Unforeseen Criminal Charges for Selling a Firearm in Arizona
Selling a firearm in Arizona can seem simple, especially since the state is widely recognized for its strong protections on firearm ownership. Many residents assume they can freely sell guns in private transactions without concern. However, misunderstanding or overlooking certain firearm laws can lead to unforeseen criminal charges. Even a casual sale to a friend, coworker, or neighbor may expose someone to felony charges under Arizona law or federal law.
Arizona statutes like ARS 13-3102 (Misconduct Involving Weapons) and ARS 13-3107 (Unlawful Discharge of Firearms) create boundaries for lawful firearm sales and use. Violating these statutes — intentionally or not — can mean harsh penalties, a lasting criminal record, and years in prison.
This article discusses the following:
- Firearm Laws That Govern Sales in the State of Arizona
- Common Situations That Lead to Unlawful Firearm Sales
- Who Is a Prohibited Possessor Under Arizona Law?
- Federal Firearm Sale Laws vs. Arizona State Law
- Penalties for Unlawful Firearm Sales
- ARS 13-3107 and the Unlawful Discharge of Firearms
- Defense Strategies From an Experienced Criminal Defense Attorney
- Real-World Examples of Firearm Sales Leading to Felony Charges
- FAQs About Firearm Sales and Gun Law Violations in Arizona
- Important Things to Remember
- How an Attorney From Kolsrud Law Offices Can Help
This article explains how legal issues arise from gun sales in Arizona, the difference between state and federal firearm laws, the penalties for unlawful firearm transactions, and how a criminal defense attorney can protect your rights. By the end, you will understand the risks of firearm sales, what prosecutors look for, and how having a strong defense can help mitigate penalties or even get a case dismissed.
Firearm Laws That Govern Sales in the State of Arizona
Although Arizona allows broad firearm ownership rights, it does not give residents free rein to sell guns without restrictions. Both state law and federal law regulate how and when a person can sell or transfer a gun.
Key points under ARS 13-3102 (Arizona’s Misconduct Involving Weapons law):
- It is unlawful to knowingly sell or transfer a firearm to a prohibited possessor.
- Private sales between Arizona residents do not require background checks, but this does not excuse sellers if the buyer is later found to be a prohibited possessor.
- While Arizona law allows the private sale of firearms to individuals 18 and older, federal law prohibits licensed dealers from selling handguns to individuals under 21.
Key points under federal firearm laws (18 U.S.C. § 922):
- Firearm dealers licensed by the ATF must conduct background checks and keep detailed sales records.
- It is a federal criminal act to sell firearms without a license across state lines.
- Selling to someone under indictment for, or convicted of, a felony is unlawful under federal law.
Although Arizona allows private firearm transactions, the overlap between state and federal rules is where problems often occur.
Common Situations That Lead to Unlawful Firearm Sales
Many Arizonans facing criminal charges for firearm sales never intended to break the law. Still, the state of Arizona can prosecute sellers under circumstances such as:
- Selling to a prohibited possessor, even unknowingly
- Private sales without background checks where the buyer later commits a crime
- Cross-state firearm sales, which violate federal firearm statutes unless completed through a licensed dealer
- Selling to minors, which is a felony charge unless parental consent is given
- Improper record-keeping by licensed gun dealers
Example: A Phoenix resident sells a firearm in Arizona to an acquaintance who later uses the gun in a robbery. Prosecutors may argue that the seller committed an unlawful sale, exposing them to a felony conviction, despite no intent to commit a crime.
Who Is a Prohibited Possessor Under Arizona Law?
Under ARS 13-3101(A)(7), the term “prohibited possessor” includes:
- Anyone convicted of a felony in Arizona or another state, if civil rights are not restored
- Individuals currently on probation or parole for a felony conviction
- People confined to a correctional facility
- Individuals found incompetent to stand trial or guilty except insane
- Those subject to an active order of protection in domestic violence cases
- Undocumented immigrants under federal firearm laws
Selling to any of these individuals, knowingly or unknowingly, can result in severe penalties. This is why consulting a gun attorney or gun crime lawyer before engaging in questionable sales is critical.
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Federal Firearm Sale Laws vs. Arizona State Law
Although Arizona allows more flexibility, federal law imposes strict rules. The differences often catch sellers off guard.
- Arizona law allows private sales without background checks
- Federal law requires all interstate transfers to go through a licensed dealer
- Arizona does not require firearm registration, while federal authorities can still pursue unlicensed sales
- Arizona allows adults 18 or older to possess a firearm, but federal law restricts handgun sales from dealers to those 21 and older
This confusion frequently leads to criminal cases where an otherwise legal transaction under state law becomes a federal criminal violation.
Penalties for Unlawful Firearm Sales
Selling firearms without following state or federal firearm laws can result in felony charges, large fines, and long-term damage to a person’s criminal record.
Arizona Penalties (ARS 13-3102)
- Selling to a prohibited possessor: Class 6 felony (up to 2 years in prison)
- Selling to a minor without consent: Class 6 felony
- Supplying firearms for criminal acts: Class 3 felony (up to 8.75 years in prison)
Federal Penalties (18 U.S.C. § 922)
- Unlawful firearm sales: Up to 10 years in prison
- Selling without a license: Up to 5 years in prison
- Interstate transfers without a dealer: Up to 5 years in prison
Penalties Chart
| Offense | Arizona Penalty | Federal Penalty |
| Selling to a Prohibited Possessor | Class 6 Felony in Arizona | Up to 10 years in prison |
| Selling to a Minor | Class 6 Felony | Possible federal charges |
| Unlicensed Firearm Sales Across State Lines | Not directly addressed | Up to 5 years in prison |
ARS 13-3107 and the Unlawful Discharge of Firearms
ARS 13-3107, often called Shannon’s Law, makes it unlawful to discharge a firearm within or into the limits of a municipality in Arizona.
Key facts:
- Discharging a firearm in public or firing a gun into the air is a Class 6 felony
- Even if no one is hurt and the discharge occurred due to criminal negligence, the law treats it seriously
- Those charged with unlawful discharge face a permanent mark on their criminal record
This law often affects those who fire a gun during celebrations, unaware that firing into the air is unlawful. Even if the discharge occurred during a vacation in Arizona, penalties apply.
Defense Strategies From an Experienced Criminal Defense Attorney
When facing criminal charges for firearm sales or unlawful discharge, working with a skilled criminal defense attorney is critical. Strategies that may protect your rights include:
- Lack of knowledge – Arguing the seller had no knowledge the buyer was a prohibited possessor
- Unlawful search and seizure – Challenging how evidence was obtained
- Entrapment – If law enforcement pressured the defendant into making an unlawful sale
- Procedural errors – Mistakes by the prosecutor or law enforcement can help get a case dismissed
- Mitigate penalties – Showing the discharge occurred unintentionally or with no criminal negligence
- Strong defense in court – Using inconsistencies in testimony or weak evidence to pursue reduced charges or dismissal
An experienced criminal defense attorney like Josh Kolsrud understands both state and federal firearm laws and knows how to fight for a favorable outcome.
Real-World Examples of Firearm Sales Leading to Felony Charges
Phoenix Example
A man sells a firearm in Arizona to a neighbor who is secretly a convicted felon. When the gun is later recovered in a crime, the seller is accused of an unlawful firearm sale.
Tempe Example
A college student sells a handgun to a 19-year-old classmate. Although Arizona allows adults over 18 to possess a firearm, federal law restricts handgun sales under 21. This results in federal criminal charges.
Mesa Example
During a holiday celebration, a resident fires a gun into the air. Police later trace the incident and charge the resident under ARS 13-3107, leading to a Class 6 felony charge for unlawful discharge of firearms.
FAQs About Firearm Sales and Gun Law Violations in Arizona
Do I need a background check for private sales?
Not under Arizona law, but federal law may apply.
What happens if I sell a gun to someone with a felony conviction?
You can face felony charges under ARS § 13-3102, it is unlawful to 'knowingly' sell or transfer a firearm to a prohibited possessor, indicating that knowledge of the buyer's status is a key element for criminal liability.
Is firing a gun in celebration illegal?
Yes, discharging a firearm in public is unlawful under ARS 13-3107.
Can a case be dismissed for unlawful discharge?
Yes, if your criminal defense lawyer can show the discharge occurred due to accident or lack of criminal negligence.
Do I have to answer questions?
You have the right to remain silent and are not required to answer any questions beyond providing your name when lawfully detained under ARS § 13-2412.
How Kolsrud Law Offices Can Help
If you are facing charges for unlawfully selling a firearm, unlawful discharge of a firearm under ARS 13-3107, or any other gun law violations in Arizona, it’s important to act quickly. A conviction can result in felony penalties, years in prison, and a permanent criminal record that may affect employment, housing, and firearm ownership rights.
Attorney Josh Kolsrud has handled over 3,500 cases and more than 100 trials throughout his career. As a former federal prosecutor and senior trial attorney, he understands exactly how prosecutors and Arizona courts approach firearm cases. He uses that experience to challenge unlawful evidence, question law enforcement tactics, and negotiate with prosecutors to protect your rights and pursue a favorable outcome.
At Kolsrud Law Offices, every case is handled directly by Josh Kolsrud—not passed off to a junior associate or law group. Whether your case involves allegations of selling to a prohibited possessor, unlawful discharge within city limits, or a federal firearm violation, you can trust Josh to guide you through every step of the process and fight for reduced charges or even a case dismissal.
To schedule your free, confidential consultation, call (480) 680-9769 or visit https://kolsrudlawoffices.com today.
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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