How to travel with your gun in your car. Arizona


PDA






bcevans
April 24, 2011, 01:06 AM
I live in Arizona and have been doing some research on how to travel with your gun in a car. I have read that the gun has to be in plain view, could be in a compartment, locked in a case and not readily accessible to the driver. I wear a crossbreed holster to conceal carry; can I leave the gun in my holster while I drive? And if I can't, where do I put my gun so I don't get in any legal trouble if I get stopped for some reason? At this time I don’t have a CCW permit, plan on getting one in a couple of months. If you can, please dumb it down for me.

If you enjoyed reading about "How to travel with your gun in your car. Arizona" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
NavyLCDR
April 24, 2011, 01:18 AM
http://www.handgunlaw.us/states/arizona.pdf

If you are 21 years of age and can legally own a firearm you can carry in loaded concealed on your person anywhere it is legal to carry in Arizona without any type of permit/license. That includes automobiles. You can carry anywhere that someone with a permit/license to carry can carry except into places that serve alcohol for consumption on the premises.

HOWEVER, without an Arizona CCW permit, in order to comply with Federal law, anytime that you are on public property within 1000' of school property, the guns must be unloaded and locked in a case:

18 USC 922 (q):

http://www.law.cornell.edu/uscode/718/usc_sec_18_00000922----000-.html

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearmó

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that isó
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

I will not comment on the ability/willingness of any Arizona law enforcement officer to enforce the above Federal law, but it is the law nevertheless.

bcevans
April 24, 2011, 01:30 AM
Let me see if I have it right. I can have my gun in my holster while I am driving. But, if I am with in 1000 feet of a school I have to have my gun unloaded and in a locked case. So if I drive to walmart and pass a school on the way. I should have my gun locked in a case until I get to walmart?

BleysAhrens
April 24, 2011, 01:41 AM
Yeah, you don't need a permit here in AZ. Nice to have, but not necessary. You must be new to the state. The school thing...just keep it concealed, but if you go onto the school grounds, make sure it's in its place.

NavyLCDR
April 24, 2011, 11:45 AM
Let me see if I have it right. I can have my gun in my holster while I am driving. But, if I am with in 1000 feet of a school I have to have my gun unloaded and in a locked case. So if I drive to walmart and pass a school on the way. I should have my gun locked in a case until I get to walmart?

Only according to the Federal government. Because at one time in the past, some part of your gun, maybe the iron ore the steel was made from, traveled in or affected interstate commerce. A total and complete abuse of the interstate commerce clause, because if you apply the same standard, the Federal government can regulate anything, anywhere which completely violates the entire Constitution.

In fact, there was even a case the Federal government won against a farmer who was raising more wheat than the Federal government allowed, but it was on his land, for his personal use, not for sale, but the government won their case because they said since he was growing his own wheat above their regulated amount, he wasn't buying it from other states, and therefore was affecting interstate commerce.

:cuss: :fire:

wildbilll
April 24, 2011, 12:14 PM
That ruling by the SCOTUS may end up being reversed if the Health Care law's individual mandate is shot down.
The rationale that someone has to buy something is common between both cases.
Or, SCOTUS may uphold the health care law's individual mandate using this case as the basis. (let's hope not)

Old Fuff
April 24, 2011, 12:17 PM
The federal "1000 feet/school law" not withstnding, I know of no instance where an Arizona state or local law enforcement officer has ever enforced it unless the firearm was on school property.

When I went through the required training to get an Arizona CCW license the question came up for discussion. The instructor stated that if one was actually going onto school property any handgun should be unloaded and secured under lock & key, preferably in a car trunk or truckbed lock-box. Otherwise simply doing nothing more then passing a school on a public street while going from one place to another while having a firearm on one's person or within a passenger compartment, would not bring on any enforcement action. Our state and local officers have enough laws to enforce without taking on any of Uncle Sam's. :banghead:

bcevans
April 24, 2011, 05:35 PM
Thanks for the help guys. I have been putting my gun in my holster on me while I drive, or in the center compartment. Just wanted to make sure I wasn't doing anything wrong, and it looks like I wasn't. I am newbie when it comes to guns, and gun laws. Thanks again for your help. Where do you guys put you hand guns while you drive around.

BleysAhrens
April 24, 2011, 05:46 PM
I have been using a cheap shoulder holster lately, under a button up shirt. It's a P99. What kind of gun do you have? And if you don't mind, what part of the state are you in?

bcevans
April 24, 2011, 07:19 PM
I have a XD 9mm SC, and I live in Maricopa. Which is between phoenix, and Tucon.

WardenWolf
April 24, 2011, 07:27 PM
In Arizona, for purposes of car travel, a cased gun can never be considered concealed. A holster or sleeve qualifies as a case. Legally, you can have a holstered gun under your seat if you so wish. Or in a glove compartment.

As for traveling past schools, so many people carry in this state that it's a non-issue. In fact, in Arizona, you can have your gun in your car while you pick up your children at school, as long as it's just picking up and dropping off, no parking.

PlateStacker
April 24, 2011, 07:53 PM
I live in Arizona and have been doing some research on how to travel with your gun in a car. I have read that the gun has to be in plain view, could be in a compartment, locked in a case and not readily accessible to the driver.
How can the firearm be in plain view, if it's inside a case??

bcevans
April 24, 2011, 10:44 PM
@ wardenwolf, Can I have the gun in the holster and on my person while driving in the truck? And If I put my gun in the glove compartment, do I have to have it in a holster?
@PlateStacker, I didn't mean to say that the gun would be in plain view and in a case. I was just stating different things that I have read on the internet on how to legaly drive around arizona with hand gun in you car.

Frank Ettin
April 25, 2011, 12:38 AM
The easy solution is to get an Arizona CCW. That can make these sorts of decision a whole lot easier.

bcevans
April 25, 2011, 12:44 AM
I plan on getting one in august.

Frank Ettin
April 25, 2011, 12:51 AM
I plan on getting one in august.Excellent.

NMPOPS
April 25, 2011, 07:23 AM
Funny how we worry about what Federal law is with guns and school zones. Do the feds expect the police to enforce that but do nothing about illegal immigrants? Since there is most likely also a State law to cover this, is it also unconstitutional ?

I also live in Maricopa, just wish there was a place to shoot closer than 30 miles.

"Don't piss down my back and tell me it's rainin"

hermannr
April 25, 2011, 12:34 PM
Local police do not have juristiction to enforce Federal Law. Federal Law is enforced by federal marshals etc.

Secondly, If I remember correctly, the federal law says you must comply with state concealed weapons law to be legal in a school zone under federal law...Guess what, AZ will allow concealed carry without a permit, therefore you are complying with state law. The feds cannot require a state to require a permit to carry anywhere.

Now, to carry a weapon INTO a school building? That is a different ball of wax. Here in WA, there is a specific RCW on carry into a "school building" (not school grounds). I don't know about AZ, but you might want to check if you ever contemplate walking into a school building (k-12).

NavyLCDR
April 25, 2011, 04:05 PM
Secondly, If I remember correctly, the federal law says you must comply with state concealed weapons law to be legal in a school zone under federal law...Guess what, AZ will allow concealed carry without a permit, therefore you are complying with state law. The feds cannot require a state to require a permit to carry anywhere.

Nope. The exception is for those who possess a state issued permit for which a LEO agency verifies that the individual qualifies for:

(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Now, to carry a weapon INTO a school building? That is a different ball of wax. Here in WA, there is a specific RCW on carry into a "school building" (not school grounds).

In WA State there most certainly IS a restriction on carrying on school GROUNDS:

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.280

RCW 9.41.280
Possessing dangerous weapons on school facilities — Penalty — Exceptions.

(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

(a) Any firearm;

whooboy
April 25, 2011, 04:41 PM
Is there a requirement to be an Arizona resident to be able to carry concealed without a CCW?

nalioth
April 25, 2011, 04:43 PM
Is there a requirement to be an Arizona resident to be able to carry concealed without a CCW?Nope.

bcevans
April 25, 2011, 06:23 PM
Everything I have read about going into a school with a gun is, don't do it. Unless you are a peace office. You can have you gun unloaded in the car, but if you leave your car, the gun has to be in a compartment and the car locked.

azmjs
April 25, 2011, 06:29 PM
I typically keep my gun either in my pocket, on the seat next to me, or in the center console when driving.

Since concealing a hand gun is, generally speaking, not against the law in Arizona, you shouldn't have any problems.

bcevans
April 25, 2011, 06:54 PM
Thank azmjs. My holster allows me to tuck in my shirt and still have the gun concealed. But It would suck to have to take the gun out of the holster, and untuck my shirt every time I got into my truck. This is the main reason I really started to look again at the law. I usually have in the center console as well. My 2004 Tundra has a perfect place to put my gun, even with the 16round extended clip.

azmjs
April 25, 2011, 07:16 PM
Shouldn't be an issue with that. Just be sure that if you get pulled over and the policeman asks if you have a weapon that you tell him the truth. No good can come from lying to a policeman.

bcevans
April 26, 2011, 02:24 PM
I agree, I have some friends at work who will tell the officer they have a gun even with out the officer asking.

If you enjoyed reading about "How to travel with your gun in your car. Arizona" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!