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Weapons charges, also known as gun charges, are of special interest to Lisa, and she keeps on top of all the relevant state and federal laws. You may also want to read about Federal Felon in Possession and Federal Gun Charges which also discuss weapons crimes.

Click for a list of possible defenses.

A.R.S. § 13-3102 details fifteen different ways that a person may knowingly commit misconduct involving weapons:

  • Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation in the furtherance of a serious offense as defined in A.R.S. § 13-706, a violent crime as defined in A.R.S. § 13-901.03 or any other felony offense or failing to accurately answer a law enforcement officer if the officer asks whether the person is carrying a concealed deadly weapon; 


  • 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;

“Unlike some attorneys, I’m a staunch defender of the Second Amendment”

  Lisa Witt

  • Manufacturing, possessing, transporting, selling or transferring a prohibited weapon or by knowingly possessing dry ice with the intent to cause injury to or death of another person or cause damage to the property of another person;


  • Possessing a deadly weapon or prohibited weapon if person is a prohibited possessor;


  • Selling or transferring a deadly weapon to a prohibited possessor;


  • Defacing a deadly weapon;


  • Possessing a defaced deadly weapon knowing the deadly weapon was defaced;


  • Using or possessing a deadly weapon during the commission of any felony offense involving drugs;


  •  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;

  • Unless 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 or sponsor for temporary and secure storage:


  • Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; Possessing a deadly weapon on school grounds;

“I’m not afraid to attack the credibility of police officers.”  Lisa Witt

  • 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;


  • 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;


  • Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism 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; or


  • 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.


  • A.R.S. § 13-3102 (B) through (J) describes several exceptions to the charge of misconduct involving weapons.


The sentence for a misconduct involving weapons charge ranges from a Class 3 misdemeanor to a Class 2 felony (30 days in jail to 3 to 12.5 years in prison for a first time felony offender) depending on the particular section of A.R.S. § 13-3102 that was violated.  


Other possible weapons crimes are:

  • Misconduct involving explosives;

  • Depositing explosives;

  • Unlawful discharge of a firearm;

  • Sale or gift of a firearm to minor;

  • Misconduct involving a simulated explosive device;

  • Minors prohibited from carrying firearms;

  • Adjudicated delinquents possessing a firearm;

  • Misconduct involving body armor;

  • Selling or knowingly using or threatening to use a remote stun gun against a law enforcement officer while engaged in official duties;

  • Misconduct involving weapons in a secured area of an airport

Sentences for the above weapons crimes range from a petty offense for selling a remote stun gun to a Class 4 felony (1 to 3.75 years in prison for a first time felony offender) for depositing explosives.


A weapons crime conviction can result in jail or prison time as well as forfeiture of the weapon.  Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Conduct described is not a weapons crime:  The conduct described in the indictment may not fit the statutory definition of a weapons crime.


  • Statutory exceptions apply:  One of the statutory exceptions found in A.R.S. § 13-3102 (B)-(J) misconduct involving weapons, A.R.S. § 13-3107 (C) unlawful discharge of firearm, or A.R.S. § 13-3111(B) minors prohibited from carrying or possessing firearms applies.


  • Eyewitnesses:  You may have eyewitnesses who can testify about what happened.


  • Alibi:  You may have been working, out of state or with other people during the times alleged in the indictment.


  • Mistaken identity:  Someone else committed the weapons crime and you were mistakenly identified as the suspect.


  • Sentencing enhancements are inapplicable:  Sentencing enhancements such as dangerous offense, repetitive offense and/or crime committed while on probation do not necessarily apply just because the State claims that they do. 


  • Missing or corrupted evidence:  Sometimes the prosecution’s evidence is missing or tainted. 


  • Prosecution’s evidence should be suppressed:  The prosecution may have violated your constitutional rights or otherwise acted illegally in getting evidence or your confession.


  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same weapons crime. 


  • Insufficiency of prosecution’s evidence:  The prosecution may have insufficient evidence to prove a weapons crime beyond a reasonable doubt.


  • Police misconduct:  There may be police misconduct in investigating the weapons crime, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.


  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.


  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a weapons crime, it’s imperative to hire a thorough and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona weapons crimes defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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