Arizona allows many people to legally own and carry firearms. But that does not mean everyone can legally have a gun, that guns are allowed everywhere, or that every type of weapon is legal.
When it comes to gun possession laws in Arizona, three questions are especially important:
Who has the gun? Where do they have it? What type of weapon is it?
Understanding those three areas can help make Arizona’s gun possession laws easier to follow.
1. Who Cannot Legally Possess a Gun in Arizona?
The first question is whether the person is legally allowed to have a firearm.
Arizona uses the legal term “prohibited possessor” for someone who is prohibited from possessing certain weapons.
Under A.R.S. § 13-3101, several circumstances can make someone a prohibited possessor. These can include:
- Having a felony conviction without having firearm rights restored
- Serving probation for certain offenses
- Being on parole or community supervision
- Being on home arrest, work furlough, or certain other forms of release
- Other circumstances listed under Arizona law
This is important because someone does not necessarily have to use or threaten someone with a gun to face a weapons charge. Possessing a firearm when you are legally prohibited from doing so can itself create a legal problem.
What Does “Possession” Mean?
Most people hear “gun possession” and picture someone holding or carrying a firearm. Legally, it can be more complicated.
Questions about who actually possessed or controlled a firearm can matter, especially when it is found in a shared space.
For example, if police find a gun in a vehicle with several people inside, there may be questions about who actually possessed it. The location of the gun, who had access to it, and other facts surrounding the situation can all become important.
Can a Felony Affect Your Gun Rights?
Yes. A past felony conviction can affect your ability to legally possess a firearm in Arizona.
Under Arizona’s definition of a prohibited possessor, a person convicted of a felony can be prohibited from possessing or carrying a firearm if that right has not been restored.
Arizona does provide a process for some people to seek restoration of firearm rights. A.R.S. § 13-910 covers firearm-rights restoration after certain convictions.
Eligibility depends on the conviction and individual circumstances. The main thing to understand is that finishing a sentence does not necessarily restore your firearm rights.
What About Probation or Parole?
Current supervision can also affect whether someone can legally possess a firearm.
A.R.S. § 13-3101 includes certain people serving probation for a felony or domestic violence offense, as well as people on parole, community supervision, work furlough, home arrest, or certain other forms of release.
Because the rules depend on the person’s situation, it is important to understand the restrictions that apply during and after a criminal case.
Not sure how Arizona’s prohibited possessor laws apply to your situation? A weapons charge can depend on your criminal history, supervision status, and the specific facts involved. Talk with our team about your situation and what may come next.
2. Where Is Gun Possession Restricted in Arizona?
The second question is where the firearm is being carried or possessed.
A person may generally be allowed to own a gun but still face restrictions in certain locations.
Arizona’s misconduct involving weapons law, A.R.S. § 13-3102, addresses weapons in several places and situations. These can include certain circumstances involving:
- School grounds
- Election polling places on Election Day
- Public establishments
- Public events
Rules and exceptions vary by location.
An easy way to think about it is that there are two separate questions:
Are you legally allowed to have the gun?
Are you legally allowed to have it in this location?
Answering “yes” to the first question does not automatically mean the answer to the second is also yes.
Can You Have a Gun on School Grounds in Arizona?
Arizona generally restricts possessing a deadly weapon on school grounds. However, exceptions and defenses apply in certain circumstances.
The school-related restrictions and exceptions are included in A.R.S. § 13-3102.
That means the specific facts matter. Where the firearm was, why it was there, and whether an exception applies can all be relevant.
What About Public Buildings and Events?
Arizona also has rules for weapons at certain public establishments and public events.
For example, A.R.S. § 13-3102 addresses carrying a deadly weapon into a public establishment or attending a public event after a reasonable request has been made to remove the weapon and place it in temporary secure storage.
The takeaway is fairly simple: being legally allowed to own a firearm does not mean you can carry it everywhere.
3. What Types of Weapons Are Prohibited in Arizona?
The third question is about the weapon itself.
Arizona law uses the term “prohibited weapon” for specific weapons and devices regulated under state law.
A.R.S. § 13-3101 provides the full legal definition. The law covers several specifically defined types of weapons and devices and also contains important exceptions.
Because those definitions can get technical, whether a particular weapon falls into a prohibited category can depend on its features and legal status.
What Is a Prohibited Weapon?
Arizona’s definition includes several different categories of weapons and devices. Rather than relying on how a weapon looks or what someone calls it, the specific legal definition matters.
Arizona’s misconduct involving weapons law makes it an offense to knowingly manufacture, possess, transport, sell, or transfer certain prohibited weapons.
The word “knowingly” is part of the law. That means what a person knew about the weapon can also become relevant to a case.
What Is a Defaced Firearm?
A defaced firearm is a firearm with identifying information removed or changed.
More specifically, A.R.S. § 13-3101 defines “deface” as removing, altering, or destroying a manufacturer’s serial number.
Arizona’s misconduct involving weapons law also addresses knowingly possessing a defaced deadly weapon.
So, even when someone could otherwise legally possess a firearm, the condition of that firearm can create a separate legal issue.
Have Questions About a Weapons Charge? Tell us a little about your situation and a member of our team can follow up with you.
FAQs About Gun Possession Laws in Arizona
What Is Illegal Gun Possession in Arizona?
There is not just one type of illegal gun possession.
Depending on the situation, a person could potentially face a weapons charge because they are prohibited from having the firearm, they have it somewhere it is restricted, or the weapon itself is prohibited.
Many of these offenses fall under Arizona’s misconduct involving weapons law. If you are facing a gun possession charge and have questions about how these laws may apply to your situation, contact our team to discuss your legal options.
What Is a Prohibited Possessor in Arizona?
“Prohibited possessor” is a legal term for someone who is prohibited from possessing certain weapons under Arizona law.
One example is a person with a felony conviction whose firearm rights have not been restored, but there are other categories. The full definition can be found in A.R.S. § 13-3101.
Can a Felon Have a Gun in Arizona?
A felony conviction can make someone a prohibited possessor if their right to possess or carry a firearm has not been restored.
Some people may be eligible to restore their firearm rights. A.R.S. § 13-910 explains Arizona’s firearm-rights restoration process.
Whether someone qualifies depends on the conviction and their individual circumstances.
Questions About Your Gun Possession Charge? Arizona gun possession laws can depend on your criminal history and the specific circumstances of the charge. If you have questions about your situation, contact our team.
Can You Have a Gun in Your Car in Arizona?
For someone who can legally possess a firearm, having a gun in a vehicle is not automatically illegal in Arizona.
However, other rules can apply depending on the person’s age, whether they are a prohibited possessor, where the vehicle is located, and other circumstances.
Arizona also has specific rules involving firearm possession by minors under A.R.S. § 13-3111.
Do You Need a Permit to Possess a Gun in Arizona?
Arizona does not generally require a state permit simply to possess a firearm.
That does not mean everyone can legally possess one or that firearms are allowed everywhere. Laws involving prohibited possessors, prohibited weapons, age restrictions, and restricted locations can still apply.
Arizona also has a separate concealed weapons permit system under A.R.S. § 13-3112.
Facing a Gun Possession Charge in Arizona?
Gun possession cases are not always as simple as whether a firearm was found.
Who had the gun, where it was found, whether that person could legally possess it, and the type and condition of the weapon can all matter.
If you are facing a weapons charge, you may have questions about what the charge means and what happens next.
Antol & Hutter help clients in Flagstaff and throughout Northern Arizona understand criminal charges and the legal process ahead. If you are facing a gun possession or weapons charge, talk with our team about your situation and legal options.