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Gun Laws, Charges and Penalties in Phoenix, AZ
|Last Updated on: 5th October 2023, 07:27 am
Gun Laws, Charges and Penalties in Phoenix, AZ
Living in Phoenix, AZ means dealing with some unique gun laws. With gun ownership being so prevalent here, it’s important for every responsible gun owner to understand their rights and responsibilities. This article will cover the basics of gun laws in Phoenix, common criminal charges, and potential penalties for violating those laws.
Open and Concealed Carry
Unlike some states, Arizona has very permissive open and concealed carry laws. Anyone over 21 can carry a loaded handgun openly or concealed without a permit[1][2]. The exceptions are a few prohibited places like public K-12 schools, polling places on election days, and areas of airports past TSA screening[1].
One thing to watch out for is that businesses can ban weapons on their property by posting a sign[3]. So make sure to respect those requests and leave your gun at home or in the car before entering. Violating a posted no weapons policy can lead to trespassing charges.
Purchasing and Transferring Guns
There is no required permit, registration, or waiting period to buy a handgun, rifle, or shotgun from a private seller or gun store in AZ[4]. Private sales also don’t require a background check, but sales by licensed dealers do[4].
Anyone 18 or older can buy rifles and shotguns, while you have to be 21 to purchase a handgun[4]. And as with most states, convicted felons, domestic abusers, and certain mental health patients are prohibited from owning firearms[5].
Transferring a gun to a minor is legal in AZ with parent/guardian consent. But the adult could face charges like contributing to the delinquency of a minor if the child uses it to commit a crime[6].
Carrying Guns in Vehicles
It’s legal to have a loaded handgun in your vehicle without a concealed carry permit[2]. The gun must be clearly visible if you are under 21 though[1]. Long guns like rifles and shotguns also don’t need to be unloaded when transported in a vehicle.
Be aware that schools and nuclear power plants often ban guns on surrounding streets and parking lots too. So avoid keeping a gun in your car near those areas or you could face weapons misconduct charges.
Self-Defense Laws
Arizona has strong self-defense laws under the “castle doctrine.” If someone unlawfully enters your home, occupied vehicle, or place of business, you can stand your ground and use physical or deadly force against them if reasonably necessary.
Outside of those places, you have a “duty to retreat” before using deadly force in self-defense. So if it’s possible to safely avoid a confrontation, you must do so or risk facing criminal charges yourself.
Discharging Guns
It’s legal to shoot guns on your own private property in unincorporated areas of AZ. But discharging a firearm within city limits is a felony under Shannon’s Law if it’s done negligently and the bullet lands on another person’s property or public land.
So practice safe shooting far from other homes and buildings if plinking cans out in the desert. And always be sure of your target and what’s behind it before pulling the trigger.
Alcohol and Guns
Drinking while carrying a concealed weapon is perfectly legal in AZ. However, it’s still a crime to discharge a gun while intoxicated or under the influence of drugs. Doing so could result in weapons misconduct, disorderly conduct, or endangerment charges.
The smartest policy is to avoid mixing guns and alcohol altogether. Impaired judgement and slowed reaction times make that a dangerous combination.
Penalties for Weapons Charges
If you’re arrested for a gun-related crime in Maricopa County, you’ll face charges including:
- Misconduct involving weapons (felony) – Up to 8 years in prison
- Unlawful discharge of a firearm (felony) – Up to 3.75 years in prison
- Minor in possession of a firearm (felony) – Up to 2 years in prison
- Criminal trespass with a firearm (misdemeanor) – Up to 6 months in jail
These charges can also lead to thousands in fines, probation or parole, loss of gun rights, and a permanent criminal record that hurts job prospects if convicted.
When to Hire a Lawyer
Navigating Arizona’s gun laws can be tricky, especially when self-defense claims arise. If you’ve been arrested for any weapons violation or violent crime involving a gun, it’s essential to have an experienced criminal defense attorney on your side.
A lawyer can argue to get charges reduced or dismissed. They know how to gather evidence and testimony to show you acted reasonably and lawfully. With so much at stake, it pays to have a skilled legal advocate protecting your rights.
References
1
https://phoenix.gov/policesite/Documents/088411.pdf
2
3
https://brandonwhitelaw.com/blog/arizona-gun-laws-what-guns-can-i-possess-in-arizona
4
https://en.wikipedia.org/wiki/Gun_laws_in_Arizona
5
https://www.handgunlaw.us/states/arizona.pdf
6
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/az-gun-laws/
https://www.azleg.gov/ars/13/03102.htm
https://www.azleg.gov/ars/13/03101.htm
https://www.azleg.gov/ars/13/00411.htm
https://www.azleg.gov/ars/13/03107.htm
https://www.azleg.gov/ars/4/00244.htm
https://www.azleg.gov/ars/13/03102.htm
https://www.superiorcourt.maricopa.gov/media/11139/msc22020-001.pdf