Gun laws in Arizona
 

Gun laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state ofArizona in the United States.

 

Contents

bullet 1 Summary
bullet 2 Concealed carry
bullet 3 State preemption
bullet 4 Discharging a firearm
bullet 5 Prohibited areas
bullet 6 Prohibited persons
bullet 7 References

 

Summary

 

Subject / Law

 

Long-guns Hand-guns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? Partial Partial ARS 13-3101 State law duplicates some of the registration requirements of the National Firearms Act.
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? Yes * Yes* ARS 13-3112 Concealed carry over the age of 21 in most places no longer requires a permit as of July 29, 2010. Although not required, a concealed carry permit may still be obtained and has certain advantages.
State Preemption of local restrictions? Partial Partial ARS 13-3108 Explained below.
NFA weapons restricted? Partial Partial ARS 13-3101 It is a violation of state law to possess some NFA weapons except as permitted by federal law.
Peaceable Journey laws? No No None Federal rules observed.

 

Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes.[1] There is no registration or licensing of non-NFA
firearms in Arizona. In fact, Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring
licensing or registration.[2] According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source;
however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees.

 

 Concealed carry

Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona
Department of Public Safety. Requirements for issuance include taking a training class (provided by a licensed third party) or hunter education
class, submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years.
Permits issued before August 12, 2005 are valid for four years.[3] Renewing a permit requires only an application and finger print card.
However, effective December 31, 2007 the finger print card requirement for renewal is scheduled to end.[4] Arizona recognizes almost all
valid out-of-state carry permits, with few exceptions.
[5]

On April 16, 2010, governor Jan Brewer signed into law a bill that legalizes the carrying of concealed firearms and other weapons in most
places without a permit for adults over 21 years of age. Arizona will still issue concealed carry permits for purposes of reciprocity for carrying
concealed weapons in other states and permits will still be required for carrying in certain sensitive areas within Arizona such as in bars or on
school grounds. Open carry without a permit will still be legal in most places for 18-20 year-olds, and for emancipated juveniles. This law took
effect July 29, 2010. Arizona is only the third state in modern U.S. history (after Vermont and Alaska) to allow the carrying of concealed
weapons without a permit, and it is the first state with a large urban population to do so.
[6]

On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard. Generally, a person must be at least 18 years
of age to possess or openly carry a firearm. However, this does not apply to:

bulletJuveniles within a private residence.
bulletEmancipated juveniles.
bulletJuveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor
acting with the consent of the juvenile's parent or guardian.
bulletJuveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian.
bulletJuveniles fourteen years of age and up engaged in any of the following activities:
bulletLawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm
is not prohibited.
bulletLawful transportation of an unloaded firearm for lawful hunting.
bulletLawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship
practice at established ranges or other areas where the discharge of a firearm is not prohibited.
bulletActivities that require a firearm related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or
in the production or storage of agricultural commodities.
[7]

The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court
decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other
place not immediately accessible. "Plain view" means that the firearm would be discernible from the ordinary observation of a person located
outside and within the immediate vicinity of the vehicle. After the new Alaska-style carry law goes into effect, these restrictions will apply only
to those under the age of 21.

 

 State preemption

The Arizona legislature has largely preempted political subdivisions (counties, cities) from passing their own firearms laws. Political
subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when such employees or contractors
are acting within the course and scope of their employment or contract. Public establishments and events where carry by non-permit holders
is prohibited must provide secure storage for weapons on-site, which must be readily accessible upon entry and allow for immediate retrieval
upon exit.
[8]

Indian reservations, which comprise over a quarter of the land area of the state, are exempt from the preemption statute, and may have gun
laws considerably more restrictive than state law.[9] However, these laws do not usually apply to non-tribal members passing through a
reservation in a continuous journey on a major highway.

 

 Discharging a firearm

It is generally illegal to discharge a firearm within or into the limits of any municipality. However, this prohibition does not apply to persons
discharging firearms in the following circumstances:

bulletOn a properly supervised range.
bulletIn an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief
of police (Any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish
department.)
bulletFor the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
bulletBy special permit of the chief of police of the municipality.
bulletAs required by an animal control officer in the performance of duties.
bulletFiring blank cartridges.
bulletMore than one mile (1.6 km) from any occupied structure.
bulletIn self-defense, or defense of another person against an animal attack if a reasonable person would believe deadly physical force
against the animal is immediately necessary and reasonable under the circumstances to protect a person from harm.
bulletIn self-defense or, in defense of another person against a criminal attack as permitted by the laws regarding defensive use of force.[10]

While discharging a firearm using blanks within the limits of a municipality is not expressly prohibited by law, disturbing the peace
(ARS 13-2904) or other charges could still apply.
[11]

 

 Prohibited areas

State law prohibits the carrying of firearms in certain areas. These prohibited areas include:

bulletHydroelectric or nuclear power generating stations. However, this does not apply to:
bulletA peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official
duties.
bulletA member of the military forces of the United States or of any state of the United States in the performance of official duties.
bulletA warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state
department of corrections or the department of juvenile corrections.
bulletA person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
bulletPolling places on election day. However, this does not apply to:
bulletA peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official
duties.
bulletA member of the military forces of the United States or of any state of the United States in the performance of official duties.
bulletA warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state
department of corrections or the department of juvenile corrections.
bulletA person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
bulletSecured areas of airports. However, this does not apply to:
bulletGeneral aviation areas not included in the security identification display area or sterile area as defined in the airport security program
approved by the transportation security administration.
bulletThe lawful transportation of deadly weapons in accordance with state and federal law.
bulletA peace officer or a federally sworn officer while in the actual performance of the officer's duties.
bulletA member of the military forces of the United States or of any state of the United States in the actual performance of the member's
official duties.
bulletAn individual who is authorized by a federal agency in the actual performance of the individual's official duties.
bulletInside a jail or on the grounds thereof.
bulletK-12 School grounds. However, this does not apply to:
bulletFirearms possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
bulletFirearms for use on the school grounds in a program approved by the school.
bulletUnloaded firearms carried inside a means of transportation and under the control of an adult, provided that if the adult leaves the
means of transportation, it is locked and the firearms are not visible from the outside.
bulletA peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official
duties.
bulletA member of the military forces of the United States or of any state of the United States in the performance of official duties.
bulletA warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state
department of corrections or the department of juvenile corrections.
bulletA person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
bulletEstablishments which are licensed to sell alcohol for consumption on the premises. However, this does not apply to:
bulletThe licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the
licensed premises.
bulletA person who is on the premises for a limited time to seek emergency aid, if such person does not buy, receive, consume, or
possess alcohol while there.
bulletHotel or motel guest room accommodations.
bulletThe exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.
bulletA person with a concealed carry permit who carries a concealed handgun, provided that there is no notice posted forbidding such,
and provided that the concealed carry permit holder consumes no alcohol while on the premises.
bulletPeace officers or members of a sheriff's volunteer posse while on duty who have received firearms training that is approved by the
Arizona peace officer standards and training board.
bulletGame refuges. However, this does not apply to:
bulletFirearms possessed under seal or by written consent of the game commission.
bulletPersons traversing refuges or over roads therein carrying unloaded devices.
bulletLandowners, lessees, permittees, their employees, or licensed trappers carrying arms while performing lawful duties.
bulletOfficers of the law in performance of official duties.
bulletAny private property or private establishment where the owner or any other person having lawful control over the property has given
reasonable notice forbidding the carriage of deadly weapons or firearms. However, this does not apply to:
bulletOfficers of the law who are legally executing official duties
bulletLawfully possessed firearms that are in a locked and privately owned vehicle or in a locked compartment on a privately owned
motorcycle and that are not visible from outside the vehicle or motorcycle.
bulletAny public college or university where the carriage of deadly weapons or firearms has been prohibited by the governing board

In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a
firearm at a jail or in a hydroelectric or nuclear power generating station is a felony. Carrying a firearm in any other prohibited area, absent
any other concomitant criminal conduct, is a misdemeanor. Carrying a firearm on private property or in a private establishment where it has
been forbidden by the owner or another person having lawful control over the property is not expressly prohibited by law, but is held to
constitute misdemeanor trespass. Carrying a firearm at a public college or university where it has been prohibited by the governing board is
not expressly prohibited by law, but is held to violate provisions of ARS 13-2911, which prohibits "interference with or disruption of an
educational institution". The restrictions pertaining to licensed liquor establishments do not apply to liquor stores or other stores that sell only
closed containers of alcohol for consumption off the premises.[12] [13][14] [15][16]
[17]

 

 Prohibited persons

State law prohibits the possession of firearms by certain categories of people. These prohibited possessors include:

bulletAnyone who has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled
pursuant to court order under ARS 36-540, and whose right to possess a firearm has not been restored pursuant to ARS 13-925. This
statute places the burden on the prohibited possessor to present "clear and convincing" psychological or psychiatric supporting evidence
that the prohibited possessor no longer suffers from the mental disorder that led to the finding that the person constituted a danger to
himself or others or was persistently or acutely disabled or gravely disabled. ARS 13-925 contains no provision for immunity from civil
liability for expert witnesses or treating medical professionals to either the prohibited possessor or to third parties for harm caused by
negligence in rendering the expert opinion or testimony or evaluation regarding the patientís mental health status.
bulletAnyone convicted of a felony, or who has been adjudicated delinquent for a felony, and whose State civil right to possess or carry a gun
or firearm has not been restored.
bulletAnyone who is, at the time of possession, serving a term of imprisonment in any correctional or detention facility.
bulletAnyone who is, at the time of possession, serving a term of probation pursuant to a conviction for a domestic violence offense or a
felony offense, parole, community supervision, work furlough, home arrest, or release on any other basis, or who is serving a term of
probation or parole pursuant to an interstate compact.
bulletAnyone who is an undocumented alien or a nonimmigrant alien, traveling with or without documentation for business or pleasure, or who
is studying in Arizona and maintains a foreign residence, except for:
bulletNonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a state in the United States.
bulletNonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a
sports or hunting trade show sponsored by a national, state, or local firearms trade organization devoted to competitive or sporting
use of firearms.
bulletCertain diplomats.
bulletOfficials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
bulletPersons who have received a waiver from the United States attorney general.[18]

 

 References