A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.
6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.
7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
(f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.
(g) Who is found guilty except insane.
8. "Prohibited weapon":
(a) Includes the following:
(i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.
(ii) A device that is designed, made or adapted to muffle the report of a firearm.
(iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
(v) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.
(vi) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.
(vii) An improvised explosive device.
(viii) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (v) or (vii) of this subdivision.
(b) Does not include:
(i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.
(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.
(iii) A device that is commercially manufactured primarily for the purpose of illumination.
9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.
B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.
Notes of Decisions
Cited in
101
cases (
23 in the last 5 years), 1981–2026 · leading case:
State v. Mangum, 150 P.3d 252 (Ariz. Ct. App. 2007).
State v. Mangum, 150 P.3d 252 (Ariz. Ct. App. 2007).
· cites it 14× “” In contrast, subsection (d) alternatively defines a prohibited possessor as, inter alia, a person “[w]ho is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in § 13-3601 or a felony offense, parole,…”
State v. Young, 965 P.2d 37 (Ariz. Ct. App. 1998).
· cites it 23× “A.R.S. § 13-3101 (7)(d) (Supp.1997). A “firearm” consists of any loaded or unloaded .”
State v. Barnett, 101 P.3d 646 (Ariz. Ct. App. 2004).
· cites it 11× “¶ 13 In so doing, we find helpful the history of § 13-3101. The section was enacted in 1978 and has been amended several times.”
State v. Kelly, 112 P.3d 682 (Ariz. Ct. App. 2005).
· cites it 11× “94 (repealing former § 13-919 along with the bulk of the former code), § 142 (implementing §§ 13-3101, -3102). When statutes are changed as part of a recodification and the function of the new statute is identical in form to the former provision, it is presumed the legislature…”
State v. McCurdy, 169 P.3d 931 (Ariz. Ct. App. 2007).
· cites it 6× “McCurdy claims there was no evidence connecting him to the 1997 California felony conviction because the state failed to show he was the same person who had been booked into the Pima County jail on April 15.”
State v. Kerr, 690 P.2d 145 (Ariz. Ct. App. 1984).
· cites it 6× “Can a person be indicted and convicted of possession of a prohibited weapon in violation of A.R.S. §§ 13-3101 and 13-3102 when the weapon has been registered in the National Firearms Registry? 5.”
State v. Clevidence, 736 P.2d 379 (Ariz. Ct. App. 1987).
· cites it 6× “Possessing a deadly weapon if such person is a prohibited possessor____ The terms “deadly weapon” and “prohibited possessor” are defined in A.R.S. § 13-3101: In this chapter, unless the context otherwise requires: 1.”
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
· cites it 5× “section 13-3101(5) 1 for purposes of A.R.”
State v. Carreon, 107 P.3d 900 (Ariz. 2005).
· cites it 2× “” A.R.S. § 13-3101, subd. A, par. 6(b) (2001).”
State Ex Rel. McDougall v. Strohson, 945 P.2d 1251 (Ariz. 1997).
· cites it 4× “A.R.S. § 13-3101(6)(d). Trial courts routinely sentence defendants to terms of probation for offenses within the judicially defined category of "petty offenses.”
— Ariz. Rev. Stat. § 13-3101(2) — 1 case
State v. Young, 965 P.2d 37 (Ariz. Ct. App. 1998).
“A.R.S. § 13-3101 (7)(d) (Supp.1997). A “firearm” consists of any loaded or unloaded .”
— Ariz. Rev. Stat. § 13-3101(4) — 2 cases
State v. Young, 965 P.2d 37 (Ariz. Ct. App. 1998).
“A.R.S. § 13-3101 (7)(d) (Supp.1997). A “firearm” consists of any loaded or unloaded .”
— Ariz. Rev. Stat. § 13-3101(5) — 4 cases
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
“section 13-3101(5) 1 for purposes of A.R.”
— Ariz. Rev. Stat. § 13-3101(5)(b) — 4 cases
State v. Clevidence, 736 P.2d 379 (Ariz. Ct. App. 1987).
“Possessing a deadly weapon if such person is a prohibited possessor____ The terms “deadly weapon” and “prohibited possessor” are defined in A.R.S. § 13-3101: In this chapter, unless the context otherwise requires: 1.”
— Ariz. Rev. Stat. § 13-3101(5)(c) — 1 case
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
“section 13-3101(5) 1 for purposes of A.R.”
— Ariz. Rev. Stat. § 13-3101(6) — 4 cases
State v. Johnson, 827 P.2d 1134 (Ariz. Ct. App. 1992).
“section 13-3101(5) 1 for purposes of A.R.”
— Ariz. Rev. Stat. § 13-3101(6)(b) — 3 cases
— Ariz. Rev. Stat. § 13-3101(6)(d) — 3 cases
State Ex Rel. McDougall v. Strohson, 945 P.2d 1251 (Ariz. 1997).
“A.R.S. § 13-3101(6)(d). Trial courts routinely sentence defendants to terms of probation for offenses within the judicially defined category of "petty offenses.”
— Ariz. Rev. Stat. § 13-3101(7) — 4 cases
State v. Young, 965 P.2d 37 (Ariz. Ct. App. 1998).
“A.R.S. § 13-3101 (7)(d) (Supp.1997). A “firearm” consists of any loaded or unloaded .”
— Ariz. Rev. Stat. § 13-3101(7)(b) — 5 cases
— Ariz. Rev. Stat. § 13-3101(7)(d) — 2 cases
State v. Young, 965 P.2d 37 (Ariz. Ct. App. 1998).
“A.R.S. § 13-3101 (7)(d) (Supp.1997). A “firearm” consists of any loaded or unloaded .”
— Ariz. Rev. Stat. § 13-3101(8) — 1 case
— Ariz. Rev. Stat. § 13-3101(A) — 2 cases
— Ariz. Rev. Stat. § 13-3101(A)(1) — 12 cases
— Ariz. Rev. Stat. § 13-3101(A)(3) — 1 case
— Ariz. Rev. Stat. § 13-3101(A)(4) — 2 cases
— Ariz. Rev. Stat. § 13-3101(A)(6) — 8 cases
State v. McCurdy, 169 P.3d 931 (Ariz. Ct. App. 2007).
“McCurdy claims there was no evidence connecting him to the 1997 California felony conviction because the state failed to show he was the same person who had been booked into the Pima County jail on April 15.”
State v. Mangum, 150 P.3d 252 (Ariz. Ct. App. 2007).
“” In contrast, subsection (d) alternatively defines a prohibited possessor as, inter alia, a person “[w]ho is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in § 13-3601 or a felony offense, parole,…”
State v. Barnett, 101 P.3d 646 (Ariz. Ct. App. 2004).
“¶ 13 In so doing, we find helpful the history of § 13-3101. The section was enacted in 1978 and has been amended several times.”
— Ariz. Rev. Stat. § 13-3101(A)(6)(b) — 10 cases
State v. Kelly, 112 P.3d 682 (Ariz. Ct. App. 2005).
“94 (repealing former § 13-919 along with the bulk of the former code), § 142 (implementing §§ 13-3101, -3102). When statutes are changed as part of a recodification and the function of the new statute is identical in form to the former provision, it is presumed the legislature…”
State v. Mangum, 150 P.3d 252 (Ariz. Ct. App. 2007).
“” In contrast, subsection (d) alternatively defines a prohibited possessor as, inter alia, a person “[w]ho is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in § 13-3601 or a felony offense, parole,…”
— Ariz. Rev. Stat. § 13-3101(A)(6)(d) — 4 cases
State v. Mangum, 150 P.3d 252 (Ariz. Ct. App. 2007).
“” In contrast, subsection (d) alternatively defines a prohibited possessor as, inter alia, a person “[w]ho is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in § 13-3601 or a felony offense, parole,…”
State v. Barnett, 101 P.3d 646 (Ariz. Ct. App. 2004).
“¶ 13 In so doing, we find helpful the history of § 13-3101. The section was enacted in 1978 and has been amended several times.”
— Ariz. Rev. Stat. § 13-3101(A)(6)(e) — 1 case
— Ariz. Rev. Stat. § 13-3101(A)(7) — 4 cases
— Ariz. Rev. Stat. § 13-3101(A)(7)(a) — 4 cases
— Ariz. Rev. Stat. § 13-3101(A)(7)(b) — 18 cases
— Ariz. Rev. Stat. § 13-3101(A)(7)(d) — 6 cases
— Ariz. Rev. Stat. § 13-3101(A)(7)(e) — 1 case
— Ariz. Rev. Stat. § 13-3101(A)(7)(f) — 1 case
— Ariz. Rev. Stat. § 13-3101(A)(8) — 1 case
— Ariz. Rev. Stat. § 13-3101(A)(8)(v) — 1 case
Annotations are extracted automatically from the opinions in the
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