Arizona Gun Law

[SkyHog]

So, I'm leaving on a roadtrip with my girlfriend in a few hours, and I intend to carry my gun with me (because I'm not stupid). Arizona law appears to say the following:

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 except a pocket knife
concealed on his person; or
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 that is carried within a means of transportation or within
a storage compartment, trunk or glove compartment of a means of transportation.

Two things: It appears that this means I can carry the gun, in my car, without issue in Arizona, probably in the glovebox, is that right?

Also - can I carry the gun on my hip in Arizona, also without a problem, provided it is not hidden in any way?

 

[Maxmosbey]

So, I'm leaving on a roadtrip with my girlfriend in a few hours, and I intend to carry my gun with me (because I'm not stupid). Arizona law appears to say the following:


Two things: It appears that this means I can carry the gun, in my car, without issue in Arizona, probably in the glovebox, is that right?

Also - can I carry the gun on my hip in Arizona, also without a problem, provided it is not hidden in any way?

According to a friend of mine who is from Arizona, you are right. According to him, you will notice that I keep saying according to him, it is against the law to carry a weapon concealed, but if you want to hang it out there for everyone to see, you can do that. The other thing is that local jurisdictions can make their own laws in regards to carrying weapons, as long as they are not less restrictive than state law. He says that you need to be careful especially in large metropolitan areas, as different suburbs have different laws in regards to carrying weapons, and as you pass through them, they change. Again, my friend says all this. He is from Arizona and goes back to visit his mother all the time, but he has been living here in Iowa for quite a while. So take it for what it is worth.

 

[Obi Heed Kenobi]

According to a friend of mine who is from Arizona, you are right. According to him, you will notice that I keep saying according to him, it is against the law to carry a weapon concealed, but if you want to hang it out there for everyone to see, you can do that. The other thing is that local jurisdictions can make their own laws in regards to carrying weapons, as long as they are not less restrictive than state law. He says that you need to be careful especially in large metropolitan areas, as different suburbs have different laws in regards to carrying weapons, and as you pass through them, they change. Again, my friend says all this. He is from Arizona and goes back to visit his mother all the time, but he has been living here in Iowa for quite a while. So take it for what it is worth.

Another thing to keep in mind is that, simply because the law allows it, doesn't meant that people know the law allows it. What I mean is that if you're strolling down a Phoenix street with the old six-shooter on your hip, you can expect: 1) someone to call 911; and 2) the police to contact you to see if you're some kind of threat, even though they know the allows it (absolutely nothing unconstitutional with them approaching you to see what's up). Right or wrong, if you're walking around with a holstered pistol in anywhere but, I don't know, Wynona, you're going to draw some attention.

So, even though I think that law is pretty clear (and I am making absolutely no legal recommendations here), keep what I've written in mind.

 

[SkyHog]

Another thing to keep in mind is that, simply because the law allows it, doesn't meant that people know the law allows it. What I mean is that if you're strolling down a Phoenix street with the old six-shooter on your hip, you can expect: 1) someone to call 911; and 2) the police to contact you to see if you're some kind of threat, even though they know the allows it (absolutely nothing unconstitutional with them approaching you to see what's up). Right or wrong, if you're walking around with a holstered pistol in anywhere but, I don't know, Wynona, you're going to draw some attention.

So, even though I think that law is pretty clear (and I am making absolutely no legal recommendations here), keep what I've written in mind.

I only ask because we'll be going through some pretty rural and backwoodsy areas....I don't plan on donning my pistol in any decent sized city (probably not even in Winslow).

Thanks! I just wanted to make sure I was interpreting the law correctly.

 

[Obi Heed Kenobi]

I only ask because we'll be going through some pretty rural and backwoodsy areas....I don't plan on donning my pistol in any decent sized city (probably not even in Winslow).

Thanks! I just wanted to make sure I was interpreting the law correctly.

Where are you going, if you don't mind me asking?

 

[jesse]

Nick..for reference look at:
http://opencarry.org/az.html
Be damn careful and do your research. A gun charge is not something you want on your record.

It doesn't appear that Arizona local municipal laws can over-ride the state firearm laws thankfully--like they can and do in Nebraska--which makes it rather difficult to be aware and comply with all the laws.

Also, David has a point, just because open-carry is legal doesn't mean it won't cause a huge hassle for you. The same thing applies for legal concealed and carry--if the wrong person ever notices you're concealing a handgun you might just be the suspect on the next "MAN IS IN A STORE AND IS HIDING A GUN!" 911 call.

 

[SkyHog]

Where are you going, if you don't mind me asking?

We don't really have a destination per se. Probably Flagstaff or so. We just wanted to GTFO of Albuquerque, and west looks fun

 

[Henning]

I only ask because we'll be going through some pretty rural and backwoodsy areas....I don't plan on donning my pistol in any decent sized city (probably not even in Winslow).

Thanks! I just wanted to make sure I was interpreting the law correctly.

Well then you might as well leave it at home since you won't be carrying where you're most likely to be needing....

 

[SkyHog]

Nick..for reference look at:
http://opencarry.org/az.html
Be damn careful and do your research. A gun charge is not something you want on your record.

It doesn't appear that Arizona local municipal laws can over-ride the state firearm laws thankfully--like they can and do in Nebraska--which makes it rather difficult to be aware and comply with all the laws.

Thanks! I appreciate that. I wonder if Meteor Crater is considered a game refuge....

Also, David has a point, just because open-carry is legal doesn't mean it won't cause a huge hassle for you. The same thing applies for legal concealed and carry--if the wrong person ever notices you're concealing a handgun you might just be the suspect on the next "MAN IS IN A STORE AND IS HIDING A GUN!" 911 call.

Yeah, I know. I generally don't open carry in familiar areas or in stores, because of the hassle. But the west is still very much the wild west, and I don't want to have to deal with something crazy if I can avoid it. Gun on hip generally makes the point very nicely: Don't f*** with me.

 

[jesse]

Gun on hip generally makes the point very nicely: Don't f*** with me.

Or it just makes you the first target

 

[SkyHog]

Or it just makes you the first target

Touche. Better me than her.

 

[Henning]

Thanks! I appreciate that. I wonder if Meteor Crater is considered a game refuge....

I don't know, but they yell at you if you land in it...

Yeah, I know. I generally don't open carry in familiar areas or in stores, because of the hassle. But the west is still very much the wild west, and I don't want to have to deal with something crazy if I can avoid it. Gun on hip generally makes the point very nicely: "Don't f*** with me...

...I'm not quite right in the head...."

 

[Maxmosbey]

...I'm not quite right in the head...."

That was funny.

 

[fgcason]

Yeah, I know. I generally don't open carry in familiar areas or in stores, because of the hassle. But the west is still very much the wild west, and I don't want to have to deal with something crazy if I can avoid it. Gun on hip generally makes the point very nicely: Don't f*** with me.

The cities are where the crazies are. Avoid cities and their immediate outlying areas and you'll be ok.

 

[Clark1961]

It looks like Arizona honors New Mexico CWPs according to www.handgunlaw.us. I use the website as a starting point because it usually has links to each state's laws.

Oh, and get the permit, if you haven't done so already...self defense isn't just a right, it is a duty.

 

[AdamZ]

And I mean the GF not the Gun.

 

[RogerT]

Nick..for reference look at:
http://opencarry.org/az.html
Be damn careful and do your research. A gun charge is not something you want on your record.

It doesn't appear that Arizona local municipal laws can over-ride the state firearm laws thankfully--like they can and do in Nebraska--which makes it rather difficult to be aware and comply with all the laws.

Jesse .. call or email your state senator for your district and ask them to
please support LB 430 in it's current form. It'll remove the ability of cities
around the state from overriding state law. Even though the Attorney
General has issued an opinion that they can't currently .. I wouldn't
want to be the test case.

I have a list of those cities that preempt state law that I carry in
my wallet on the back of my CCW permit.

Also .. a note .. doesn't help on the bike but when in the car .. removing the
handgun from being concealed and laying it in the seat solves the problem
since open carry is legal everyplace I've found. I've called some of the
police depts .. like in Norfolk and Columbus .. which I pass thru
occasionally and they said that's a good solution.

 

[dmccormack]

.. removing the handgun from being concealed and laying it in the seat solves the problem since open carry is legal everyplace I've found. I've called some of the police depts .. like in Norfolk and Columbus .. which I pass thru occasionally and they said that's a good solution.

This is true for which state?

In Pennsylvania (A "Right to Carry" state), "concealed" carry is defined differently than what you've described:

(a) Offense defined.--Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

Not sure about other states, but PA is the least restrictive to 2nd Amendment rights of any Eastern state.

Without a CCW permit, I would keep the handgun in the glovebox, and the ammo and magazine in the trunk.

And interesting and well-written discussion can be found here.

 

[SkyHog]

And I mean the GF not the Gun.

I might have some pictures later. Turns out Sedona is like 28 miles from Flagstaff. Who'd have thunk it?!?

 

[SkyHog]

This is true for which state?

In Pennsylvania (A "Right to Carry" state), "concealed" carry is defined differently than what you've described:



Not sure about other states, but PA is the least restrictive to 2nd Amendment rights of any Eastern state.

Without a CCW permit, I would keep the handgun in the glovebox, and the ammo and magazine in the trunk.

And interesting and well-written discussion can be found here.

Wow, that's "least" restrictive?? I'm glad I'm not back in the east again. lol

 

[Anthony]

Wow, that's "least" restrictive?? I'm glad I'm not back in the east again. lol

PA is a "Shall issue" state....errrr.....Commonwealth. It is less restrictive than my former western home, Colorado, which requires a course before one can even apply for a CCW permit. The city of Denver also has draconian restrictions like a so called "Assault Weapons Ban" which even Philadelphia can not enact due to state law. If you do not have a criminal record PA MUST issue you a CCW permit.

However, the rest of the Northeast except for New Hampshire or Vermont (forget which) is a socialist Hell Hole that restricts Constitutional gun rights.

 

[Tom-D]

Nick, keep that weapon under your positive control at all times.. the glove box is about the first place a criminal looks for stuff.

buy a pistol mit, and keep it in a safe place (hide it), if you get stopped by the police say nothing about it, until asked.

 

[SkyHog]

Nick, keep that weapon under your positive control at all times.. the glove box is about the first place a criminal looks for stuff.

buy a pistol mit, and keep it in a safe place (hide it), if you get stopped by the police say nothing about it, until asked.

Of course! It was in the glove box while driving, on my hip while walking, and last night, because we had a few drinks, it remained locked in the safe in the room.

Gun safety is one thing I am HUGE on. HUGE.

 

[Clark1961]

Not sure about other states, but PA is the least restrictive to 2nd Amendment rights of any Eastern state.

Ever hear of a little place called Vermont? Last time I checked it was still a state and, well, it's just a little less restrictive than just about any other US state. Maybe Alaska is equal to Vermont since no CWP is necessary in either state.

 

[Obi Heed Kenobi]

I might have some pictures later. Turns out Sedona is like 28 miles from Flagstaff. Who'd have thunk it?!?

Nick, shoot me a PM if you want a list of places to visit up there. I spend a lot of time in the area (and will actually be there about a month from now). Hope it's a good trip so far.

 

[dmccormack]

Ever hear of a little place called Vermont? Last time I checked it was still a state and, well, it's just a little less restrictive than just about any other US state. Maybe Alaska is equal to Vermont since no CWP is necessary in either state.

Vermont's not a state -- it's a Socialist Communal Collective!

 

[SkyHog]

Nick, shoot me a PM if you want a list of places to visit up there. I spend a lot of time in the area (and will actually be there about a month from now). Hope it's a good trip so far.

I really appreciate that, David, we got back late last night, unfortunately work had to cut the vacation short (doesn't it always).

Was a good time though - we hit Flagstaff (a more Hippie town, I've never seen. Even Boulder was less Hippie than Flagstaff), Sedona, and almost Meteor Crater on the way back.

$15 to NOT hike into the crater? No thank you.

Thanks for the advice everyone!

 

[Obi Heed Kenobi]

I really appreciate that, David, we got back late last night, unfortunately work had to cut the vacation short (doesn't it always).

Was a good time though - we hit Flagstaff (a more Hippie town, I've never seen. Even Boulder was less Hippie than Flagstaff), Sedona, and almost Meteor Crater on the way back.

$15 to NOT hike into the crater? No thank you.

Thanks for the advice everyone!

The area is indeed crawling with hippies - but the good news is that they seem to be largely "town-confined hippies," meaning that I'm not too exposed to them.

Yes. I discuss hippie infestations in much the same manner that I discuss zombie infestations.

Anyway, good to hear that you had a nice trip...and that you avoided arrest!

 

[Anthony]

Vermont's not a state -- it's a Socialist Communal Collective!

I know. They haven't gotten around to changing the gun laws there yet, but they will. The demographics of that state have change drastically from all the New Yorkers and Bostonians up there now. Kind of like Colorado with Californians, but that state is still somewhat free.

 

[dmccormack]

I know. They haven't gotten around to changing the gun laws there yet, but they will. The demographics of that state have change drastically from all the New Yorkers and Bostonians up there now. Kind of like Colorado with Californians, but that state is still somewhat free.

...or Bozeangeles (formerly known as Bozeman, MT).

 

[jesse]

Jesse .. call or email your state senator for your district and ask them to
please support LB 430 in it's current form. It'll remove the ability of cities
around the state from overriding state law. Even though the Attorney
General has issued an opinion that they can't currently .. I wouldn't
want to be the test case.

I have a list of those cities that preempt state law that I carry in
my wallet on the back of my CCW permit.

Also .. a note .. doesn't help on the bike but when in the car .. removing the
handgun from being concealed and laying it in the seat solves the problem
since open carry is legal everyplace I've found. I've called some of the
police depts .. like in Norfolk and Columbus .. which I pass thru
occasionally and they said that's a good solution.

One victory at a time....
http://www.beatricedailysun.com/articles/2009/04/21/news/local/doc49edd3ad06cbb395851923.txt

 

[tlglenn]

Oops, late to this thread. Anyways, I'm an AZ CCW instructor. The statute referenced at the start of this thread has been basically rewritten by a judge in a court decision several years ago so that it no longer means what it says:

...the Arizona Court of Appeals has ruled that guns may not be carried in devices that conceal the gun from “ordinary” view, [FONT=Arial,Italic]e.g.

, in "fanny packs," without a CCW permit, (1) if the gun is readily accessible and (2) if the container does not reasonably place others on notice that the person is armed.

[/FONT]

On the other hand, AZ recognizes NM permits so you don't have to worry about the above if you have one of those.

 

[Obi Heed Kenobi]

Oops, late to this thread. Anyways, I'm an AZ CCW instructor. The statute referenced at the start of this thread has been basically rewritten by a judge in a court decision several years ago so that it no longer means what it says:


On the other hand, AZ recognizes NM permits so you don't have to worry about the above if you have one of those.

How is that rewriting the law, when the law is clear as a bell that, to be legal, it must be at least partially visible?