It’s a simple question, but it requires us to delve into the
definitions that Arizona’s Misconduct Involving Weapons statutes uses.
First, what is a Prohibited Possessor? Under Arizona Revised Statutes § 13-3101(7),
a prohibited possessor is defined as any person who falls into the following
categories:
·
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, and has not had their right to possess a firearm
restored;
·
Has been convicted of a felony or adjudicated
delinquent for a felony and has not had their right to possess a firearm
restored;
·
At the time of possession was serving a term of
imprisonment in any correctional or detention facility;
·
At the time of possession was serving a term of
probation for a domestic violence offense or a felony offense, parole,
community supervision, work furlough, home arrest, or any other time of
release, or who is serving a term of probation or parole pursuant to interstate
compact;
·
Is an undocumented alien or a nonimmigrant alien
traveling for business or pleasure in Arizona or who is studying in Arizona and
maintains a foreign residence abroad;
o
It’s important to note that there are several
carveouts for this particular section for hunting, diplomats, otherwise
designated officials, and other reasons.
·
Has been found incompetent pursuant to Rule 11
of the Arizona Rules of Criminal Procedure and was not later found to be
competent;
·
Has been found guilty except insane of a crime.
It is a broad category, and you may not even know that you
are included. For example, if you are
serving jail time for a misdemeanor DUI and are given work release for 12 hours
of every day, you are a prohibited possessor even though you do not have a
felony conviction.
Next, we must determine what the Misconduct Involving
Weapons statute actually prohibits.
Arizona Revised Statutes § 13-3102(A)(4), the prohibited possessor
Misconduct Involving Weapons statute, prohibits knowingly possessing a deadly
weapon or prohibited weapon if you are a prohibited possessor.
So what is a deadly weapon?
A deadly weapon is defined simply by Arizona Revised Statutes §
13-3101(1) as anything that is designed for lethal use, including a firearm.
am a prohibited possessor, the answer is a resounding – depends on the
knife. A fillet knife, pocket knife,
steak knife, or other form of utility knife likely would not be
prohibited. But a switch blade, combat
knife, or martial arts blade likely is.
The specific answer in your case will likely require experienced legal
advice and perhaps the use of an expert in knife design. If you need answers about what you can and
cannot possess as a prohibited possessor, call the attorneys at AZ Defenders
today at 480-248-7666 or online for a free consultation.
Start here to find criminal defense lawyers near you.