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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
trafficking weapons or explosives
Purpose
Prohibits a person who is convicted of trafficking three or more weapons or explosives in one or multiple offenses from being eligible for suspension of sentence, probation, pardon or release on any basis until the sentence is served.
Background
A person commits misconduct involving weapons by knowingly engaging in various illegal acts involving weapons, including discharging a firearm at an occupied structure in furtherance of gang activity, defacing a deadly weapon, possessing a deadly weapon on a premises where such possession is prohibited, and trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise. Misconduct involving weapons involving the trafficking of weapons or explosives is classified as a class 3 felony (A.R.S. § 13-3102). A class 3 felony carries a presumptive sentence of 3.5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801).
The Director of
the Arizona Department of Corrections, Rehabilitation and Reentry may authorize
the temporary removal of a prisoner from custody for outlined reasons,
including:
1) work release; 2) medical research; 3) compassionate leave; 4) preparatory
community reentry purposes; and 5) for disaster aid (A.R.S.
§ 31-233).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person who is convicted of a completed or preparatory offense involving trafficking a weapon or an explosive from being eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized, if the offense involved three of more weapons or explosives in one offense or all offenses that are consolidated for trial.
2. Specifies that, in order to commit trafficking a weapon or explosive, a person:
a) does not need to engage in trafficking the weapon or explosive for financial gain; and
b) only needs to engage in trafficking of a single weapon or explosive, rather than multiple.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Senate Action
JUD 1/14/26 DP 7-0-1-1
3rd Read 2/10/26 46-9-5
Prepared by Senate Research
February 26, 2026
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