Legal Question in Criminal Law in Arizona

Misconduct involving weapons

My husband was pulled over with a hand gun in his vehicle and charged with misconduct involving weapons because he was on probation. When the police tested his gun in the shooting range they discoved it was non-functional. The firing pin needs to be replaced. I want to know what the law is on carrying a gun that does not work even if it can be made functional again. At the time he was in possesion of it, the gun did not work.

Asked on 2/20/06, 12:21 pm

1 Answer from Attorneys

Mark Lazell Mark Lazell P.C.
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Re: Misconduct involving weapons

My opinion is that if the weapon is capable of expelling a projectile. It is misconduct with a weapon. If the weapon is not capable of expelling a projectile it may still be a violation of probation but definately not a new charge.

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Answered on 2/20/06, 12:51 pm

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