What is a Prohibited Possessor in Arizona?
While Arizona is a firearm-friendly state, some people are prohibited by Arizona criminal law to possess deadly or prohibited weapons. These people are called prohibited possessors. But what exactly does this mean and how does one become a prohibited possessor in Arizona?
Legal Definition of a Prohibited Possessor in Arizona
Under the criminal statutes of Arizona, a prohibited possessor is someone who is prohibited by law from possessing a deadly or prohibited weapon by virtue of a prior felony conviction, acute or grave disabilities, delinquency for a felony, etc.
How Does a Person Become a Prohibited Possessor?
Becoming a prohibited possessor is not something that is ordered by a judge in a criminal court. Instead, it happens by virtue of the existing criminal laws in Arizona. According to A.R.S. § 13-3101 (A)(7), a prohibited possessor is any person:
- Who is a danger to themselves or to others
- Who has an acute disability or grave disability
- Whose right to possess a firearm has not been restored by the court
- Who has a prior felony conviction
- Who is serving a term of imprisonment
- Who is under felony probation, parole, community supervision, work furlough, home arrest, or release
- Who is a nonimmigrant that maintains a foreign residence
What Happens When a Prohibited Possessor is Caught With a Firearm?
If a person is classified by law as a prohibited possessor and is caught with a deadly or prohibited weapon, they can be charged with a class 4 felony for misconduct involving weapons. If found guilty, the prohibited possessor can be facing one to 3.76 years in jail.