Misconduct Involving Weapons: ARS 13-3102
Learn about what weapon misconduct means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
Misconduct involving a weapon is considered very serious in Arizona and is covered in 13-3102 of Arizona Revised Statutes. People typically envision firearms when they hear about this crime.
Although many instances do involve guns, an individual may be charged with misconduct involving a weapon if they traffic explosives for a gang or enter a hydroelectric generating station with a weapon. Defacing weapons and using a sawed off shotgun could also qualify. Let’s look at some more examples of this crime.
Examples of Misconduct Involving a Weapon
A lot of the time, misconduct that involves a weapon is charged to an individual who knowingly brings a deadly weapon into a courthouse, airport, or other restricted area. Here are a few different scenarios that could result in this charge:
Carrying on Transportation
Carrying a concealed, deadly weapon on transportation or within one’s immediate control can lead to this charge. This does not include a pocket knife. In addition, carrying a weapon to commit a violent crime or to further a serious offense could be considered misconduct involving a weapon.
Not Responding to an Officer
Misconduct involving a firearm may include other felony offenses and might be charged if someone doesn’t respond to a law enforcement official when asked if they have a concealed weapon. In addition, they may be charged if they are younger than 21 and carrying a concealed weapon.
Providing or Selling
An individual may be charged with this crime if they are found to have been providing, supplying, or selling the gun to someone else planning to commit a felony.
Manufacturing or Transporting
An individual is committing misconduct involving a weapon if they are manufacturing, transferring, selling, transporting, or possessing a prohibited weapon. Knowingly possessing dry ice for the purpose of causing death or injury to someone else or their property could also qualify.
Defacing Deadly Weapons
It’s illegal to deface a deadly weapon or possess one with the knowledge that it has been defaced. Removing the serial number is one example of defacing a weapon.
Prohibited Possessors
It’s illegal to possess a prohibited or deadly weapon if you have been named a prohibited possessor. On a similar note, it’s illegal to transfer or sell such an item to someone who is a prohibited possessor.
Failing to Remove the Weapon
Entering a public event or entering a public establishment and continuing to carry the deadly weapon after being reasonably requested to hand it over is covered under this statute. This includes carrying a deadly weapon into an election polling area.
Previous Felony Charges
Previous charges might also lead to violating 13-3102. If the person has been convicted of a felony and prohibited from weapon ownership previously, they can get charged if they are caught with one.
The Most Serious Offenses
But the most serious charge in this area is discharging a gun in a heavily occupied area or to further the activities or goals of a gang. Using the weapon to commit an act of terrorism is also considered more serious than other misconduct crimes.
Terrorism is legally defined as “The unlawful use of force or violence against persons or property in order to intimidate a government or the civilian population in furtherance of political or social objectives.”
Racketeering an enterprise is also among the most serious crimes in this category. Using a weapon for this purpose could lead to being charged with misconduct involving a weapon. Racketeering is defined as extorting or obtaining money illegally. It also involves unlawful business activities and organized crime.
Punishment for Violating 13-3102
If someone is charged with misconduct involving a gun, punishment can range from light to a hefty prison sentence. If there is suspicion of terrorism, the charge is labeled a class 2 felony that may come with probation and a year in jail, or prison for between three and 12.5 years.
A Prior Conviction
If the person who committed the crime did so with a prior conviction, they will be serving prison time between around four and 23 years. If they have two prior convictions, they could be looking at between around 10 and 35 years.
Class 3 Felony
The offender could end up with a class 3 felony if they committed a walk-by shooting at a place occupied by people. This crime can involve probation with no jail time to a year of time in jail, and a term in prison between two and nearly nine years. This sentence goes up to between 3.5 and around 16 years if the person had a former conviction. With two, it could result in between about seven and 25 years.
Class 4 Felony
This crime can result in a class 4 felony in Arizona if it involved manufacturing or selling weapons. The sentence would be probation and between zero days and a full year in jail, and prison time between one and nearly four years. For a prohibited possessor, however, the crime comes with about two to seven years of prison time. And for an accused person who has two priors, between six and 15 years.
Class 6 Felony
Having a sawed off gun is considered a class 6 felony and can result in probation with no time served to a year in jail and four months to a couple years in prison. If there’s a public establishment or event involved in the crime, it’s a class 1 misdemeanor with a $2500 fine and up to six months in jail.
Need help with a Misconduct Involving a Weapon charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
To learn more about threatening and intimidating and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website to learn more.