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Taylor Law Group
WEAPONS & PROHIBITED POSSESSOR DEFENSE

Weapons and Prohibited Possessor Defense in Tucson

Arizona has permissive gun laws, but prohibited possessor charges carry serious felony penalties. If you are charged with unlawful weapon possession, you need an experienced defense.

A.R.S. § 13-3102

Understanding the Charge

Under A.R.S. 13-3102, it is illegal for a prohibited possessor to possess a firearm. Prohibited possessors include individuals convicted of a felony, those found to constitute a danger to themselves or others by a court, and individuals serving a term of probation for a domestic violence conviction. Misconduct involving weapons also covers carrying a deadly weapon into certain prohibited places such as polling places, school grounds, and government buildings.

Prohibited possessor charges are Class 4 felonies carrying a presumptive sentence of 2.5 years in prison. These charges often arise during traffic stops, searches incident to arrest, or compliance checks by probation officers. In some cases, the defendant may not have been aware that their prior conviction made them a prohibited possessor, or the firearm may have belonged to someone else in the household.

Potential Penalties

Prohibited Possessor (Class 4 Felony)1.5 to 3.75 years prison (presumptive 2.5 years)
Misconduct Involving Weapons (Class 6 Felony)4 months to 2 years prison for carrying in prohibited place
Aggravated Weapons OffenseFelony enhancement for use of weapon during commission of another crime

How Doug Defends

  • Challenging the search that led to discovery of the weapon, particularly in cases involving traffic stops or warrantless searches
  • Arguing that the defendant's rights had been restored following a prior felony conviction, making them no longer a prohibited possessor
  • Challenging constructive possession when the weapon was found in a shared space and belonged to another person

Doug Taylor understands the intersection of Arizona's permissive gun laws and the strict prohibitions that apply to certain individuals. He evaluates whether the weapon was lawfully discovered, whether the prohibited possessor designation properly applies, and whether there are viable defenses to the charge.

Douglas W. Taylor, Sr.Former Pima County Justice Court Judge

Facing Weapons Charges in Tucson?

Prohibited possessor charges are serious felonies. Call a former judge for a defense consultation.

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