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Arizona Constitutional Carry Laws
title
Arizona Constitutional Carry Laws

Arizona Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


Arizona Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Arizona Permitless Carry

General Information

Arizona has passed “Permitless Carry,” meaning that anyone who can legally own or possess a firearm and is 21 years or older can carry it concealed without any type of permit or license.

Misconduct Involving Weapons

ARS 13–3102

A person commits misconduct involving weapons by knowingly:

  1. Carrying a Deadly Weapon :
  • Carrying a deadly weapon, except a pocket knife, concealed on their person or within their immediate control in or on a means of transportation:
  • In the furtherance of a serious offense as defined in section 13–706, a violent crime as defined in section 13–901.03, or any other felony offense; or
  • When contacted by a law enforcement officer and failing to accurately answer the officer if asked whether the person is carrying a concealed deadly weapon.

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  1. Underage Possession :
  • Carrying a deadly weapon, except a pocket knife, concealed on their person or within their immediate control in or on a means of transportation if the person is under twenty-one years of age.

Handguns on Licensed Premises

ARS 4–229

A person 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.

Sign Requirements

The sign must:

  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 with a diagonal red line across the firearm.
  3. Contain the words, “No firearms allowed pursuant to A.R.S. section 4–229.”

Prohibition and Affirmative Defense

  • 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.
  • It is an affirmative defense to a violation if:
  1. The person was not informed of the notice before the violation.
  2. One or more of the following apply:
  • The notice had fallen down at the time of the violation.
  • The person was not a resident of this state at the time of the violation.
  • The licensee had posted the notice not more than thirty days before the violation.

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Provision of Signs

The Department of Liquor Licenses and Control shall prepare the signs required by this section and make them available at no cost to licensees.

Note on Alcohol-Serving Establishments

If you do not have a permit/license issued by the State of Arizona or any other state, you cannot carry into places that serve alcohol for consumption on the premises. Refer to ARS 4–244 (30) © for details.


Arizona Concealed Weapon Permit

Instructions for Applying and Renewing

Procedure for Obtaining a New Permit

  1. Eligibility Check :
  • Determine whether you meet the qualifications to obtain a concealed weapon permit.
  1. Review Legal Provisions :
  • Review the provisions in Arizona Revised Statute Title 13, chapters 4 and 31, available on the Arizona State Legislature website.
  1. Request Application Packet :
  • Contact the Concealed Weapons Permit Unit (CWPU) to request an application packet, which includes an application form, two fingerprint cards, and a return envelope.
  1. Submit Application :
  • Using the provided return envelope, send the completed application, adequate documentation demonstrating firearms safety competence, two complete sets of fingerprints, and the appropriate fee (money order, cashier’s check, or certified check payable to AZ DPS) to the CWPU. Forms and current fees are non-refundable.
  • If you need more than one application packet, specify this when making your request. Email your request and include your mailing address in the following format.
  • Contact the Concealed Weapons Permit Unit by email or USPS to order application packets.

Note : You must use the “Applicant” fingerprint cards provided by the Department. Some police agencies provide fingerprinting services for a small fee. The prints must be clear, distinct, and classifiable. Do not place tape over the prints.

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Special Considerations for Military Personnel

  • Military Service :
  • As of July 24, 2014, ARS 13–3112 has been amended to allow those at least 19 years of age to provide evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States Armed Forces, United States Armed Forces Reserve, or a State National Guard.

Procedure for Expired Permits

  • Using Expired Permits as Proof :
  • If an expired permit is presented as proof of having previously attended the required firearms-safety training, the permit must be in good standing. Revoked permits will not be accepted.
  • Applicant Requirements :
  • Complete and submit an original Concealed Weapons Permit application.
  • Submit two sets of classifiable fingerprints using CWPU approved fingerprint cards.
  • Submit your expired Arizona Concealed Weapons Permit card.
  • Submit the applicable fee required for a new permit. This is not considered a renewal process, and fees are non-refundable.

Special Note for Non-U.S. Born Applicants

  • Proof of Citizenship or Alien Status :
  • Persons born outside of the United States or its territories must send a copy of proof of citizenship or alien status. Acceptable documents include:
  • Certificate of Naturalization
  • Resident Alien Card
  • Record of Birth Abroad to U.S. Citizens
  • Record of Birth Abroad to Armed Forces Personnel
  • U.S. Passport

Additional Information

  • Application Processing :
  • Applications with errors or incomplete information will be returned for correction. Allow 75 days for processing and delivery of your permit. Do not call DPS regarding the status of your application. If you have not received your permit or any notification after 75 days, contact the staff.
  • Permit Inspection :
  • Once you receive your permit, inspect it for errors. If you find an error, return the permit along with a completed copy of the CWPU “Change, Error or Non-Receipt of Permit Form” available on their website.
  • Address and Phone Number Changes :
  • All changes of address and phone numbers must be reported in writing to the CWPU within 10 days of the change.

Prohibited Locations for Firearms in Arizona

General Restrictions

  • Public Establishments or Events :
  • Firearms are prohibited in any establishment or event open to the public where the operator makes a reasonable request for you to give them custody or remove the weapon from the premises. A sign would qualify as such a request.
  • Cities and counties are required by law to offer on-site storage if they ban weapons, though not all are in compliance.
  • School Grounds :
  • Firearms are prohibited on the grounds of any school, other than the parking lot. In the parking lot, the weapon must be unloaded, and if left in an unattended vehicle, the vehicle must be locked, and the weapon must be out of sight.
  • You can take a firearm onto school property if you are an adult in a vehicle and the firearm is unloaded before entering school grounds. If you must exit your vehicle, the firearm must remain unloaded and be secured (locked) within the vehicle and out of plain view (ARS 13–3102 (H)(1)).
  • Commercial Nuclear or Hydroelectric Generating Stations :
  • Firearms are prohibited.
  • Polling Places on Election Day :
  • Firearms are prohibited.
  • Correctional Facilities :
  • Firearms are prohibited, including in the parking lot of such facilities.

Specific Legal References

  • ARS 13–2911 : Interference with or disruption of an educational institution is classified as a class 6 felony (subsection A, paragraph 1) or a class 1 misdemeanor (subsection A, paragraphs 2 or 3).
  • ARS 13–3102 : Misconduct involving weapons, including definitions for “public establishment,” “public event,” “school,” and “school grounds.”
  • ARS 13–3102.01 : Storage of deadly weapons in public establishments or events. Operators or sponsors must provide temporary and secure storage for firearms when requested to remove them. This does not apply to licensed premises with a license issued pursuant to title 4.

University Policies

  • Arizona Board of Regents :
  • Each state university (ASU, NAU, UA) has specific rules about personal safety devices and prohibited conduct regarding weapons on campus. Firearms may be lawfully transported or stored in a locked, privately owned motor vehicle or in a locked compartment on a privately owned motorcycle, provided they are not visible from the outside.

Justification for Defensive Display of a Firearm

  • ARS 13–421 :
  • The defensive display of a firearm is justified when a reasonable person believes that physical force is immediately necessary to protect against the use or attempted use of unlawful physical force or deadly physical force.
  • Defensive display includes verbally informing another person of the possession of a firearm, exposing or displaying a firearm to convey protection, or placing a hand on a firearm while it is contained in a pocket, purse, or other means of containment.

Transportation or Storage of Firearms in Motor Vehicles

General Provisions

A property owner, tenant, public or private employer, or business entity shall not establish, maintain, or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is both:

In the Person’s Vehicle :

  • In the person’s locked and privately owned motor vehicle or in a locked compartment on the person’s privately owned motorcycle.

Not Visible :

  • Not visible from the outside of the motor vehicle or motorcycle.

Policy Enforcement

Any policy or rule that is established, maintained, or enforced in violation of subsection A is contrary to public policy, is null and void, and does not have legal force or effect.

Exceptions

This section does not apply if:

Prohibited by Law :

  • The possession of the firearm is prohibited by federal or state law.

Employer-Owned Vehicles :

  • The motor vehicle is owned or leased by a public or private employer or business entity and is used by an employee in the course of employment, unless the employee is required to store or transport a firearm in the official discharge of duties or if the employer consents to the transportation or storage of the firearm.

Secured Parking Areas :

  • The property owner, tenant, public or private employer, or business entity provides a parking lot, parking garage, or other designated parking area that: a. Is secured by a fence or other physical barrier. b. Limits access by a guard or other security measure. c. Provides temporary and secure firearm storage that is monitored and readily accessible on entry and allows immediate retrieval on exit.

Compliance with Other Laws :

  • Compliance with this section necessitates the violation of another applicable federal or state law or regulation.

Nuclear Generating Stations :

  • The property is a nuclear generating station that provides a secured and gated or fenced parking area and offers temporary and secure firearm storage that is readily accessible on entry and allows immediate retrieval on exit.

Residential Property :

  • The parking area is on an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence.

Department of Defense Contractors :

  • The property owner, tenant, public or private employer, or business entity is a current U.S. Department of Defense contractor, and the property is located in whole or in part on a U.S. military base or installation. If any part of the property is not on the military base or installation, it must be contiguous with the base or installation.

Alternative Parking :

  • The property owner, tenant, public or private employer, or business entity provides alternative parking reasonably proximate to the primary parking area for individuals who wish to transport or store a firearm in their vehicle and does not charge an extra fee for such parking.

Transportation or Storage of Firearms; Motor Vehicles; Applicability

A. A property owner, tenant, public or private employer, or business entity shall not establish, maintain, or enforce a policy or rule that prohibits a person from lawfully transporting or storing any firearm that is both:

  1. In the person’s locked and privately owned motor vehicle or in a locked compartment on the person’s privately owned motorcycle.
  2. Not visible from the outside of the motor vehicle or motorcycle.

B. Any policy or rule that is established or maintained, or the attempted enforcement of any policy or rule, in violation of subsection A is contrary to public policy, is null and void, and does not have legal force or effect.

C. This section does not apply if:

  1. The possession of the firearm is prohibited by federal or state law.
  2. The motor vehicle is owned or leased by a public or private employer or business entity and is used by an employee in the course of employment unless the employee is required to store or transport a firearm in the official discharge of their duties or if the employer or business entity consents to the transportation or storage of the firearm.
  3. The property owner, tenant, employer, or business entity provides a parking area that: (a) Is secured by a fence or other physical barrier. (b) Limits access by a guard or other security measure. © Provides temporary and secure firearm storage, which is monitored, readily accessible upon entry, and allows for immediate retrieval upon exit.
  4. Compliance with this section necessitates the violation of another applicable federal or state law or regulation.
  5. The property owner, tenant, employer, or business entity is a nuclear generating station that provides secured parking and temporary firearm storage, which is readily accessible upon entry and allows for immediate retrieval upon exit.
  6. The parking area is on an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence.
  7. The property owner, tenant, employer, or business entity is a current U.S. Department of Defense contractor, and the property is located on or contiguous with a U.S. military base or installation.
  8. The property owner, tenant, employer, or business entity provides alternative parking reasonably proximate to the primary parking area for individuals who wish to transport or store a firearm in their motor vehicle and does not charge an extra fee for such parking.

Firearms Regulated by State; State Preemption; Injunction; Civil Penalty; Cause of Action; Violation; Classification; Definition

A. Except as provided in subsection G, a political subdivision of this state shall not enact any ordinance, rule, or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge, or use of firearms or ammunition or any related components or accessories.

B. A political subdivision shall not require the licensing or registration of firearms or ammunition or any related components or accessories, nor prohibit the ownership, purchase, sale, or transfer of these items.

C. A political subdivision shall not maintain records, including lists or databases, of:

  1. Identifying information of a person who leaves a weapon in temporary storage at any public establishment or event, except for temporary identification purposes.
  2. Identifying information of a person who owns, possesses, purchases, sells, or transfers a firearm, except during law enforcement investigations.
  3. Descriptions, including serial numbers, of weapons left in temporary storage at public establishments or events.

D. A political subdivision shall not enact any rule or ordinance related to firearms that is more prohibitive or has a greater penalty than state law. Any such rule or ordinance inconsistent with state law is null and void.

E. A political subdivision shall not enact ordinances or rules limiting the lawful taking of wildlife during an open season established by the Arizona Game and Fish Commission, unless consistent with Title 17 and rules adopted by the Commission. This does not prevent ordinances restricting firearm discharge within a quarter-mile of occupied structures without owner consent. Definitions include “occupied structure” and “take” as prescribed by law.

F. The state and its subdivisions shall not facilitate the destruction of firearms or acquire firearms for destruction, except as authorized by law.

G. This section does not prohibit political subdivisions from:

  1. Imposing taxes on the sale or lease of firearms or ammunition, consistent with taxes on other tangible personal property.
  2. Prohibiting unaccompanied minors from carrying firearms in public places, with exceptions for lawful activities like hunting or marksmanship practice.
  3. Regulating commercial land and structures related to firearms or ammunition similarly to other businesses, without inconsistent regulation of firearm sales or transfers on public property.
  4. Regulating employees or contractors regarding firearm possession during work, except on their property or in private vehicles unless conflicting with other laws.
  5. Limiting or prohibiting firearm discharge in parks and preserves, with exceptions for specified activities such as hunting, law enforcement, or self-defense against animal attacks.

H. Any ordinance or rule violating this section is invalid and subject to permanent injunction. Good faith or legal advice is not a defense.

I. Courts may impose a civil penalty up to fifty thousand dollars on political subdivisions that knowingly and willfully violate this section.

J. Individuals who knowingly and willfully violate this section in an official capacity may face termination from employment, as allowed by state law.

K. Individuals or organizations adversely affected by violations of this section may file civil actions for relief and damages. Prevailing plaintiffs shall be awarded reasonable attorney fees, costs, and actual damages up to one hundred thousand dollars.

L. Violations of ordinances pursuant to subsection G, paragraph 5, are classified as misdemeanors, unless otherwise designated.

M. “Political subdivision” refers to entities acting under any capacity, including police or proprietary powers.


Remote Stun Guns; Sales Records; Use; Classification; Definitions

A. It is unlawful for a person or entity to:

  1. Sell an authorized remote stun gun without maintaining an accurate sales record identifying the purchaser with the manufacturer. This identification must be verified with government-issued identification and does not apply to secondary sales.
  2. Knowingly use or threaten to use a remote stun gun or an authorized remote stun gun against a law enforcement officer performing official duties.

B. This section does not:

  1. Preclude the prosecution of any person for using a remote stun gun or an authorized remote stun gun during the commission of any criminal offense.
  2. Preclude any justification defense under chapter 4 of this title.

C. The regulation of remote stun guns and authorized remote stun guns is a matter of statewide concern.

D. Violations are classified as follows:

  1. Subsection A, paragraph 1 is a petty offense.
  2. Subsection A, paragraph 2 is a class 4 felony.

E. Definitions:

  1. “Authorized remote stun gun” means a remote stun gun that has: (a) An electrical discharge of less than 100,000 volts and less than nine joules of energy per pulse. (b) A serial or identification number on all discharged projectiles. © An identification and tracking system that disperses coded material traceable to the purchaser through manufacturer records on all remote stun guns and cartridges sold. (d) A training program offered by the manufacturer.
  2. “Remote stun gun” means an electronic device that emits an electrical charge designed to incapacitate a person or animal either through contact with electrodes or remotely through wired probes or other conductive means.

Emergency Powers of Governor; Termination; Authorization for Adjutant General; Limitation

A. During a state of war emergency, the governor may:

  1. Suspend statutes or rules that would prevent, hinder, or delay emergency mitigation.
  2. Commandeer property or personnel, excluding firearms and ammunition, deemed necessary for emergency responsibilities, with the state providing reasonable compensation.

B. During a state of war emergency, the governor has complete authority over state agencies and exercises all state police powers.

D. The governor can proclaim a state of emergency if conditions warrant, taking effect immediately in affected areas.

E. During a state of emergency:

  1. The governor has complete authority over state agencies and exercises all state police powers within the designated area.

G. Starting January 2, 2023, the governor may issue an initial proclamation for a public health emergency for up to thirty days, extendable up to 120 days, with legislative approval required for further extensions.

L. The emergency powers of the governor, adjutant general, or any other official do not allow imposing additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display, or use of firearms or ammunition.

M. This section does not:

  1. Prohibit the reasonable movement of ammunition stores during emergencies.
  2. Allow permanent revocation of business licenses for noncompliance with emergency orders unless willful misconduct or gross negligence causing disease transmission is demonstrated by clear and convincing evidence.

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