Law Applicable to Firearms Violations
A weapon is concealed if it can not bee seen by "'ordinary observation (State
v. Adams, 198 Ariz. 235, Versuslaw paragraph 39 (Ariz.App. 1997)).'"
A.R.S. 13-3101. 6. defines a "Prohibited possessor" as: (a) Anyone who has
been found to be a danger to himself or others or, (b) Is a convicted felon or
has been adjudicated delinquent and who has not had the right to possess a
firearm restored or, (c) Is in prison or jail and or (d) is on probation.
Misconduct with a Weapon requires "more than a mere temporal nexus
between... guns... and... drugs (State v. Petrak, 198 Ariz. 260, Versuslaw
paragraph 12 (Ariz.App. 1998))."
"[A] broken weapon that needs repair may constitute a firearm if it can be
readily restored to operability (State v. Young, 965 P.2d 37, Versuslaw
paragraph 34 (Ariz.App. 1998))." "[P]ermanent inoperability is an affirmative
defense to...firearm (Id. at Versuslaw paragraph 39)" offenses.
A.R.S. 13-3105. A. A conviction for any felony where a weapon "was used,
displayed or unlawfully possessed" results in forfeiture of the weapon.
Pursuant to 18 U.S.C. 922 (g) (9) anyone "convicted in any court of a
misdemeanor crime of domestic violence" can not possess a firearm.
Defendant is sentenced for using a firearm in a drug trafficking offense, for
the predicate offense plus five (5) years, 18 U.S.C. 924( c) (1)(A)(i).
