Arizona CCW Question

[TriTone]

I've been trying to figure out, does the new law allowing CCW in Arizona without a permit apply to residents and non-residents? Or just residents?

Thanks in advance.

 

[Frank Ettin]

AFAIK it applies to both residents and non-residents, just as open carry is legal for both residents and non-residents.

However, with a recognized permit it is legal to carry concealed in a place that serves alcohol, unless it is properly posted, although you may not drink alcohol. You may not do so without a permit. (I have a permit, and when I was last in Arizona it so very convenient to not have to bother securing my gun when I went into a restaurant for a meal.)

Check out http://www.handgunlaw.us/states/arizona.pdf.

 

[armoredman]

Kind of a grey area, the law says "person", not AZ resident, and person is identified as a non prohoibited possesor, so I would read that as any US citizen over 21 who is not a prohibited possessor would be OK. I would reccomend a call to AZ Department of Public Safety, Handgun Permit Unit, and ask them directly.

 

[duns]

Kind of a grey area, the law says "person", not AZ resident, and person is identified as a non prohoibited possesor, so I would read that as any US citizen over 21 who is not a prohibited possessor would be OK.

I would read it as also including Permanent Residents aka green card holders.

 

[nalioth]

Kind of a grey area, the law says "person", not AZ resident, and person is identified as a non prohoibited possesor, so I would read that as any US citizen over 21 who is not a prohibited possessor would be OK

Does it say "21" specifically, armoredman? If not, can't Arizona residents own handguns at the age of 18?

 

[armoredman]

Yes, you can own and carry a firearm under 21, but Title 13, Chapter 31, section does say specifically a person must be over 21 to carry concealed.

13-3102. Misconduct involving weapons; defenses; classification; definitions

A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

(a) 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

(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or

2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS

Prohibited possesor,

7. "Prohibited possessor" means any person:

(a) 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 section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.

(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.

(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 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 the interstate compact under title 31, chapter 3, article 4.

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant 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 that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v) Persons who have received a waiver from the United States attorney general.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03101.htm&Title=13&DocType=ARS
And the definition of "person" in Title 13,

29. "Person" means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/00105.htm&Title=13&DocType=ARS
That's the law. Looks like any person in the US who is not a prohibited posesser is good to go.