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Phoenix Carrying a Concealed Weapon Lawyer

Phoenix Carrying a Concealed Weapon Lawyer

Have you been charged with a firearm offense in the Phoenix area, such as carrying a concealed firearm in a prohibited area? Being arrested for carrying a concealed weapon in Arizona may come as a shock, as your right to carry a firearm is protected by the Second Amendment to the US Constitution. 

If you’re arrested, don’t panic. You don’t have to face your charges alone. A knowledgeable and Phoenix carrying a concealed weapon attorney at Orent Law Offices is just a phone call away. Give us a call to schedule a free consultation to learn more.

Why You Need a Criminal Defense Lawyer For Your Phoenix Concealed Weapon Charge

Arizona firearm laws operate at the state level and are lenient and permissive. Despite its reputation as a firearm-friendly state, Arizona has a high number of weapon and gun-related crimes each year. Arizona legislature has required prosecutors to pursue convictions and heightened penalties. If you’re charged with a gun crime, you need an attorney who knows Arizona laws and procedures. At Orent Law Offices, our Phoenix weapon charges lawyers have more than 33 years of experience representing clients against these types of serious criminal charges. 

If you carry a firearm in Arizona, it’s essential to understand where you can carry it, or more importantly, where you are not allowed to carry it, and when you can use it. While Arizona’s neighbor state California is sometimes described as “anti-gun,” Arizona is often described as “pro-gun.” However, this does not mean prosecutors or judges will take your case lightly. These charges are taken very seriously. A Phoenix criminal defense attorney can help you ensure the best possible outcome for your case by doing the following: 

  • Put your legal situation in the best possible light 
  • Review all available defense strategies 
  • Evaluate, discuss, and advise on plea options 
  • Obtain and preserve all evidence
  • Work aggressively to get you out of jail
  • Draft and argue motions 
  • Fight for your case in trial, if necessary. 

Almost all deadly weapon crimes in Arizona carry a mandatory prison sentence for anyone convicted. If you’ve been charged, an attorney may be able to help you get charges reduced to less serious charges or dropped altogether. It is important to reach out to an attorney as soon as possible. No gun charge is too minor, or too complex, to not benefit from a good team of defense attorneys.

Do Not Talk to Police Until You Have Legal Counsel 

If you are arrested for any crime, the best thing to do is stay silent. If the police officer asks your name, give that truthfully (falsifying your name is another crime). Beyond that, politely say, “Officer, I would like to have a lawyer.” It may be tempting to explain things or attempt to clear your name. However, this opens up the door to a proverbial rabbit hole. It is considered best practice to stay silent. Remember, police are trained investigators, and most people getting interviewed by police are not trained in criminal investigation. 

While you’re in custody, remember that anything you say can be witnessed, monitored, and recorded. Even if you have to wait overnight to speak with a violent crime defense lawyer, that will be worth it compared to saying something that could result in you being convicted. Contact Craig Orent and his team at the Orent Law Offices in Phoenix as soon as possible. The initial consultation is free.

Arizona Firearm Laws 

Most of Arizona’s gun laws are found in Title 13, Chapter 31 of the Arizona Revised Statutes. Arizona is a permit-less carry or Constitutional Carry state. Anyone who is not prohibited from owning a firearm can carry a concealed firearm into any place not deemed off-limits by law without a concealed weapons permit (CCW).

Since July 29, 2010, Arizona citizens have the right to carry a concealed firearm without a concealed carry permit or license. In other words, you can carry a concealed weapon without a permit. However, there are several significant reasons why you would still get an AZ CCW Permit

  • Arizona CCW Permit Holders have reciprocity in 37 other states. Without a CCW Permit, you may be in violation of state gun laws while carrying a firearm in another state. NOTE: Always check with the state to determine specific and current gun laws before you travel. 
  • You can carry concealed in a bar with a CCW permit. Rev. Stat. § 4-229(A) now states, “A person may carry a concealed handgun on the premises of a [bar or restaurant licensed to serve alcohol] unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises.” 
  • You can legally have possession of a firearm when you are within 1,000 feet of school grounds. 

By taking Basic Pistol CCW courses, you can become familiar with best practices for firearm safety and Arizona gun laws. 

Eligibility Requirements For a Concealed Carry Permit in Arizona 

To be approved for a CCW permit in Arizona, you must first meet the state’s eligibility requirements. These requirements state that applicants must:

  • Be 21 years old or older
  • Be a resident of Arizona (or a citizen of the United States)
  • Be in the United States legally (not here illegally or on an expired visa)
  • Not have any pending criminal charges
  • No felony conviction on your record
  • Never have been diagnosed as mentally ill
  • Have completed a firearms training class. 

More information about eligibility can be found on the Arizona Department of Public Safety website.

How to Obtain a Concealed Carry Permit in Arizona 

If you meet eligibility requirements, you can apply for a CCW permit by:

  • Reading chapters 4 and 13 of Arizona Statute Title 13
  • Completing an application packet
  • Returning the application, including proof of required training, fingerprint cards (submitted on FBI form FD-258), and the appropriate fee ($60 cashier’s check, money order, or certified check payable to AZ DPS).

All applicants will be notified by mail within 2-4 weeks if their application has been approved. If approved, your CCW permit will be valid for five years. 

Carrying a Firearm in a Prohibited Area 

The easiest way gun owners can get into trouble with law enforcement is carrying a firearm into a prohibited area. In Arizona, carrying a concealed weapon without a permit is a privilege. Without understanding your responsibilities, it is possible that your own life and future could be compromised. Carrying a firearm is generally not allowed in the following areas, with some exceptions for peace officers: 

  • Businesses serving alcohol for consumption on the premises (exceptions for CCW permit holders, see A.R.S. 4-229, A.R.S. 4-244, A.R.S. 13-3102)
  • Polling places on election days 
  • K-12 school grounds (some exceptions apply) 
  • Commercial nuclear & hydroelectric generating stations 
  • Military installations 
  • Indian reservations 
  • Game preserves 
  • National park
  • Correctional facilities (jails, prisons)
  • Federal buildings 
  • Airports (in and past security checkpoints) 
  • Anywhere federal, state, or local laws prohibit weapons 
  • State or local government/private establishments or events when asked by the operator/sponsor/agent.
  • College or university grounds where carry has been prohibited. 

Potential penalties include for carrying a concealed firearm into a prohibited area include: 

  • Jail or prison sentences
  • Prison sentences
  • Hefty fines
  • Probation
  • House arrest
  • Loss of gun ownership rights
  • Permanent criminal record.

After an arrest, Phoenix criminal defense lawyer Craig Orent can help you swiftly prepare a defense strategy and evaluate options to get the best possible outcome for your case, whether you are facing a misdemeanor or felony charges. 

Prohibited Possessor Charges 

A.R.S. § 13-3101 (A)(7), states that a Prohibited Possessor, or a person who cannot in any way be in possession of a weapon, is anyone who: 

  • Has been found to be a danger to themselves and/or others
  • Has acute or grave disabilities pursuant to section ARS 36-540
  • Has been convicted of a Felony in Arizona or any other state
  • Has an adjudicated delinquency for a felony and has not had their gun rights restored
  • Is currently imprisoned in any detention center or correctional facility
  • Is currently on probation for a felony offense, community supervision, work furlough, home arrest, or has been released on any other basis and who is serving probation or parole
  • Is currently serving probation for any domestic violence offense as defined in ARS section 13-3601.

If you fall into one of the categories of a prohibited possessor and a gun is found in your possession, you may be be charged with a Class 4 felony. If you are NOT a prohibited possessor but provide a weapon to a prohibited possessor via transfer or sale, you may be charged with a Class 4 felony. The presumptive or expected sentence for this crime is 2.5 years. If you lost your right to own a firearm due to a prior conviction, the judge may give you a longer sentence. 

If you’re being investigated for or have been charged with any crime involving a prohibited possessor statute, contact our office right away to discuss your rights and options. 

Get a Free Consultation With a Phoenix Concealed Weapon Criminal Defense Lawyer 

Phoenix lawyer Craig Orent has been certified by the Arizona State Bar as a Certified Criminal Law Specialist by the Arizona State Bar. Out of more than 18,500 active attorney members, approximately 700 Arizona attorneys are Board certified.

In the last three decades, Mr. Orent has helped many people stay out of jail in Maricopa County and throughout Arizona by getting charges dropped and reduced. He and his team are available seven days a week to take your call and help you get started. Call Orent Law Offices in Phoenix, Arizona to get a jump start on your defense today.