Arizona criminal charge
Misconduct involving weapons in Arizona
Current through 2026 Arizona legislative session
Misconduct involving weapons is a criminal offense under Arizona law, defined by A.R.S. § 13-3102. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3102.
What is the penalty for misconduct involving weapons in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (Weapon in furtherance of terrorism — Applies when the offense is committed under A.15, using or possessing a deadly weapon in furtherance of terrorism.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Weapon in furtherance of terrorism — Applies when the offense is committed under A.15, using or possessing a deadly weapon in furtherance of terrorism.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 2.5 years to 7 years (Gang/street gang related discharge, supplying firearm, or trafficking in weapons — Applies to offenses under A.9 (discharging firearm at occupied structure for gang/syndicate/racketeering), A.14 (supplying firearm knowing it will be used in a felony), or A.16 (trafficking weapons/explosives for gang/syndicate/racketeering benefit).; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Gang/street gang related discharge, supplying firearm, or trafficking in weapons — Applies to offenses under A.9 (discharging firearm at occupied structure for gang/syndicate/racketeering), A.14 (supplying firearm knowing it will be used in a felony), or A.16 (trafficking weapons/explosives for gang/syndicate/racketeering benefit).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Prohibited weapon, prohibited possessor, felony weapon use, or nuclear station entry — Applies to offenses under A.3 (prohibited weapons), A.4 (prohibited possessor with deadly/prohibited weapon), A.8 (using/possessing deadly weapon during chapter 34 felony), or A.13 (carrying deadly weapon into nuclear/hydroelectric station).; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Prohibited weapon, prohibited possessor, felony weapon use, or nuclear station entry — Applies to offenses under A.3 (prohibited weapons), A.4 (prohibited possessor with deadly/prohibited weapon), A.8 (using/possessing deadly weapon during chapter 34 felony), or A.13 (carrying deadly weapon into nuclear/hydroelectric station).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Weapon on school grounds - base offense — Applies to possessing a deadly weapon on school grounds under A.12, unless connected to other specified offenses.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Weapon on school grounds - base offense — Applies to possessing a deadly weapon on school grounds under A.12, unless connected to other specified offenses.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Weapon on school grounds - aggravated by related offense — Applies when the school-grounds weapon violation under A.12 occurs in connection with conduct violating specified statutes (13-2308(A)(5), 13-2312(C), 13-3409, or 13-3411).; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Weapon on school grounds - aggravated by related offense — Applies when the school-grounds weapon violation under A.12 occurs in connection with conduct violating specified statutes (13-2308(A)(5), 13-2312(C), 13-3409, or 13-3411).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Concealed weapon in furtherance of serious/violent/felony offense, selling to prohibited possessor, defacing, or possessing defaced weapon — Applies to offenses under A.1(a) (concealed weapon in furtherance of a serious, violent, or felony offense), A.5 (selling/transferring deadly weapon to prohibited possessor), A.6 (defacing a deadly weapon), or A.7 (possessing a defaced deadly weapon knowingly).; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Concealed weapon in furtherance of serious/violent/felony offense, selling to prohibited possessor, defacing, or possessing defaced weapon — Applies to offenses under A.1(a) (concealed weapon in furtherance of a serious, violent, or felony offense), A.5 (selling/transferring deadly weapon to prohibited possessor), A.6 (defacing a deadly weapon), or A.7 (possessing a defaced deadly weapon knowingly).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Failure to disclose concealed weapon, weapon in public establishment/event, or polling place entry — Applies to offenses under A.1(b) (failing to accurately answer officer about concealed weapon), A.10 (carrying weapon into public establishment/event after request to store it), or A.11 (carrying weapon into election polling place).; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Failure to disclose concealed weapon, weapon in public establishment/event, or polling place entry — Applies to offenses under A.1(b) (failing to accurately answer officer about concealed weapon), A.10 (carrying weapon into public establishment/event after request to store it), or A.11 (carrying weapon into election polling place).; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 30 days (Concealed weapon by person under 21 — Applies to offenses under A.2, carrying a concealed deadly weapon by a person under twenty-one years of age.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Concealed weapon by person under 21 — Applies to offenses under A.2, carrying a concealed deadly weapon by a person under twenty-one years of age.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
How is misconduct involving weapons classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Weapon in furtherance of terrorism | Class 2 Felony | Applies when the offense is committed under A.15, using or possessing a deadly weapon in furtherance of terrorism. | A.R.S. § 13-3102M |
| Gang/street gang related discharge, supplying firearm, or trafficking in weapons | Class 3 Felony | Applies to offenses under A.9 (discharging firearm at occupied structure for gang/syndicate/racketeering), A.14 (supplying firearm knowing it will be used in a felony), or A.16 (trafficking weapons/explosives for gang/syndicate/racketeering benefit). | A.R.S. § 13-3102M |
| Prohibited weapon, prohibited possessor, felony weapon use, or nuclear station entry | Class 4 Felony | Applies to offenses under A.3 (prohibited weapons), A.4 (prohibited possessor with deadly/prohibited weapon), A.8 (using/possessing deadly weapon during chapter 34 felony), or A.13 (carrying deadly weapon into nuclear/hydroelectric station). | A.R.S. § 13-3102M |
| Weapon on school grounds - base offense | Class 1 Misdemeanor | Applies to possessing a deadly weapon on school grounds under A.12, unless connected to other specified offenses. | A.R.S. § 13-3102M |
| Weapon on school grounds - aggravated by related offense | Class 6 Felony | Applies when the school-grounds weapon violation under A.12 occurs in connection with conduct violating specified statutes (13-2308(A)(5), 13-2312(C), 13-3409, or 13-3411). | A.R.S. § 13-3102M |
| Concealed weapon in furtherance of serious/violent/felony offense, selling to prohibited possessor, defacing, or possessing defaced weapon | Class 6 Felony | Applies to offenses under A.1(a) (concealed weapon in furtherance of a serious, violent, or felony offense), A.5 (selling/transferring deadly weapon to prohibited possessor), A.6 (defacing a deadly weapon), or A.7 (possessing a defaced deadly weapon knowingly). | A.R.S. § 13-3102M |
| Failure to disclose concealed weapon, weapon in public establishment/event, or polling place entry | Class 1 Misdemeanor | Applies to offenses under A.1(b) (failing to accurately answer officer about concealed weapon), A.10 (carrying weapon into public establishment/event after request to store it), or A.11 (carrying weapon into election polling place). | A.R.S. § 13-3102M |
| Concealed weapon by person under 21 | Class 3 Misdemeanor | Applies to offenses under A.2, carrying a concealed deadly weapon by a person under twenty-one years of age. | A.R.S. § 13-3102M |
Common questions about misconduct involving weapons in Arizona
Is misconduct involving weapons a felony or a misdemeanor in Arizona?
It depends on the circumstances: misconduct involving weapons ranges from a Class 3 Misdemeanor to a Class 2 Felony in Arizona under A.R.S. § 13-3102.
Weapon in furtherance of terrorism: Class 2 Felony (A.R.S. § 13-3102M) · Gang/street gang related discharge, supplying firearm, or trafficking in weapons: Class 3 Felony (A.R.S. § 13-3102M) · Prohibited weapon, prohibited possessor, felony weapon use, or nuclear station entry: Class 4 Felony (A.R.S. § 13-3102M) · Weapon on school grounds - base offense: Class 1 Misdemeanor (A.R.S. § 13-3102M) · Weapon on school grounds - aggravated by related offense: Class 6 Felony (A.R.S. § 13-3102M) · Concealed weapon in furtherance of serious/violent/felony offense, selling to prohibited possessor, defacing, or possessing defaced weapon: Class 6 Felony (A.R.S. § 13-3102M) · Failure to disclose concealed weapon, weapon in public establishment/event, or polling place entry: Class 1 Misdemeanor (A.R.S. § 13-3102M) · Concealed weapon by person under 21: Class 3 Misdemeanor (A.R.S. § 13-3102M)
What are the penalties for misconduct involving weapons in Arizona?
Which Arizona statute covers misconduct involving weapons?
Misconduct involving weapons is governed by A.R.S. § 13-3102 (Misconduct involving weapons; defenses; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.