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Weapons & Gun Criminal Defense

Arizona Weapons & Gun Criminal Defense

Charges related to weapons and gun offenses can be daunting and life-altering. Armour Legal Attorneys at Law understands these cases’ complexities and serious implications. Whether you are dealing with accusations of illegal gun possession, trafficking, or using a firearm in self-defense, our experienced legal team in Mesa is dedicated to protecting your rights and ensuring your story is heard.

We are committed to providing you with a robust defense to navigate this challenging legal landscape and mitigate potential penalties in Arizona. Choosing the right attorney is crucial, especially if you’re facing charges or are concerned about possible charges in the future. Let us help you secure the best possible outcome in your case.

Gun Trafficking

Gun trafficking” refers to the diversion of guns from lawful commerce into the illegal market. In many cases, gun trafficking occurs across state lines, as gun traffickers take advantage of our nation’s porous gun laws by buying guns in states with weak gun laws and illegally reselling them in states with strong gun laws. Straw purchasing is a common crime where a purchaser buys a gun on behalf of someone else who cannot purchase one themselves.
  • Federal law (18 U.S.C. §§ 932, 933) prohibits gun trafficking and straw purchasing, including prohibiting any person from selling firearms to a person the seller knows or has reasonable cause to believe intends to engage in trafficking and straw purchasing [18 U.S.C. § 922(d)(10), (11)].
  • Federal law also prohibits racketeering based on these crimes (18 U.S.C. §§ 1962) and the laundering of money to conceal these crimes [18 U.S.C. § 1956(a), (c)(7)(D)].
  • Arizona law (ARS 13-3102) defines gun trafficking as the act of buying, selling, or transferring a weapon with the intent to sell it again. It’s also considered gun trafficking to possess a weapon with the intent to sell it.

ATF Form 4473 – Firearms Transaction Record

A revised ATF Form 4473 – Firearms Transaction Record is now mandatory (since February 1, 2024) for all federal firearms licensees (FFLs). Failure to use the updated form and follow the new changes could result in gun trafficking charges. If you are a licensed gun dealer facing charges or simply a purchaser who has run afoul of state or federal gun laws, Armour Legal’s Weapons & Gun Defense Attorneys can help.

Aggravated Assault w/a Deadly Weapon

Aggravated Assault with a Deadly Weapon in Arizona (ARS 13-1204) is a felony that can be charged as a Class 2, 3, 4, 5, or 6 felony. The exact charge depends on the circumstances of the assault. The law specifies “aggravated assault” if the person commits assault while using “a deadly weapon or dangerous instrument” or an object that simulates a deadly weapon. A typical Class 2 felony charge for aggravated assault with a deadly weapon would be five years in jail. However, the circumstances of your case could prompt the court to levy a heavier sentence. Some instances of this could include:
  • The assault was against a minor.
  • The assault was against a law enforcement officer.
  • The assault happened after entering a private residence for the purpose of committing assault.
  • The assault was against a bound or otherwise helpless victim.
There are defenses against these charges, so it is critical to contact Armour Legal as soon as possible to discuss your case.

Self-Defense/Self-Defense w/ a Gun

Self-defense is the legal right to use reasonable force to protect oneself or others from imminent harm during an attack. In cases of violent crimes, defendants may assert self-defense as a legal defense under federal criminal law and in all states, particularly in incidents involving assault, battery, or homicide. Arizona has specific laws and exceptions regarding self-defense that differ from those in other jurisdictions.

Arizona Castle Doctrine

The castle doctrine is a legal principle that applies specifically to self-defense situations within a person’s home. According to ARS 13-411, individuals are authorized to protect themselves from intruders or attackers who forcefully enter or attempt to enter their residence. This statute permits the use of deadly force in such scenarios, eliminating the obligation to retreat if the individual believes they are in immediate danger.

Arizona’s “Stand Your Ground” Law

In Arizona, while there isn’t a specific law named “Stand Your Ground,” ARS 13-405 provides individuals the right to defend themselves or others with lethal force without the obligation to retreat first. This legal provision applies as long as the person is in a location where they are lawfully present, which includes both private property and public spaces across the state.

Potential Limitations

Castle doctrines and stand-your-ground laws offer various legal protections regarding self-defense, but they come with specific limitations and conditions, particularly in the state of Arizona. Key examples of these limitations include:

  • Proportionality of Force: Any force used in self-defense must be reasonable and proportional to the perceived threat.
  • Non-Initiation of Conflict: A claimant cannot have initiated the altercation or escalated the situation intentionally.
  • Reasonableness of Lethal Force: The use of lethal force is not permitted arbitrarily; it must be justified based on the circumstances.
  • Belief in Imminent Danger: The individual making a self-defense claim must genuinely believe that they or others are facing imminent danger.

Armour Legal Attorneys at Law understand how to leverage these principles to bolster your self-defense claims in Arizona.

If you or someone you know is facing legal challenges concerning deadly weapons or firearms, Armour Legal in Mesa can assist you in building a formidable defense to avoid severe penalties. To schedule a free consultation, contact Armour Legal at 602-550-8919 or complete the contact form today.

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