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AZ open carry - under 18?

Discussion in 'General Gun Discussions' started by andyffer, Nov 17, 2008.

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  1. andyffer

    andyffer Member

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    This is for people who are familiar with the Arizona laws. Please dont post your opinions whether or not it is a good idea or bad.

    I am under 18 and would like to openly carry my 1911.
    Can I if I am with a parent or even with a signed note from my parents saying I can?

    Also, the law says that in order for it to be considered open carry "most" of the gun has to be shown? How much of the gun?
    Im taking it that sticking it in my beltline does not count?

    Thanks
     
  2. indoorsoccerfrea

    indoorsoccerfrea Member

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    if the law states that you must be age 18 to carry, which it does from what I can find on google, then a note from your parents will not change anything. sorry andyffer
     
  3. Prepster

    Prepster Member

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    Check out opencarry.org. If there's a way, or any other questions you have about open carry laws, the folks there will know. Even if you can't, be happy that you've got a handgun anyway. You'll be 18 before you know it.
     
  4. 7.62Reaper

    7.62Reaper member

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    You cannot buy a handgun if you are under 21. You cannot buy handgun ammo if you are under 21.

    Obviously you cannot openly carry. Give dad his gun back.
     
  5. andyffer

    andyffer Member

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    I have bought many guns through my parents.
    Thats right I BOUGHT them. Not my parents.

    A springfield 1911, a S&W 637, a Mossberg 500, and another S&W revolver.

    Dont be jealous...
     
    Last edited by a moderator: Nov 17, 2008
  6. M203Sniper

    M203Sniper member

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    Not very high road; though we now have little doubt as to your true age

    :)
     
    Last edited: Nov 17, 2008
  7. 7.62Reaper

    7.62Reaper member

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    My favorite part of his question- "If i get a signed note" hahaha
     
  8. Samgotit

    Samgotit Member

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    You, Andy, have just demonstrated why there is a minimum age law in effect. Should you be carrying a gun with that attitude?

    A law cannot be circumvented by a note from your parents. It a great idea, thought. I'd get a note from my Mom to speed.
     
  9. andyffer

    andyffer Member

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    I will scan these pages in the Arizona's Gun Owners book.
     
  10. mnrivrat

    mnrivrat Member

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    You have to be 21 to purchase a handgun from a FFL dealer. At 18 you can purchase privately.

    It is unlikely that you will be allowed to carry if under 18 , but check with the state laws regarding that issue. ( you may have to be 21 ?)

    HEY ! ANDYFFER ! NOT on this board you don't ! Check your attitude & language or you won't be here long ,if it's not already to late .

    EDIT : OK - That's better - I'm pleased you did the edit on your post, but for future reference be advised that the type language and path you started down is not acceptable.
     
  11. andyffer

    andyffer Member

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  12. Thermactor

    Thermactor member

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    Exactly the kind of kid that would give the antis a cause celebre to go after RKBA. What negligent parents.
     
  13. NavyLCDR

    NavyLCDR member

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    You do understand that these acts that you speak of are felonies, don't you? The permanent transfer of the handgun to you for ownership is illegal. The only thing that is legal is to have a handgun transferred to you temporarily for specific purposes.

    You don't have to worry about me being jealous, I am not jealous of alleged felons. And in answer to your question about AZ - no you can't carry it for self defense, it's against federal law and both you and your parents would end up in front of a judge and the handgun may be PERMANENTLY confiscated by the government.

    18 USC 922:

    (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile--
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.

    (2) It shall be unlawful for any person who is a juvenile to
    knowingly possess--
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.

    (3) This subsection does not apply to--
    (A) a temporary transfer of a handgun or ammunition to a
    juvenile or to the possession or use of a handgun or ammunition by a
    juvenile if the handgun and ammunition are possessed and used by the
    juvenile--
    (i) in the course of employment, in the course of ranching
    or farming related to activities at the residence of the
    juvenile (or on property used for ranching or farming at which
    the juvenile, with the permission of the property owner or
    lessee, is performing activities related to the operation of the
    farm or ranch), target practice, hunting, or a course of
    instruction in the safe and lawful use of a handgun;
    (ii) with the prior written consent of the juvenile's parent
    or guardian who is not prohibited by Federal, State, or local
    law from possessing a firearm, except--
    (I) during transportation by the juvenile of an unloaded
    handgun in a locked container directly from the place of
    transfer to a place at which an activity described in clause
    (i) is to take place and transportation by the juvenile of
    that handgun, unloaded and in a locked container, directly
    from the place at which such an activity took place to the
    transferor; or
    (II) with respect to ranching or farming activities as
    described in clause (i), a juvenile may possess and use a
    handgun or ammunition with the prior written approval of the
    juvenile's parent or legal guardian and at the direction of
    an adult who is not prohibited by Federal, State or local
    law from possessing a firearm;

    (iii) the juvenile has the prior written consent in the
    juvenile's possession at all times when a handgun is in the
    possession of the juvenile; and
    (iv) in accordance with State and local law;

    (B) a juvenile who is a member of the Armed Forces of the United
    States or the National Guard who possesses or is armed with a
    handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of a
    handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile
    taken in defense of the juvenile or other persons against an
    intruder into the residence of the juvenile or a residence in which
    the juvenile is an invited guest.

    (4) A handgun or ammunition, the possession of which is transferred
    to a juvenile in circumstances in which the transferor is not in
    violation of this subsection shall not be subject to permanent
    confiscation by the Government if its possession by the juvenile
    subsequently becomes unlawful because of the conduct of the juvenile,
    but shall be returned to the lawful owner when such handgun or
    ammunition is no longer required by the Government for the purposes of
    investigation or prosecution.
    (5) For purposes of this subsection, the term ``juvenile'' means a
    person who is less than 18 years of age.
    (6)(A) In a prosecution of a violation of this subsection, the court
    shall require the presence of a juvenile defendant's parent or legal
    guardian at all proceedings.
    (B) The court may use the contempt power to enforce subparagraph
    (A).
    (C) The court may excuse attendance of a parent or legal guardian of
    a juvenile defendant at a proceeding in a prosecution of a violation of
    this subsection for good cause shown.
     
  14. MachIVshooter

    MachIVshooter Member

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    So long as the handgun does not leave the residence, he is fine. In the same respects that a 12 year old can operate a motor vehicle on private property, a minor can possess a handgun in the residence of his legal guardians (unless we're talking about a state with handgun lock provisions and the like)

    It'd be pretty hard to argue that the minor is the owner of the handgun if he is not allowed to leave the residence with it on his own and/or without written permission/accompaniment from the gaurdian who purchased it; If you truly own something, you can do as you wish with it.

    Lots of parents buy guns for their kids, and in many cases the child has to earn it or pay for it with hard currency. There is no problem with this. The problem comes if the parent willfully allows the child to violate the law by possessing the firearm in a public venue without proper authorization/accompaniment as required by all applicable laws.
     
  15. NavyLCDR

    NavyLCDR member

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    MachIVShooter,

    You might want to read that Federal Law again.

    He can only legally possess the handgun in his own residence if taken up in an act of self defense.

    Unless the residence is also a place of farming, ranching, employment, target practice, hunting or instruction. He can't just walk around with the gun, even in his own residence. I am not saying what happens behind closed doors doesn't stay behind closed doors, but it is technically against the law.

    Exception:
     
  16. C-grunt

    C-grunt Member

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    Alright dude listen to me here. As a Phx LEO, what you are talking about here is a VERY bad idea. at 18 you can open carry, as I have read the law. Until then you would be inviting lots of trouble into your life. While many in AZ have come accustomed to seeing people carry guns around openly, you have a lot of new residents who will confront you about it. I open carry quite often off duty and get nasty looks and what not from some people all the time.

    As far as what has to be showing to be considered open carry.....

    If its concealed totally its concealed. Just showing a little is technically legal, will the officer see it that way and can you convince the judge that in court if arrested for it. Your defense of " your honor, the last quarter inch of the barrel was outside of my shirt." might not work so well if the arresting officer says he couldnt see it. What Im saying is if you are going to open carry, not talking to the OP here leave yours at home, make it plainly open. If it gets accidentally concealed because you were leaning the wrong way, its a crime. Or you could just go get the permit.

    In all truthfulness a good body hugging belt holster will not be noticed by well over 90 percent of the people you come in contact with. A lot of the people that do notice it dont really care.
     
  17. NavyLCDR

    NavyLCDR member

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    What he is talking about, OC while under the age of 18, is not just a bad idea, it is a felony, regardless of whether he has a note from mommy and daddy or not, and mommy and daddy are going to go see the judge as well if he is arrested --

    Unless he is specifically engaging in employment, farming, ranching, hunting, target practice or instruction on private land with parent's written permission and the permission of the landowner - or in the act of actual self defense against an intruder in a residence. State law can be more restrictive than this, but it cannot be less restrictive.

    The mere fact that he "purchased" these firearms "through his parents" is a felony in and of itself.
     
  18. armoredman

    armoredman Member

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    I carried open in this state years ago at 18, and had to wait until '94 for our CCW law. Wait until you are 18. Do things the right and legal way, that way we never meet professionally.
     
  19. Johnny Guest

    Johnny Guest Moderator Emeritus

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    Reopened, with some worries - - -

    Thread reopened after considerable editing. Y'all keep it on the high road.

    Johnny Guest
    THR Staff
     
  20. Prince Yamato

    Prince Yamato Member

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    Everyone relax and let the kid alone. He just wanted to know if he could open carry.

    Here's my take:

    Even if you can, what do you think people's reaction will be to a young kid with a gun on his hip? My guess is that they will call the cops on you and you'll be spending the better part of your day/night, explaining to the police what loophole you exploited and why you are not guilty for exploiting it. I know that it's not what you want to hear, but you really need to wait until you're 18. In the meantime, practice shooting, so that when people give you guff at 18 for open-carrying, you can show them your targets and get them to shut up. :D
     
  21. Majic

    Majic Member

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    You do know that constitutes a straw purchase and your parents have committed a felony?
     
  22. Win52D

    Win52D Member

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    Not sure why he was asking. The laws clearly state that he can only carry if a parent, guardian or instructor is present. As far as how much needs to be shown. I don't have a CCW yet so that when I carry in the field here in Tucson the entire pistol and holster are shown...I have no intentions of running afoul of the law for a matter of inches of coverage
     
  23. andyffer

    andyffer Member

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    The reason I said strap to the side of my hip is I was thinking about getting this...

    www.clipdraw.com
     
  24. Dougelas

    Dougelas Member

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    "The road to hell is paved with gun-grabbing liberals"

    I'd like to think they're all already down there.
     
  25. IncredibleGord

    IncredibleGord Member

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