Manufacturing, possessing, or transporting a prohibited weapon. Class 4 felony.

(A)(4): Possessing a deadly weapon if you are a prohibited possessor. Class 4 felony.

(A)(5): Giving a deadly weapon to a prohibited possessor. Class 6 felony.

(A)(6): Defacing a deadly weapon. Class 6 felony.

(A)(7): Possessing a defaced weapon. Class 6 felony.

(A)(8): Using a deadly weapon in a drug offense. Class 4 felony.

(A)(9): Firing a weapon at an occupied structure in furtherance of gang activity. Class 3 felony.

(A)(10): Refusing to remove your weapon in a public establishment when asked to do so. Class 1 misdemeanor.

(A)(11): Possessing a deadly weapon at a polling place. Class 1 misdemeanor.

(A)(12): Possessing a deadly weapon on school grounds. Class 1 misdemeanor or class 6 felony.

(A)(13): Possessing a deadly weapon at a nuclear or hydroelectric plant. Class 4 felony.

(A)(14): Giving a deadly weapon to another person so they can commit a felony. Class 3 felony.

(A)(15): Possessing a deadly weapon to commit an act of terrorism. Class 2 felony.

(A)(16): Trafficking in a deadly weapon to assist a criminal street gang. Class 3 felony.

What Counts as a “Deadly Weapon” According to A.R.S. 13-3102?

When examining the Misconduct Involving Weapons statute, it is crucial to comprehend what is meant by “deadly weapon” since every provision of the law requires the state to establish that the weapon in question is indeed “deadly.” A “deadly weapon,” according to ARS 13-105(15), is “anything designed for fatal use, including a firearm.”

A “deadly weapon” is different from a “dangerous instrument,” which is another term you will frequently find mentioned in criminal legislation. According to ARS 13-105(12), a Dangerous Instrument is “anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.” This includes a much wider variety of objects and can include objects such as a brick, for instance, which, when used as a weapon, has the potential to kill or cause significant injury, despite the fact that a brick is not created for that purpose. In contrast, a gun is made to be a weapon. Only “deadly weapons” are covered under the MIW law.

A firearm is one deadly weapon that is specifically mentioned. According to ARS 13-105(19), a “firearm” is defined as “any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. This is the scientific concept which allows guns to shoot bullets when the trigger is pulled as opposed to something like a crossbow where the arrow flies through the air because of the release of tension from a string.

Who is considered a “Prohibited Possessor”?

According to ARS 13-105(35), “possession” is defined as “a voluntary act if the defendant knowingly exercised dominion or control over property.” This is not to be confused with ownership. Although many people may think that they cannot be charged with Misconduct Involving Weapons if they did not own the gun that police found, ownership is not required to prove a violation of the law. Only knowing possession is required.

“Prohibited Weapons” – what are they?

Anyone who owns a “prohibited weapon” is breaking the law, according to ARS 13-3102(A)(3). In other words, even if you are not a convicted criminal, it is unlawful to simply own certain types of weapons in Arizona.

According ARS 13-3101(8), Weapons which are prohibited in Arizona are:

A bomb, grenade, or rocket.

A silencer.

A fully automatic firearm.

A short-barrel or “sawed-off” rifle or shotgun.

A Molotov cocktail.

Chemicals designed to cause mechanical failure, including Dry ice rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.

An improvised explosive device (IED).

Possession of any combination of objects necessary to manufacture a bomb, Molotov cocktail, or IED.

The following items are not prohibited weapons:

Fireworks.

Propellant, propellant actuated devices or propellant actuated industrial tools

Any device manufactured primarily for illumination.

How Would “Defacing” a Deadly Weapon Work?

Defacement, according to ARS 13-3101(2), is defined as “removal, alteration, or destruction of the manufacturer’s serial number.” Because the serial number is a unique number which law enforcement uses to identify the owner of a firearm, removing, altering, or destroying it is against the law. A defaced gun is more difficult to track, making it easier to employ during a crime. As a result, Arizona outlaws the act of intentionally damaging a firearm’s serial number.

Penalties for Weapons-related Misconduct

The consequences for a conviction for Misconduct Involving Weapons vary based on a variety of variables. The MIW statute is divided into 17 separate subsections, each of which describes a particular MIW offense and is categorized as a different category of offence. The class 3 felony charges for MIW carry the most severe consequence and the class 3 misdemeanor carries the least serious MIW consequence.

Each class of felony and misdemeanor carries a range of potential penalties. 

Here is the range of potential penalties for even a first-time felony offense:

Class 3 felony: 2 to 8.75 years in prison

Class 4 felony: 1 to 3.75

Class 5 felony: .5 to 2.5

Class 6 felony: .33 to 2

The potential prison terms if convicted of a second historical previous felony are as follows:

Class 3 felony: 3.25 to 16.25 years

Class 4 felony: 2.25 to 7.5

Class 5 felony: 1 to 3.75

Class 6 felony: .75 to 2.75

The ranges rise much more for a third-time historical felony conviction:

Class 3 felony: 7.5 to 25 years

Class 4 felony: 6 to 15

Class 5 felony: 2.25 to 5.75

Class 6 felony: 1 to 3.75

Here are the possible jail sentences if the Misconduct Involving Weapons offense is classified as a misdemeanor:

Class 1 misdemeanor: Up to 6 months in jail

Class 2 misdemeanor: Up to 4 months in jail

Class 3 misdemeanor: Up to 30 days in jail.

Probation may also be an option for first-time felons as well as misdemeanor offenders. Aside from the court-imposed requirements to complete court-ordered treatment or education programs, all possible penalties may also include substantial fines and court fees.

What you can do if charged with Misconduct Involving Weapons:

Having a skilled Phoenix defense attorney on your side can make all the difference if you have been accused of Misconduct Involving a Weapon under ARS 13-3102. We will thoroughly examine your case and scrutinize the facts alleged against you in order to develop a defense strategy that will offer you the best chance of winning. We will serve you as if you are our only customer. We will thoroughly explain the accusations you are facing, respond to any of your inquiries, and consistently keep you updated on the status of your case.

Although facing criminal accusations might be terrifying, there is always hope. We can talk to you right away about your circumstance and even provide a free initial consultation.

To schedule an appointment, do not hesitate to call Rising Phoenix Law Group, PLLC at (888) 912-5617 or fill out our contact form. We will respond to you promptly to help you with your case.