Practice Areas / Weapons / Misconduct Involving Weapons
Arizona criminal defense
Misconduct Involving Weapons lawyer in Phoenix and the East Valley
A weapons charge in Phoenix or the East Valley can start from a traffic stop, a search at a residence, or a count added to another case. The paperwork may say Misconduct Involving Weapons, prohibited possessor, unlawful discharge of a firearm, or another gun related label. You need a clear explanation of what you face and a plan for court. Not scare tactics, and not empty promises.
Sun Valley Law Firm is a Gilbert criminal defense practice led by attorney Brian Garner. We represent people facing weapons related charges in Maricopa County and Pinal County courts. This page covers the basics in plain English, how local court paths often work, and how to reach us for a free consultation. Nothing here guarantees a particular result. Every case turns on its own facts, the evidence, and the court.
Free Consultation (602) 654-3005
Who this page is for
This page is for people charged with Misconduct Involving Weapons or a related gun charge in Phoenix, Gilbert, Mesa, Chandler, or nearby Maricopa County and Pinal County courts. That includes people told they are a prohibited possessor, people with a gun found during a stop or search, and people with a weapons count added to another charge.
Your complaint or citation controls the exact charge. Bring the full paperwork so we can read the actual wording.
We practice criminal defense only. We do not handle civil lawsuits, family matters, or business disputes.
What Misconduct Involving Weapons means in Arizona
Arizona Revised Statutes § 13-3102 is the main statute. In plain terms, it covers many different ways a person can be charged over a deadly weapon or firearm. The State must prove you knowingly did one of the acts listed in the statute. Which subsection appears on your paperwork matters a great deal. Confirm the details with counsel. Do not rely on a web page for your exact exposure.
Arizona is a permitless carry state for most adults. For many people, simply having a firearm is not itself a crime. Charges often turn on who you are, where you were, what the State says the weapon was, or what else was going on at the time.
Definitions for terms such as deadly weapon, firearm, prohibited possessor, and prohibited weapon appear in Arizona Revised Statutes § 13-3101. This page is general information for Phoenix and East Valley weapons defense. It is not a full statute guide and not legal advice for your case. We will not invent prison ranges, fine amounts, or mandatory sentencing rules online.
Common ways people get charged
People call us after filings that often fall into a few plain language groups. Your paperwork may use different wording.
Prohibited possessor. The State alleges you possessed a deadly weapon or prohibited weapon while Arizona law treated you as a prohibited possessor. That status can rest on a prior felony without firearm rights restored, probation for a felony or certain domestic violence matters, a court order, or other categories listed in § 13-3101.
A weapon in a place where it is not allowed. Examples include school grounds, certain public establishments or events after a reasonable request to remove the weapon, or an election polling place on election day. The statute lists specific locations and conditions. The exact place named on your paperwork controls.
A defaced or prohibited weapon. These cases involve a weapon the State says was altered so the serial number is gone or changed, or a weapon the statute treats as a prohibited weapon. Definitions matter. Bring any inventory or property receipts you were given.
Failing to tell an officer about a concealed weapon when asked. Under one subsection of § 13-3102, the charge can turn on whether you accurately answered when a law enforcement officer contacted you and asked whether you were carrying a concealed deadly weapon.
A weapon tied to another felony. Some filings allege a deadly weapon was used or possessed during another felony, including certain drug felony counts. In those cases the weapons count and the other charge may travel together through court.
Prohibited possessor basics
Arizona treats certain people as prohibited possessors. At a high level, that can include someone with a felony conviction whose civil right to possess or carry a firearm has not been restored, someone on probation for a felony or for a domestic violence offense as defined by Arizona law, someone serving a prison or detention term, and people covered by certain court findings or orders. The full list is in Arizona Revised Statutes § 13-3101. Your situation depends on your record and any court papers that still apply.
If you are asking whether rights can be restored after a conviction, start with our published explainer on set aside and record sealing. A set aside or a sealing order does not automatically restore firearm rights. Rights restoration follows its own rules. Read that page, then call us with your paperwork rather than guessing from a website.
Arizona set aside vs record sealing
Unlawful discharge of a firearm
A separate statute, Arizona Revised Statutes § 13-3107, covers unlawful discharge of a firearm. In plain terms, it addresses discharging a firearm within or into the limits of a city or town with criminal negligence, subject to exceptions listed in the statute. Searchers often find this charge alongside Misconduct Involving Weapons queries. Your paperwork will show which statute and which court you face. Bring that paperwork to a free consultation so we can sort the labels before talking strategy.
How these cases are usually fought
Weapons cases often turn on a few recurring questions. Was the gun yours in the legal sense, or is the State relying on constructive possession of a firearm found in a car, a home, or a shared space. Was the stop or search lawful. Is prohibited possessor status actually proven with admissible records. Does the item meet the legal definition of a deadly weapon, firearm, or prohibited weapon under § 13-3101. Camera video, body worn video, and search warrant paperwork can matter when they exist.
Early review helps because evidence and deadlines move whether you are ready or not. Keep every piece of paper. That includes the citation or complaint, release conditions, property receipts, and any search related documents you were given. Do not discuss the facts of the case with police without a lawyer.
We will walk through what the State must prove and what options may exist in your court. We will not promise that charges will be dismissed, reduced, or beaten.
Which courts usually hear these cases
Phoenix Municipal Court and East Valley city courts often hear misdemeanor weapons related cases that arise from local stops or local filings. First appearances, disclosure, and negotiation often begin there. Gilbert, Mesa, Chandler, and other East Valley municipal courts may appear on your paperwork depending on where the stop or arrest happened.
Maricopa County Superior Court and Pinal County Superior Court typically enter when the charge is a felony or when the matter is filed or transferred there. Bond, scheduling, and exposure differ from municipal misdemeanor practice.
Not every weapons charge goes to Superior Court. Misdemeanor filings can stay in municipal court. Felony filings usually follow the Superior Court path. Your paperwork and the filing decision control which court you face.
If your paperwork names a different city court or a Pinal County court, call us with the court name and case number if you are unsure where to appear.
How we approach a weapons case
Our work typically includes listening first; sorting out the exact subsection charged under § 13-3102 or related statutes; reviewing police reports, search paperwork, and camera video when it exists; checking whether prohibited possessor status and the weapon definition are actually supported by the evidence; explaining court dates and release conditions in plain English; preparing for negotiation when appropriate and for a hearing or trial when it is not; and coordinating next steps without promising a result we cannot control. Past results for other clients do not guarantee a similar outcome for you.
Related charges that sometimes mix
Some weapons related stops also involve drug or assault allegations. When that happens, keep the weapons specific depth on this page and use the live money pages below for the other charge. For rights restoration questions after a conviction, use the set aside explainer.
Arizona set aside vs record sealing
Our practice areas weapons hub at /practice-areas/weapons remains a short overview. This page is the deeper charge explanation. Start with the court and charge names on your paperwork, then call us. Do not assume every stop that finds a gun is only a weapons case, and do not assume every weapons case stands alone.
Why call Sun Valley Law Firm
You need a criminal defense lawyer who knows Valley courts and will move after an arrest or citation. Sun Valley Law Firm is based in Gilbert at 1525 S Higley Rd, Suite 104, Gilbert, AZ 85296. We serve Phoenix and the East Valley, along with Maricopa County and Pinal County courts. Meetings are by appointment. The first conversation is a free consultation.
Frequently asked questions
Is Misconduct Involving Weapons a felony in Arizona? It depends on the subsection charged. Arizona Revised Statutes § 13-3102 covers filings that can range from a misdemeanor up to a felony. We will not invent class levels or prison ranges on this page. Bring your complaint so we can read the exact paragraph you face in a free consultation.
I did not know I was a prohibited possessor. Does that matter? Knowledge and status questions are fact specific. The State still has to prove the elements of the charged subsection. Whether lack of knowledge helps your case turns on the statute wording, your record, and the evidence. Do not assume it is a complete defense or that it does not matter. Call us with your paperwork.
The gun was in the car, not on me. Can they still charge me? Yes, the State may still file a charge using constructive possession theories when a firearm is found in a vehicle, a home, or another shared space. Whether that proof holds up is a different question. Early review of the stop, the search, and who had access to the space often matters.
Can I get my gun rights back after a felony? Sometimes Arizona law provides a path to restore firearm rights, and sometimes it does not. A set aside or a sealing order is not the same thing as restored firearm rights. Read our published page on set aside and record sealing for the record cleanup side of the question, then talk with counsel about rights restoration for your specific conviction. We will not promise that rights come back.
Will police return my firearm? Property return depends on the case posture, any forfeiture or hold, and court orders. Sometimes a firearm is held until the case resolves. Sometimes other rules apply. Ask in a free consultation after we see the property receipt and the charge paperwork. We will not promise that a particular gun will be returned.
Do you handle weapons charges in Phoenix, Mesa, and Pinal County courts? Yes. We handle weapons related matters in Phoenix Municipal Court, East Valley city courts including Mesa and Gilbert when the case belongs there, Maricopa County Superior Court, and Pinal County Superior Court. Bring the court name and case number so we can confirm where you need to appear.
Talk with Brian Garner
If you or a family member is facing a Misconduct Involving Weapons charge or a related gun charge in Phoenix or the East Valley, call (602) 654-3005 or email office@sunvalley.law to schedule a free consultation. Bring your citation or complaint, court date, and any release conditions or property receipts. We will review what you are facing and discuss next steps. We will not promise a result we cannot control.
Sun Valley Law Firm · Brian Garner, criminal defense attorney · Serving Maricopa County and Pinal County.
Free Consultation (602) 654-3005
Attorney advertising. Past results do not guarantee a similar outcome. This page is general information, not legal advice for your case.