Posted on April 11, 2019 in assault & violent crimes
If I am a prohibited possessor can I still carry a knife?
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:
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.
So the ultimate question of can I still carry a knife if I 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 480-456-6400 or online for a free consultation.