Gun Charges Defense Attorney in Tucson

Many Tucson, AZ, residents own guns due to the state's relaxed gun laws. However, sometimes things can go wrong, leading to legal issues. Whether you've made a mistake or are falsely accused, dealing with gun-related charges can be confusing and overwhelming. Understanding Arizona gun laws and what to expect in the legal system is essential. Because the legal system can be challenging, hiring an attorney is recommended to help you understand the details of your case.

If you have been charged with a gun crime in Tucson, it is important to contact an experienced criminal defense attorney as soon as possible. Our criminal defense firm not only provides excellent representation in the courtroom but also considers the potential long-term effects receiving a gun crime can have on your future. We will work closely with you to ensure your rights are defended, and you get the best result possible based on your case's circumstances. We offer a free case evaluation so that you can best understand your next steps. Contact us today to schedule an appointment.

Arizona Attorneys for Criminal Justice
Ms. Molnar is an amazing woman and lawyer she helped me through a very long fight on a case and didn't give up she works hard and fights for her clients. I highly recommend Ms. Molnar and her services. You will not be disappointed in her services.
Rafael G.

What is Considered a Firearm in Arizona?

Types of Firearms:

  • Handgun: A firearm designed to be held and fired with one hand. This category generally encompasses both pistols and revolvers.

  • Pistol: A type of handgun where the chamber is integral to the barrel, allowing for quicker reloading than a revolver.

  • Revolver: A repeating handgun that has a revolving cylinder containing multiple chambers (typically five or six), each holding a single cartridge.

  • Rifle: A firearm designed to be fired from the shoulder and use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

  • Shotgun: A smoothbore firearm designed to discharge multiple pellets, or sometimes a single slug, with each pull of the trigger, generally used for hunting or sport.

Condition of the Firearm:

  • The definition covers both loaded and unloaded firearms. This means that a person doesn't need to have ammunition in the firearm for it to be legally considered a firearm under Arizona law.

Capability to Expel a Projectile:

  • A key component of the definition is the firearm's ability to expel a projectile by the action of an explosive. This means the firearm operates by using the force from an explosive reaction to project the bullet or shot.

  • Additionally, even if the weapon is currently in a condition where it can't fire if it can readily be converted to do so, it is still considered a firearm. This covers weapons that may be temporarily disabled but can be easily made operable.


  • The definition excludes firearms that are in a "permanently inoperable condition." This is important for collectors or individuals who might have decommissioned firearms purely for display or historical purposes. A permanently inoperable condition means the firearm cannot be fired or readily modified to be operable.

Types of Gun Charges and Penalties in Arizona

Arizona's gun laws are among the most permissive in the United States. However, violations of these laws can still lead to significant legal consequences, ranging from minor offenses to grave felonies.

Unlawful Discharge of a Firearm: Firing a gun where it is not allowed, especially within city limits, without a valid justification. This is often referred to as "Shannon's law" in Arizona. 

  • Class 6 felony
  • Penalties can include up to 2 years in prison.

Misconduct Involving Weapons: This broad category captures various offenses:

  • Carrying a concealed weapon without the appropriate authorization, even though Arizona allows for constitutional carry.
  • Being in possession of a firearm when one is legally prohibited, like individuals with certain felony convictions or certain restraining orders against them.
  • Bringing a weapon into places where they are explicitly banned, such as some government buildings or schools. Ranges from a Class 1 misdemeanor to a Class 2 felony, depending on the specifics of the violation.
  • Penalties can range from up to 6 months in jail for a Class 1 misdemeanor to up to 12.5 years in prison for a Class 2 felony.

Aggravated Assault with a Deadly Weapon: Using or merely presenting a firearm in a manner that threatens another individual's safety. This doesn't necessarily mean the gun was fired. 

  • Class 2 or Class 3 felony, depending on the circumstances.
  • Penalties can range from 5 to 15 years in prison for a Class 2 felony and 2 to 8.75 years for a Class 3 felony.

Armed Robbery: Committing a robbery while armed with a firearm. It's the use or threat of the gun during the theft that elevates a robbery charge to armed robbery. 

  • Class 2 felony
  • A conviction can lead to a prison term ranging from 7 to 21 years.

Negligent Homicide: This occurs when someone unintentionally causes the death of another person through careless handling or use of a firearm.

  • Class 4 felony if committed with a dangerous instrument, such as a firearm.
  • Penalties typically range from 4 to 8 years in prison.

Manslaughter: This occurs when someone unintentionally causes the death of another person through recklessness or specific circumstances that led to the death. The offender knew their actions could cause death but acted anyway. Additionally, manslaughter encompasses other specific situations, like causing the death of another person in the heat of passion or due to a sudden fight.

  • Class 2 felony
  • Penalties can range from 4 to 10 years in prison.

First-Degree Murder: The intentional or reckless killing of another person with a firearm. First-degree murder typically involves premeditation.

  • Class 1 felony
  • Penalties can range from life imprisonment to the death penalty.

Second-Degree Murder: This charge does not require premeditation. Instead, it involves an intentional killing without prior planning or in situations where the defendant should have known their actions would cause death or serious harm.

  • Class 1 felony
  • Penalties typically range from 10 to 25 years in prison.

Remember, owning and using a firearm comes with immense responsibility. It's crucial for gun owners to familiarize themselves with local and state laws to avoid potential legal consequences. If facing any of these charges, it's highly recommended to seek legal counsel immediately.


First Degree Murder

Case Result:
Acquitted at Trial

Molestation Charges

Case Result:
Charges Dismissed

False Abuse Charges

Case Result:
Charges Dismissed

Stealing Accusations

Case Result:
Acquitted at Trial
Why Clients Choose Us
Contact a Gun Crimes Defense Attorney in Tucson

Facing gun crime charges in Tucson, Arizona, can be a distressing and life-altering event. Arizona treats gun crimes with utmost seriousness, and the penalties upon conviction can be severe, especially for those with prior offenses. The consequences might encompass imprisonment, significant fines, probation, mandatory educational programs or community service, and, potentially, a lasting criminal record.

As your dedicated attorney in Tucson experienced in cases of gun crimes, we are committed to offering you unwavering support and guidance during this challenging phase. We comprehend the significant impact such a charge can have on your reputation and livelihood, and it's our endeavor to provide you with the required support, clear direction, and robust legal representation.

If you've been charged with a gun-related crime, please reach out to us promptly to arrange a complimentary case evaluation. The primary aim of this evaluation is to clarify the charges you're contending with and guide you through the coming steps you should consider. Our firm serves the locales of Tucson, Oro Valley, Marana, South Tucson, and other surrounding sectors of Pima County. We're also equipped to assist residents from Nogales, Rio Rico, and additional regions within Santa Cruz County.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Molnar Law Office's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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