Weapon Misconduct

Misconduct Involving Weapons

Under A.R.S. § 13-3102, a person commits misconduct involving weapons by knowingly:

  1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
    1. In the furtherance of a serious offense as defined in § 13-706, a violent crime as defined in § 13-901.03 or any other felony offense; or
    2. When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon
  2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age
  3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person
  4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor
  5. Selling or transferring a deadly weapon to a prohibited possessor
  6. Defacing a deadly weapon
  7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced
  8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of the Arizona Revised Statutes
  9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise
  10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to § 13-3102.01
  11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon
  12. Possessing a deadly weapon on school grounds
  13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person
  14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony
  15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301
  16. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise

The classification and punishment associated with crimes of misconduct involving weapons very depending on the circumstances of the crime. Misconduct involving weapons under #15, as listed above, is a class 2 felony. Misconduct involving weapons under #9, #14 or #16 is a class 3 felony. Misconduct involving weapons under #3, #4, #8 or #13 is a class 4 felony. Misconduct involving weapons under #12 is typically a class 1 misdemeanor but can be a class 6 felony under certain circumstances. Misconduct involving weapons under #1 (a), #5, #6 or #7 is a class 6 felony. Misconduct involving weapons under #1(b), #10 or #11 is a class 1 misdemeanor. Misconduct involving weapons under #2 of this section is a class 3 misdemeanor.
Sentencing for any class of felony varies greatly depending on the circumstances of the crime and the criminal history of the Defendant. A class 1 misdemeanor has a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation. A class 3 misdemeanor carries a maximum sentence of 30 days in jail, up to $500 in fines before surcharges, and up to one year of probation.

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