Imagine this scenario: you’re walking down the street, concealed pistol on your person, minding your own business. You run into a friend who’s known to enjoy marijuana, and on a whim, you decide to buy a joint right then and there. Unbeknownst to you, a police officer is watching the transaction. Suddenly, you’re facing not just drug charges, but also weapons-related charges—all because you were carrying a firearm at the same time.

In Arizona, even a seemingly minor drug transaction can escalate into a serious legal problem if you’re armed. This is where understanding the state’s weapons misconduct laws and seeking immediate legal guidance becomes critical.

What Charges Could You Face?

Under A.R.S. § 13-3102(A)(1)(a), it’s a Class 6 felony to knowingly carry a deadly weapon if you do so “in furtherance of” a serious offense, a violent crime, or any felony offense. If caught in a situation like the one described:

• Class 6 Felony Penalties:
  • 4 months to 2 years in prison
  • Up to 3 years probation
  • Fines and fees up to $150,000 plus surcharges
  • Loss of civil rights, including the right to bear arms

The phrase “in furtherance of” means carrying a weapon to help you commit the underlying crime. The police may argue that you carried your pistol to protect yourself during the marijuana purchase—thus linking your firearm possession to the felony drug offense.

What Constitutes a “Serious Offense” or “Violent Crime”?

• Serious Offenses include:
  • Murder
  • Manslaughter
  • Aggravated assault resulting in serious injury or involving a deadly weapon
  • Sexual assault
  • Dangerous crimes against children
  • Arson of an occupied structure
  • Armed robbery
  • First-degree burglary
  • Kidnapping
  • Sexual conduct with a minor under age 15
  • Child sex trafficking
• Violent Crime means any criminal act resulting in death or physical injury or involving the use of a deadly weapon or dangerous instrument. Even a simple misdemeanor assault could trigger weapons charges if prosecutors claim you carried the weapon to deter retaliation.

Penalties for Having a Weapon During a Drug Offense

It can get worse if drugs are involved. If you possess a firearm during the commission of certain drug-related crimes (covered under Title 13, Chapter 34), you could face a Class 4 felony for Misconduct Involving Weapons under A.R.S. § 13-3102(A)(8)—even if you didn’t use the gun “in furtherance of” the drug offense.

• Class 4 Felony Penalties:
  • 1 to 3.75 years in prison
  • Up to 4 years probation
  • Fines and fees up to $150,000 plus surcharges
  • Loss of civil rights, including your right to bear arms
  • Permanent felony conviction on your record

Protecting Your Rights and Future

Arizonans cherish the right to bear arms, but exercising this right while committing even a minor crime can expose you to serious legal consequences. The key to safeguarding your future is understanding these laws and getting immediate legal help if you’re facing charges.

Call Ted Law for Skilled Representation

Attorney Theodore Agnick at Ted Law is experienced in Arizona firearms law and can analyze your situation to determine if you face exposure to Misconduct Involving Weapons charges. We will:

• Examine the facts of your case
• Challenge any weak points in the prosecution’s argument
• Work tirelessly to protect your constitutional rights and freedom

Don’t face these charges alone. Call us at (602) 453-3100 or reach out online today for a free, confidential consultation. We’re available around the clock to help you navigate Arizona’s complex firearm and criminal laws and to fight for the best possible outcome in your case.