From
www.packing.org/state/index.jsp/arizona.
Allow me to preface this by stating that
I am not a lawyer. This information is taken directly from packing.org, and jives with my understanding of the Arizona Revised Statutes. This is what I was taught in my permit class for my CCW, and what I learned there agreed with my understanding of state law.
Car/Gun law summary
Date updated: Thursday, June 3, 2004 Arizona is an open carry state-- it is legal to carry a holstered or cased loaded handgun (visibly) in your car. A.R.S. 13-3102 Misconduct involving weapons; defenses; classification; definitions A. A person commits misconduct involving weapons by knowingly: 1. Carrying a deadly weapon without a permit pursuant to section 13-3112 2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage which is carried within a means of transportation or within a storage compartment, trunk or glove compartment of a means of transportation.
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If you are carrying a pistol on your person, as long as your pistol is holstered and visible you are complying with the law. As long as your pistol is carried within a storage compartment of your vehicle, such as a glove box or center console, or it is holstered, or it is visible. you are complying with the law.
Carrying without a Permit/License
Date updated: Thursday, October 28, 2004 Arizona is an open carry state. Handguns should be holstered when not actually in use to avoid issues related to brandishing or questions regarding the concealed nature of the firearm. The law states that as long as a portion of the holster is visible, the weapon is not concealed. It is recommended that at least 2-3 inches of the holster be visible. Fanny packs designed to carry a handgun do not qualify as a holster; only permit holders may carry a weapon in a fanny pack (State v. Moerman). An unholstered handgun carried by a non-permitee which is only partially visible is considered concealed, hence the recommendation to keep carried handguns holstered. Weapons carried in a vehicle that are not in a holster or case must be clearly visible and obvious, unless the weapon is in the trunk, glove box or a storage compartment of the vehicle. Weapons may be transported/carried loaded or unloaded. Open carry is generally discouraged on tribal lands (see discussion under "Places off-limits while carrying"). Other locations may be posted "no weapons" or be covered under State or Federal law (see above).
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The law states that as long as a portion of the holster is visible then the weapon is not concealed. Note that unholstered handguns carried by non-permitees which are only partially visible are considered concealed.
Places off-limits while carrying
Date updated: Monday, January 3, 2005
* Any establishment that serves alcohol for on-premises consumption (e.g., a bar or restaurant, but not a liquor store or supermarket that sells alcoholic beverages in sealed containers). * Any establishment or event open to the public Iwhere the operator makes a reasonable request for you to give them custody or remove the weapon from the premises. A sign would qualify for such request. * The grounds of any public school, other than the parking lot. In order to be legal in the parking lot the weapon must be unloaded, and, if left in an unattended vehicle, such vehicle must be locked and the weapon out of sight. * State universities and community colleges. Community-college parking lots are treated like those of public schools. * Nuclear or hydroelectric generating stations. * Polling places on election day. * Correctional facilities (this includes the parking lot of such facility). * Game refuges (except during an authorized hunt).
A large portion of the land area in Arizona is controlled by agencies of the federal government or Indian tribes. Firearms can't be carried in areas controlled by the National Park Service (e.g., National Parks and National Monuments administered by the NPS); National Forests do not ban firearms but may limit shooting areas. Any firearm carried in a vehicle in a National Park must be unloaded, preferably disabled and secured outside the control of any occupant of the vehicle.
Theoretically, the carry of firearms on tribal land by non-Indians is regulated by state law in Arizona. However, reservations appear to have the right to ban the carry of firearms, like other property owners. Firearm carry by non-Indians is a culturally sensitive issue. So long as you are driving across tribal land on a state or federal highway, your permit to carry concealed should be honored, as long as it is honored by Arizona. Problems may occur when you leave the highway. While you may eventually prevail should a tribal officer cite or arrest you for merely carrying a firearm, your civil options to recover a confiscated firearm are entirely up to the discretion of the tribal council. Open carry on a reservation is likely to be viewed as provocative. I have been told by Navajo DPS that they will honor a permit if it is honored in the surrounding state. Thus, they would honor the Arizona permit in the Arizona and Utah portions of the reservation but not in the New Mexico portion. I have also been told by Hopi PD that they follow state law in this regard. On the other hand, I have been told that carry is not allowed on the Tonto Apache reservation, even though a gun show is held there periodically. I have been unuccessful in getting a response from the White Mountain Apache Tribal Attorney. Some tribal governments seem to have less stability than others; it would seem prudent to check with each reservation prior to a visit. Contact information for most of Arizona's tribes is available on the website of the Inter Tribal Council of Arizona. The Navajo Nation has its own website. Casinos serve alcoholic beverages so it would appear that state law would preclude a non-Indian from carrying in a tribal casino.
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In addition to noting the places that you cannot carry, please pay special note to
tribal lands. Large portions of land in Arizona are specifically reserved for various Indian tribes. As far as I know, state and/or federal highways that travel through tribal reservations are techically on state- or federally-owned land or land leased specifically for highway right-of-way, and applicable state and/or federal laws are the law of the land so to speak for that highway. When you leave the highway right-of-way it is a different story.
Here is a link to
A.R.S. 13-3102, which specifically covers Misconduct involving weapons; defenses; classification; definitions and should answer some more of your questions.
If you have any questions that need further clarification, you should contact either of the following agencies:
State Law Enforcement:
ARIZONA DEPARTMENT OF PUBLIC SAFETY
P.O. Box 6488
Phoenix, Arizona 85005
Phone: (602) 256-6280 and (800) 256-6280
Fax: (602) 223-2928
Web Homepage
Email:
[email protected]Attorney General:
ARIZONA STATE ATTORNEY GENERAL'S OFFICE
1275 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 542-4266 and (888) 377-6108
Fax: Unk
Web Homepage
Email:
[email protected] ETA: link to ARS