Prohibited Possessors in Arizona
According to the U.S. Concealed Carry Association, Arizona is one of the most gun-friendly states in the country. However, the state does prohibit the right to possess firearms and other deadly weapons in certain situations.
Per A.R.S. 13-3101, a prohibited possessor of such weapons is any person who:
- Has been found to constitute a danger to themself or others, or to have a persistent, acute, or grave disability, whose right to possess a firearm has not been legally restored.
- Has been convicted of a felony and has not had their right to possess or carry a firearm restored.
- Is currently serving a term of imprisonment.
- Is currently serving a term of probation for a domestic violence offense, a felony offense, or is serving parole, community supervision, work furlough, house arrest, or release, probation, or parole and any other basis.
- Is an undocumented alien or a non-immigrant alien travelling with or without documentation for business, pleasure, or study, and who lives abroad. This does not apply to:
- Non-immigrant aliens with a valid and lawful U.S. hunting license or permit.
- Non-immigrant aliens who enter the U.S. to participate in competitive target shooting events, or to display firearms at a sports/hunting tradeshow sponsored by a local, state, or national firearms trade organization devoted to the competitive or sporting use of firearms.
- Certain diplomats.
- Foreign government officials or distinguished foreign visitors as designated by the U.S. Department of State.
- Individuals who have received a waiver from the U.S. Attorney General.
- Is found guilty except insane.
What Weapons are Prohibited for a Prohibited Possessor?
A.R.S. 13-3101 also defines the weapons that a prohibited possessor may not use. These weapons are:
- Explosive, incendiary, or poison gas devices such as bombs, grenades, mines, or rockets with a propellant charge of more than four ounces.
- A device intended to muffle the report of a firearm.
- A firearm capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
- A rifle with a barrel length of less than sixteen inches.
- A shotgun with a barrel length of less than eighteen inches.
- Any firearm made from a rifle or shotgun modified to an overall length of less than twenty-six inches.
- A breakable container containing flammable liquid with a flash point of 150 degrees Fahrenheit or less that has a wick or similar ignition device.
- A chemical or compound of chemicals, compounds, or materials, including dry ice, possessed or manufactured for the purpose of generating gas to cause mechanical failure or causing an explosion of the chemical or compound.
- An improvised explosive device.
- Any combination of parts/materials designed for making or converting a device to become an item from points 1, 7, or 9.
The statute excludes fireworks that comply with state or local laws, devices commercially manufactured for illumination, and propellants or propellant-activated industrial tools designed for that intended purpose.
Penalties for Being a Prohibited Possessor
Possessing a deadly or prohibited weapon if such person is a prohibited possessor is an offense of misconduct involving weapons. According to A.R.S. 13-3102, misconduct involving weapons while being a prohibited possessor is a class 4 felony. First time offenders can face incarceration of up to 3.75 years.
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