A routine traffic stop on Speedway Blvd shouldn’t be able to change your life. But if you have a prior felony conviction (and your gun rights have not been resotred) and police find a firearm in your vehicle — even one you didn’t know about, even one that belongs to someone else — that stop can turn into a serious felony weapons charge in a matter of minutes. If you’re searching for a Tucson prohibited possessor lawyer, this post is for you. Here’s what you need to know about how these cases happen, what Arizona law actually says, and how the Tucson criminal defense lawyers at Lerner and Rowe Law Group fight back.
What Is a “Prohibited Possessor” Under Arizona Law (A.R.S. 13-3101)?
Under A.R.S. 13-3101, Arizona defines a “prohibited possessor” as any person who is legally barred from owning, possessing, or carrying a firearm. That includes:
- Anyone convicted of a felony in Arizona or any other state
- Anyone currently on probation for a domestic violence offense
- Anyone who has been found incompetent or dangerous by a court
- Anyone subject to a restraining order that involves domestic violence
- Undocumented individuals
If you fall into any of those categories and you’re found with a firearm — or even ammunition — you can be charged under A.R.S. 13-3102, Arizona’s misconduct involving weapons statute.
The charge isn’t a misdemeanor. It’s a Class 4 felony, which carries a presumptive sentence of 2.5 years in state prison and significantly more if your prior record triggers sentence enhancements.
How Traffic Stops on Speedway Blvd and I-10 Lead to Weapon Charges
Tucson Police and Pima County Sheriff’s deputies conduct a high volume of traffic stops along corridors like Speedway Blvd, Oracle Road, and I-10. What starts as a broken taillight, expired registration, or a minor traffic infraction can escalate fast.
Here’s how it typically unfolds:
- An officer pulls a vehicle over for a minor violation.
- During the stop, the officer notices something that creates “reasonable suspicion” — maybe there’s a visible firearm, maybe someone appears nervous, maybe the officer claims to smell marijuana.
- The officer requests consent to search the vehicle or claims probable cause to do so without consent.
- A firearm is found — in the glove box, under a seat, in a bag in the back seat, or in the trunk.
- Every felon in possession of a firearm in AZ or any other person in that vehicle who is a prohibited possessor can potentially be charged.
That last point is where things get complicated. Just because the gun isn’t in your hand—or wasn’t yours—doesn’t automatically protect you.
Understanding Pima County Constructive Possession Weapon Charges
“Constructive possession” is one of the most contested legal concepts in Arizona weapons cases. You don’t have to be holding a firearm to be charged with possessing it. Under Arizona law, you can be charged if the prosecution argues that you:
- Knew the firearm was present
- Had the ability to exercise control over it
So if you’re the driver of a car and a gun is found under the passenger seat, the prosecution may argue that you had constructive possession — even if you never touched it and the gun belonged to a passenger.
In Pima County constructive possession weapon cases, prosecutors lean heavily on circumstantial evidence: Who owns the car? Whose belongings are near the weapon? Did anyone make a statement at the scene?
This is exactly why what you say, and don’t say, at the scene matters so much. You have the right to remain silent. Use it.
Tucson Prohibited Possessor Lawyer: What this Charge Actually Covers
A.R.S. 13-3102 is a broad statute. Misconduct involving weapons in Tucson can be charged in a number of scenarios beyond just prohibited possession. The statute covers:
- Manufacturing, possessing, transporting, or transferring a prohibited weapon (such as a sawed-off shotgun or silencer)
- Carrying a firearm in a school zone
- Providing a firearm to a prohibited possessor
- Carrying a concealed weapon while under the influence
For prohibited possessors specifically, the offense is a Class 4 felony. If the firearm involved is a prohibited weapon — like a short-barreled rifle — the charge escalates to a Class 3 felony, which carries even steeper sentencing ranges.
When you have prior convictions in your record, Arizona’s sentencing laws can stack quickly. That’s why it’s critical to have a Tucson gun charge attorney who understands how to challenge both the evidence and the charge itself.
How Our Tucson Prohibited Possessor Lawyer Team Fights These Charges
Being charged is not the same as being convicted. There are real, substantive defenses available in these cases—and our team pursues every one of them.
Challenging the Stop Itself
If the initial traffic stop wasn’t legally justified, everything that follows may be suppressed. Officers need reasonable articulable suspicion to pull you over. If they didn’t have it, a motion to suppress can knock out the evidence entirely.
Challenging the Search
Though there may be a constitutional search and seizure for making the traffic stop, police generally require your permission or legitimate legal justification before searching your car. If they have neither, the firearm might very well be suppressed. Every aspect of the search and every reason given for it is carefully reviewed.
Challenging Constructive Possession
It must be proven beyond a reasonable doubt that the accused was aware of the weapon’s existence and had dominion and control over it. Where the accused had nothing whatsoever to do with the weapon, charges tend to be thrown out.
Challenging the Prohibited Possessor Prior Conviction
Occasionally, there may be a question with respect to the prior conviction upon which the charge of prohibited possessor is founded. The prior conviction may have been improperly certified, committed in another state under other laws, or been unconstitutional in and of itself.
Reducing Your Charge or Seeking Alternative Sentencing
In the event that your case has damning evidence stacked against you, it is still possible for us to explore other means by which to lessen your charge and negotiate plea deals that will allow you to skip mandatory incarceration and pursue alternatives to sentencing in Pima County.
Contact a Tucson Prohibited Possessor Lawyer Today
Being a felon in possession of a firearm in Arizona can haunt you for the rest of your life—limiting where you are allowed to live, where you are permitted to work, and restricting your rights to own a firearm for the rest of your life.
Our team of Tucson defense attorneys know all about the legal process in Pima County. We know the court system and the people involved and can build you the defense strategy you need to protect your future.
If you are facing charges after a traffic stop involving a gun in Arizona, contact Lerner and Rowe Law Group today by giving us a call, filling out our contact form, or using LiveChat. We’re ready to fight hard for you.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.