Legal Question in Criminal Law in Arizona
Hello, I lost my firearm rights in california when I was a juvenile until the age of 29. I am not 22 years old and live in Arizona. Am I considered a prohibited possessor in Arizona too, or only in California? Please help.
2 Answers from Attorneys
In AZ, it is going to depend on WHY you lost your firearms rights, but most states recognize another states' court findings on issues like this. It can depend on the facts and circumstances of the case. Therefore, you should have an AZ criminal defense attorney review all of your case documentation and compare the statues and rules to determine whether you are a prohibited possessor in AZ or not. You may also want to consider contacting a CA attorney about the process of restoring your rights and whether you may be eligible to do that early.
According to A.R.S. 13-3101, in the state of Arizona, a person commits Misconduct Involving Weapons in any of the following instances:
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
*Section 4 appears to directly apply in your case. It's best to contact an experienced criminal defense attorney who can review your prior felony conviction in more detail to determine if you are a prohibited possessor in this state. Best of luck!
Verdura Law Group PLLC
http://verduralaw.com
602-421-0515
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