Arizona’s hate and gun laws have significant gaps that allow people to keep and access firearms, including assault weapons, after they have been convicted of violent hate crimes.
Access to Guns for People Convicted of Hate Crimes in Arizona
|Violence with Severe Bodily Injury||Violence with Bodily Injury||Other Crimes Involving Intentional Use of Force||Threats with Deadly Weapons|
Other Credible Threats to Physical Safety
|Federal Law||Very limited or no access||Significant access||Significant access||Some access|
|State Law||Very limited or no access||Significant access||Significant access||Some access|
Arizona law makes hate motivation a factor in criminal sentencing, but only for felonies.1(Gender identity is not included as a protected category).
Arizona does not prohibit people convicted of violent misdemeanors from accessing firearms, whether or not their crime was a hate crime, and also does not make any violent misdemeanors punishable by a term long enough to trigger federal law’s firearm restrictions.2 As a result, people convicted of violent hate-motivated crimes are generally prohibited from accessing firearms in Arizona only if their underlying crime is a felony.
Arizona classifies most violent crimes as felonies if they involve severe bodily injury, “use” of a deadly weapon, or stalking, so people convicted of the most seriously violent hate crime offenses are generally subject to both state and federal firearm restrictions.3
However, people convicted of violent hate crime misdemeanors generally remain eligible to access guns under state and federal law, including crimes involving intentional infliction of bodily injury and credible threats of violence.4
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- Ariz. Rev. Stat. Ann. §§ 13-701(D)(15); 13-707. This law makes Class 6 felonies, which are typically punishable by up to one year in prison, punishable by up to two years when they are hate crimes, thereby triggering federal firearm restrictions applicable to crimes punishable by more than one year imprisonment. 18 U.S.C. § 922 (g)(1); 18 U.S.C. § 921(a)(20)(B).
- The maximum sentence for a misdemeanor under Arizona law is six months. Ariz. Rev. Stat. Ann. § 13-707.
- See, e.g., Ariz. Rev. Stat. Ann. §§ 13-1204 (felony “Aggravated assault”); 13-2923 (felony “Stalking”).
- Ariz. Rev. Stat. Ann. §§ 13-1203 (misdemeanor “Assault”); 13-1202 (misdemeanor “Threatening or intimidating”).