Posted: 12/25/2011 9:05:59 PM EDT
| A coworker is driving from NM to AZ and is carrying her handgun with her. What is the law regarding carrying a loaded gun in the car in AZ? IIRC she can keep it in the car loaded, concealed or openly; am I right? |
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Quoted: A coworker is driving from NM to AZ and is carrying her handgun with her. What is the law regarding carrying a loaded gun in the car in AZ? IIRC she can keep it in the car loaded, concealed or openly; am I right? Correct, it can be unloaded or loaded and concealed or unconcealed. I just put mine barrel down in the cup holder in my new truck. |
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Open over the age of 18, concealed over the age of 21. Can be loaded and chambered.
Must be unloaded and out of sight on any school grounds and can be further restricted based on school regs. Must declare if asked by LEO during a legal and reasonable contact, such as traffic stop. Cannot carry into establishments that serve alcohol for consumption without CCW, cannot consume alcohol while carrying. Those are the basics, but should get her by if she's just visiting. |
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Open over the age of 18, concealed over the age of 21. Can be loaded and chambered. Must be unloaded and out of sight on any school grounds and can be further restricted based on school regs. Must declare if asked by LEO during a legal and reasonable contact, such as traffic stop. Cannot carry into establishments that serve alcohol for consumption without CCW, cannot consume alcohol while carrying. Those are the basics, but should get her by if she's just visiting. This. I make the trip between S Vista and Las Cruces often. |
LOAD UP !
ARIZONA ,ALASKA ,WYOMING AND VERMONT ACTUALY HAVE THE RIGHT TO CARRY OPEN AND CONCEALED . A PERMIT IS A PRIVILEGE ! NEW HAMPSHIRE MIGHT ALSO PASS THIS YEAR . IN MONTANA AND IDAHO THERE IS NO PERMIT NEEDED FOR CONCEALED CARRY OUT SIDE CITY LIMITS. AND OPEN CARRY IS LEGAL EVERY WHERE . |
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while this thread is fresh sorry to high jack... what is the definition for open cary in a vehicle? right now i cary my pistol in a holster in a map pocket. is that considered concealed carry or is that considered put away? Concealed means to hide from one's view - think line of sight. So that would probably be concealed depending on the compartment and which angle it is being looked at from. All that aside, we have constitutional carry so open or concealed it all doesn't matter in the long run. 
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while this thread is fresh sorry to high jack... what is the definition for open cary in a vehicle? right now i cary my pistol in a holster in a map pocket. is that considered concealed carry or is that considered put away? Concealed means to hide from one's view - think line of sight. So that would probably be concealed depending on the compartment and which angle it is being looked at from. All that aside, we have constitutional carry so open or concealed it all doesn't matter in the long run. Luke could be between 18 and 21. (where it gets a bit more complicated) |
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In regards to actual permits and justification of force, I've laid out the easy to look up ARS for y'all.
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13 13-3112. Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability A. The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section. The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit. If the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit, the person shall present the permit for inspection to any law enforcement officer on request. B. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under section 13-3101, subsection A, paragraph 7 or this section shall be immediately suspended and seized. The permit of a person who becomes unqualified on conviction of that offense shall be revoked. The permit shall be restored on presentation of documentation from the court if the permittee is found not guilty or the charges are dismissed. The permit shall be restored on presentation of documentation from the county attorney that the charges against the permittee were dropped or dismissed. C. A permittee who carries a concealed weapon, who is required by section 4-229 or 4-244 to carry a permit and who fails to present the permit for inspection on the request of a law enforcement officer commits a violation of this subsection and is subject to a civil penalty of not more than three hundred dollars. The department of public safety shall be notified of all violations of this subsection and shall immediately suspend the permit. A permittee shall not be convicted of a violation of this subsection if the permittee produces to the court a legible permit that is issued to the permittee and that was valid at the time the permittee failed to present the permit for inspection. D. A law enforcement officer shall not confiscate or forfeit a weapon that is otherwise lawfully possessed by a permittee whose permit is suspended pursuant to subsection C of this section, except that a law enforcement officer may take temporary custody of a firearm during an investigatory stop of the permittee. E. The department of public safety shall issue a permit to an applicant who meets all of the following conditions: 1. Is a resident of this state or a United States citizen. 2. Is twenty-one years of age or older. 3. Is not under indictment for and has not been convicted in any jurisdiction of a felony unless that conviction has been expunged, set aside or vacated or the applicant's rights have been restored and the applicant is currently not a prohibited possessor under state or federal law. 4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution. 5. Is not unlawfully present in the United States. 6. Has ever demonstrated competence with a firearm as prescribed by subsection N of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States. For the purposes of this paragraph, "adequate documentation" means: (a) A current or expired permit issued by the department of public safety pursuant to this section. (b) An original or copy of a certificate, card or document that shows the applicant has ever completed any course or class prescribed by subsection N of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class. (c) An original or a copy of a United States department of defense form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection N, paragraph 5 of this section. (d) An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection N, paragraph 6 of this section. F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought. The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true, that the applicant has been furnished a copy of this chapter and chapter 4 of this title and that the applicant is knowledgeable about the provisions contained in those chapters. The applicant shall submit the application to the department with any documentation prescribed by subsection E of this section, two sets of fingerprints and a reasonable fee determined by the director of the department. G. On receipt of a concealed weapon permit application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to section 41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for federal criminal history record checks. H. The department of public safety shall complete all of the required qualification checks within sixty days after receipt of the application and shall issue a permit within fifteen working days after completing the qualification checks if the applicant meets all of the conditions specified in subsection E of this section. If a permit is denied, the department of public safety shall notify the applicant in writing within fifteen working days after the completion of all of the required qualification checks and shall state the reasons why the application was denied. On receipt of the notification of the denial, the applicant has twenty days to submit any additional documentation to the department. On receipt of the additional documentation, the department shall reconsider its decision and inform the applicant within twenty days of the result of the reconsideration. If denied, the applicant shall be informed that the applicant may request a hearing pursuant to title 41, chapter 6, article 10. For the purposes of this subsection, "receipt of the application" means the first day that the department has physical control of the application and that is presumed to be on the date of delivery as evidenced by proof of delivery by the United States postal service or a written receipt, which shall be provided by the department on request of the applicant. I. On issuance, a permit is valid for five years, except a permit that is held by a member of the United States armed forces, including a member of the Arizona national guard or a member of the reserves of any military establishment of the United States, who is on federal active duty and who is deployed overseas shall be extended until ninety days after the end of the member's overseas deployment. J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state. This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A criminal justice agency shall not use the computerized permit record system to conduct inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop. K. A permit issued pursuant to this section is renewable every five years. Before a permit may be renewed, a criminal history records check shall be conducted pursuant to section 41-1750 within sixty days after receipt of the application for renewal. For the purposes of permit renewal, the permit holder is not required to submit additional fingerprints. L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety. M. The department of public safety shall suspend or revoke a permit issued under this section if the permit holder becomes ineligible pursuant to subsection E of this section. The department of public safety shall notify the permit holder in writing within fifteen working days after the revocation or suspension and shall state the reasons for the revocation or suspension. N. An applicant shall demonstrate competence with a firearm through any of the following: 1. Completion of any firearms safety or training course or class that is available to the general public, that is offered by a law enforcement agency, a junior college, a college or a private or public institution, academy, organization or firearms training school and that is approved by the department of public safety or that uses instructors who are certified by the national rifle association. 2. Completion of any hunter education or hunter safety course approved by the Arizona game and fish department or a similar agency of another state. 3. Completion of any national rifle association firearms safety or training course. 4. Completion of any law enforcement firearms safety or training course or class that is offered for security guards, investigators, special deputies or other divisions or subdivisions of law enforcement or security enforcement and that is approved by the department of public safety. 5. Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces. 6. A valid current or expired concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state and that has a training or testing requirement for initial issuance. 7. Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties. 8. Completion of any other firearms safety or training course or class that is conducted by a department of public safety approved or national rifle association certified firearms instructor. O. The department of public safety shall maintain information comparing the number of permits requested, the number of permits issued and the number of permits denied. The department shall annually report this information to the governor and the legislature. P. The director of the department of public safety shall adopt rules for the purpose of implementing and administering this section including fees relating to permits that are issued pursuant to this section. Q. This state and any political subdivision of this state shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both: 1. The permit or license is recognized as valid in the issuing state. 2. The permit or license holder is all of the following: (a) Legally present in this state. (b) Not legally prohibited from possessing a firearm in this state. R. For the purpose of establishing mutual permit or license recognition with other states, the department of public safety shall enter into a written agreement if another state requires a written agreement. S. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, unless that conviction is expunged, set aside or vacated or the person's rights have been restored and the person is currently not a prohibited possessor under state or federal law. T. The department of public safety may issue certificates of firearms proficiency according to the Arizona peace officer standards and training board firearms qualification for the purposes of implementing the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law enforcement agency shall issue to a law enforcement officer who has honorably retired a photographic identification that states that the officer has honorably retired from the agency. The chief law enforcement officer shall determine whether an officer has honorably retired and the determination is not subject to review. A law enforcement agency has no obligation to revoke, alter or modify the honorable discharge photographic identification based on conduct that the agency becomes aware of or that occurs after the officer has separated from the agency. 4-229. Licenses; handguns; posting of notice A. A person with a permit issued pursuant to section 13-3112 may carry a concealed handgun on the premises of a licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. The sign shall conform to the following requirements: 1. Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises. 2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm. 3. Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229". B. A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted the notice prescribed in subsection A of this section. C. It is an affirmative defense to a violation of subsection B of this section if: 1. The person was not informed of the notice prescribed in subsection A of this section before the violation. 2. Any one or more of the following apply: (a) At the time of the violation the notice prescribed in subsection A of this section had fallen down. (b) At the time of the violation the person was not a resident of this state. (c) The licensee had posted the notice prescribed in subsection A of this section not more than thirty days before the violation. D. The department of liquor licenses and control shall prepare the signs required by this section and make them available at no cost to licensees. E. The signs required by this section shall be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall consume a space at least six inches by nine inches. The letters comprising the words "no firearms allowed" shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch. Nothing shall prohibit a licensee from posting additional signs at one or more locations on the premises. F. This section does not prohibit a person who possesses a handgun from entering the licensed premises for a limited time for the specific purpose of either: 1. Seeking emergency aid. 2. Determining whether a sign has been posted pursuant to subsection A of this section. 13-404. Justification; self-defense A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force. B. The threat or use of physical force against another is not justified: 1. In response to verbal provocation alone; or 2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or 3. If the person provoked the other's use or attempted use of unlawful physical force, unless: (a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and (b) The other nevertheless continues or attempts to use unlawful physical force against the person. 13-405. Justification; use of deadly physical force A. A person is justified in threatening or using deadly physical force against another: 1. If such person would be justified in threatening or using physical force against the other under section 13-404, and 2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force. B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act. 13-406. Justification; defense of a third person A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect. 13-407. Justification; use of physical force in defense of premises A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises. B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406. C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not. 13-408. Justification; use of physical force in defense of property A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411 13-421. Justification; defensive display of a firearm; definition A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force. B. This section does not apply to a person who: 1. Intentionally provokes another person to use or attempt to use unlawful physical force. 2. Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03. C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force. D. For the purposes of this section, "defensive display of a firearm" includes: 1. Verbally informing another person that the person possesses or has available a firearm. 2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force. 3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport. |
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while this thread is fresh sorry to high jack... what is the definition for open cary in a vehicle? right now i cary my pistol in a holster in a map pocket. is that considered concealed carry or is that considered put away? Concealed means to hide from one's view - think line of sight. So that would probably be concealed depending on the compartment and which angle it is being looked at from. All that aside, we have constitutional carry so open or concealed it all doesn't matter in the long run. Luke could be between 18 and 21. (where it gets a bit more complicated) Good point. See my post above with actual verbage of the law. 
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Cannot carry into establishments that serve alcohol for consumption without CCW, cannot consume alcohol while carrying. Just to add even more clarity, the bold part only applies when in an establishment as described in the prior sentence. If you're at home, at a friend's house, basically any place that it's legal to drink in the first place and that doesn't have a liquor license (for on-premises consumption) you can get royally shitfaced while carrying, if you so desire =) |
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Open over the age of 18, concealed over the age of 21. Can be loaded and chambered. I think its different in vehicles. An 18-20 y.o. can have a firearm in "a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment within a means of transportation." ARS 13-3102 Subsection B paragraph 3, (e) The way I read this it seems an 18-20 year old can carry a loaded gun in a vehicle as long as its stored as written. |
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Open over the age of 18, concealed over the age of 21. Can be loaded and chambered. I think its different in vehicles. An 18-20 y.o. can have a firearm in "a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment within a means of transportation." ARS 13-3102 Subsection B paragraph 3, (e) The way I read this it seems an 18-20 year old can carry a loaded gun in a vehicle as long as its stored as written. that is what i had read and why i had been carrying my pistol in such a manor i was just trying to clarify |