Possession of Firearms By Prohibited Possessor
This article discusses the following:
Arizona and federal laws impose strict regulations on who can legally own or possess firearms and ammunition also known as prohibited possessors.
While the specifics of these statutes may vary between state and federal jurisdictions, the underlying goal remains the same: to prevent certain individuals from possessing firearms.
Violations of these laws can lead to felony charges, significant penalties, and long-term impacts on an individual’s rights. With extensive experience in both state and federal courts, Josh Kolsrud is a highly skilled defense attorney equipped to handle these challenging cases. Having handled over 3,500 cases and 100 jury trials, his expertise in complex firearm laws and representing prohibited possessors makes him an invaluable ally for those facing these charges.
Who is a Prohibited Possessor?
Under Arizona law, a "prohibited possessor" is someone who is legally barred from owning, possessing, or controlling firearms or ammunition. According to ARS § 13-3101(A)(7), individuals in this category may include:
- Convicted felons whose civil rights have not been restored.
- Individuals on probation for domestic violence or felony offenses.
- Individuals deemed a danger to themselves or others due to mental health conditions, as determined by a court.
- Those subject to restraining orders or orders of protection involving credible threats to another person.
- Undocumented immigrants or those unlawfully present in the United States.
Federal law also prohibits firearm possession for certain groups, such as individuals convicted of domestic violence misdemeanors or those dishonorably discharged from the military.
Federal Law on Possession of a Firearm
Federal statutes, specifically 18 U.S.C. § 922(g), govern the possession of firearms and impose broader restrictions than state laws. Under federal law, prohibited possessors include individuals who:
- Have felony convictions.
- Have been convicted of domestic violence misdemeanors.
- Are subject to restraining orders protecting an intimate partner or child.
Federal penalties for firearm possession violations often exceed state penalties, with sentences ranging from 5 to 10 years, depending on the nature of the offense and the offender’s criminal history. Federal courts also impose mandatory minimum sentences for certain firearm offenses.
What are Prohibited Items?
Prohibited items under Arizona law extend beyond firearms to include:
▶ Automatic weapons without proper federal licensing.
▶ Firearms with altered or removed serial numbers (ARS § 13-3101).
▶ Explosives or incendiary devices.
▶ Firearm suppressors (silencers) unless lawfully registered under federal law.
▶ "Ghost guns," or firearms that lack serial numbers and are assembled privately, which can also face scrutiny under federal law.
Possessing these items can lead to separate charges in addition to firearm possession violations, compounding legal consequences.
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What is the Difference Between a State and Federal Charge?
State and federal charges for prohibited possessors differ based on jurisdiction and the nature of the alleged violation. Under Arizona law, such as ARS § 13-3102, prohibited possessors are prosecuted in state courts for firearm misconduct that does not involve federal interests.
Examples include possession of a firearm after a felony conviction or violating a protective order within Arizona’s boundaries.
Federal charges, governed by 18 U.S.C. § 922(g), typically apply when the offense involves crossing state lines, federal properties, or broader criminal activity such as firearm trafficking.
For example, possessing a firearm as a prohibited person while traveling between states or on federal land, like a national park, can trigger federal prosecution.
Federal cases are also more likely when the alleged crime involves aggravated factors, such as organized crime, terrorism links, or large-scale illegal weapon possession. Federal penalties are generally harsher, with mandatory minimum sentences and stricter guidelines compared to state-level consequences.
What are the Penalties for Illegal Firearm Possession
The penalties for being a prohibited possessor or possessing prohibited items in Arizona are severe. Under ARS § 13-3102, misconduct involving weapons, including illegal firearm possession, is typically a Class 4 felony. Convictions may lead to:
- First offense: Up to 3.75 years in prison.
- Repeat offense: Longer prison sentences based on prior convictions and enhancements.
- Federal charges: If prosecuted federally, penalties may include substantial fines and prison terms exceeding 10 years, depending on the circumstances.
In cases involving other criminal activities, such as drug trafficking or violent offenses, firearm-related charges can enhance sentencing under ARS § 13-706, Arizona’s violent crime sentencing statute.
5 FAQS: Prohibited Possessors
Who is prohibited from possessing firearms?
A person may be prohibited from possessing firearms due to prior felony convictions, misdemeanor convictions involving domestic violence, court orders such as restraining orders, or being on parole or community supervision. Federal and state laws also bar fugitives, individuals with a history of mental health adjudications, and undocumented immigrants from owning or possessing firearms.
What is considered illegal possession of a firearm?
Illegal possession occurs when someone knowingly possesses firearms or ammunition while being prohibited under federal or state law. Examples include a person convicted of a felony charge who cannot legally possess firearms, or someone found guilty of violating a protective order.
How does a prior felony conviction affect firearm rights?
- A prior felony conviction results in the loss of civil rights, including the right to possess firearms and ammunition. Restoration of these rights is possible in certain cases but requires legal action. People who have been convicted of violent felonies often face additional restrictions under both Arizona and federal firearm laws.
Can a misdemeanor conviction impact my ability to possess firearms?
Yes, certain misdemeanor convictions—such as the crime of domestic violence—can make someone prohibited from owning or possessing firearms under federal law. These restrictions apply to people found guilty of crimes involving physical force or threats of violence.
What are the penalties for illegal firearm possession?
Penalties for illegal possession can vary based on the charges. State charges under ARS § 13-3102 for prohibited possession are punishable as a Class 4 felony, with a maximum penalty of up to 3.75 years in prison. Federal charges, such as those under 18 U.S.C. § 922(g), are often more severe and may include mandatory minimum sentences.
Contact Federal Defense Attorney Josh Kolsrud
If you are facing charges related to firearm possession, contacting an experienced federal and state defense attorney is crucial.
With over 3,500 cases and 100 jury trials under his belt, Josh Kolsrud of Kolsrud Law provides knowledgeable representation to defend your rights effectively. His extensive background, including time in the Repetitive Offender Bureau, uniquely qualifies him to handle complex firearm-related cases.
Contact Kolsrud Law Offices at (480) 680-9769 for personalized legal assistance.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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