Gilbert Gun Crime Attorney
If someone commits a gun violation in Arizona, they could be ordered to spend a significant amount of time in jail, pay hefty fines, and face other serious ramifications that come with having a criminal record. Depending on your charge, it may be possible to seek a lesser charge or even a full dismissal of your charges in certain situations. However, to fully explore the options available to you, it is imperative that you get in touch with the hardworking defense attorneys at Grand Canyon Law Group. They have a significant amount of experience working as criminal prosecutors and will know the best way to handle your case. To begin discussing your case in detail, get in touch with a Gilbert gun lawyer today. Doing so could have a significant impact on your ability to obtain a favorable result.
For a free legal consultation with a gun crime lawyer serving Gilbert, call 480-400-5555
GUN CARRYING LAWS
Guns are categorized as deadly weapons under Arizona Revised Statutes § 13-105(15), so there are rules for who can carry or conceal carry a firearm. Under most gun-carrying laws, a person is considered “in possession” of a firearm if it is carried on their person or if it is in “their immediate area of control.” That typically means that if a gun is within arm’s reach, and the gun owner could suddenly take physical possession of the firearm, in effect it is in their possession.
Gun owners can, unless a specific exception applies to their circumstances, carry a concealed firearm without a permit and own guns without registering them with the state, per A.R.S. § 13-3108. Gun owners cannot, however:
- Carry a concealed firearm if they are under the age of 21, unless they are at home or they are carrying their gun in a holster that is at least partially visible
- Carry a concealed firearm if they have been convicted of a felony, a domestic violence misdemeanor, or have been deemed mentally incompetent
- Bring a deadly weapon onto school grounds or certain government buildings
- Lie if a law enforcement officer asks if they have a concealed gun in their possession
- Carry without a permit from the Department of Public Safety if they are in an establishment that sells liquor
If you are in any of these situations in Gilbert that involve strict gun laws, it should necessitate you calling us immediately to begin representing you.
Arizona gun laws generally provide more freedom than most other states, but in the interest of public safety, there are some limits to who can access firearms and how they can be used. Using a gun to commit a violent crime is also an aggravating factor that increases penalties for an underlying crime.
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PENALTIES FOR VIOLATING GUN POSSESSION LAWS
Most crimes related to the unlawful possession of a firearm are classified as “misconduct involving a weapon” under A.R.S. § 13-3102. It is a Class 6 felony for a minor to break age-restricted carrying laws, or for a person to carry a firearm onto school grounds in furtherance of certain other crimes, such as conducting drug sales with minors.
Under A.R.S. § 13-702 and A.R.S. § 13-703 Class 6 felonies are punishable by three to 24 months in prison for first-time offenders and punishable by nine months to 5 years and nine months for repeat offenders, based on the number of prior convictions they have.
It is a Class 2 felony to use, possess, or sell a gun to assist in a terrorist activity, punishable by three to 12.5 years of incarceration for first-time offenders and from 4.5 to 23 years for repeat offenders.
In addition to these prison sentences, people convicted of firearm-related felonies can be fined up to $150,000, plus additional fees and surcharges, per A.R.S. § 13-801.
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GUN SALE AND TRANSFER LAWS
State gun laws provide some regulations for the purchase and sale of firearms, but in general, private sellers and buyers here have many more liberties when it comes to gun transfers than in most states.
Buyers must be at least 21 years old to get a firearm from a federally licensed dealer or must be at least 18 years old to purchase from a private dealer. To sell a gun, the firearm cannot be defaced or illegally modified, per A.R.S. § 13-3102. A seller cannot provide a firearm to a “prohibited carrier” as listed above. A seller cannot provide a firearm to someone knowing that their purpose for the purchase is to commit a felony.
In a private gun sale, merchants are not required to run background checks. Purchases do not need to have a permit to carry and do not have to register the weapon. Anyone of appropriate age and not otherwise restricted by any legal expectations can be a private seller or buyer.
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PENALTIES FOR GUN SALE CRIMES IN GILBERT
It is a Class 4 felony to manufacture, possess, purchase, or sell a prohibited weapon, to possess a firearm as a prohibited person, or to use a gun during the commission of any felony. Class 4 felonies are punishable by one year to three years and nine months for first-time offenders, and from 2.25 to 15 years based on the number of prior convictions of a repeat offender.
It is a Class 3 felony to knowingly supply someone with a gun to further another felony action, or to sell deadly weapons to assist and support criminal gangs. Class 3 felonies are punishable by 3.25 to 8.75 years in prison for a first-time offender, and from 3.25 to 25 years for repeat offenders.
Violating gun laws in Gilbert can result in harsh penalties, but our experienced criminal defense attorneys are committed to protecting your personal liberties. Reach out to Grand Canyon Law Group TODAY to begin discussing your claim.
LEGAL CONSEQUENCES OF A GILBERT GUN CHARGE
The legal consequences for a particular gun charge will depend on the type of offense involved, whether it is categorized as a misdemeanor or felony, as well as the class of the alleged misdemeanor or felony act. Arizona Revised Statutes § 13-3102 outlines many of the gun-related offenses adjudicated in the state’s criminal courts, including the places where someone cannot take a gun.
For example, this statute explicitly forbids you from taking a deadly weapon into an election polling location, a nuclear plant, or onto school property. Two possible exceptions would be if you have a carry license for a legally authorized firearm or you are a law enforcement officer. If someone takes a gun onto school property or polling location, you can be charged with a Class 1 misdemeanor, which carries a jail sentence up to six months, plus a $2,500 fine. On the other hand, taking a gun onto a nuclear plant unless you are lawfully permitted to do so can lead to Class 4 felony charges. A Class 4 felony is prosecutable by two years and six months’ incarceration, but up to 3.75 years in jail if aggravating factors are present.
Other common gun charges include supplying a gun to someone knowing that they will use the weapon to carry out a felony crime, possessing a gun with a silencer, or illegally firing a gun. The illegal firing of a gun, as defined under A.R.S. § 13-3107, is a Class 6 felony. The typical punishment for this particular class of felony is 12 months in jail, but the period of incarceration could extend to 24 months if aggravating factors are present.
AGGRAVATING CIRCUMSTANCES THAT CAN IMPACT THE OUTCOME OF A GUN CHARGE IN GILBERT
There are a great many factors that can impact the final sentence for a gun charge. The attorneys at Grand Canyon Law Group understand the various mitigating and aggravating circumstances that could lessen or increase the punishment for a particular local gun charge and therefore inform the most effective defense to be used. If you were convicted of a felony in the decade preceding the conviction for the current gun offense, you will typically face an aggravated sentence. Other aggravating circumstances that could enhance the penalties for a gun charge are when someone is seriously injured or killed during the committal of the offense, or if it can be shown that you purposefully caused injury or death.
SPEAK WITH A GILBERT GUN ATTORNEY
The Gilbert gun lawyers at Grand Canyon Law Group understand just how much is on the line if you are facing firearms-related charges. It is critical to have a knowledgeable and experienced legal advocate from day one of your case. Our attorneys at Grand Canyon Law Group have the experience and skill necessary to see your case resolve in a positive manner.
To discuss the next steps for building your defense with an attorney, give our office a call today.
Call or text 480-400-5555 or complete a Free Case Evaluation form