Phoenix Police know if you have a CCW?

Status
Not open for further replies.
I know the Charlottle police department does. The officer who gave me my CCW class told us that every time you are pulled over the officer can and will see if you have a CCW or not. So it goes at least for the CMPD.
 
In Arizona you CCW is connected to both yout DL and any plate registered in your name. The duty to inform is for those using constitoutio nal carry.
 
lokpyrite is correct in that your CCW is tied to your license plate and drivers license. When being pulled over the officer knows immediately that you have a CCW.
 
Without a CCW in Arizona:
Within 1000' of a school or on school property you are allowed to have a firearm in your vehicle provided it is in a locked case or compartment, out of view, and unloaded. This only applies to primary schools, not colleges. Also, the school law and other restricted "gun free zones" are in the process of being eliminated. It is expected to make it into law in the future.
Regarding forested preserves and parks, it only appies if it is a state park or simular protected area and only a few parks or preserves. It doesn't restrict us from carrying on us in our vehicles.
Yes, establishments that serve open alcoholic beverages require a CCW. But that as well is dependent upon the particular establishment even allowing firearms. Our law also gives the bar owner the legal right to let us check our firearm in with them and pick it up when leaving.
One good thing though, is we are legal to have firearms on the property of establishments that don't allow them inside. I had a dispute recently with a large chain store, it wasn't Sams Club, they let me shop with my side arm open or concealed. It was the other guy's, CostKo.
 
I've always been surprised that in Washington state the LEO's don't seem to know (or care?) that you have a CPL. Any time I've been pulled over for a traffic issue it has never come up. There is no requirement to inform in WA.
That is correct unless they ask and then you are required to inform them you are armed.
Our DL are not linked to our CCW.
 
In Texas, the plates are linked to the registered owner's CHL. So if I am driving my car, which is registered to me, and I'm pulled over, the officer will know (if he checks beforehand, not all do) that I have a CHL. If my wife, son, or daughter are driving, he knows only that the owner has a CHL, not the driver. So that information may be somewhat limited in use to the officer.

Now, I have been stopped a few times, and I always hand my CHL to the officer on top of my driver's license. A couple of times I have been asked where the gun is located, not if I'm carrying. Usually it's in the center console and I so inform the officer. Never have they asked to see the gun, never have they wanted to disarm me, and in fact twice they have commented that carrying is good and everyone should do so.

My own opinion is that if the officer knows I have a CHL, he also knows I have absolutely no criminal background, and have passed a state background investigation, and a federal background investigation. I would think he would have a warm fuzzy feeling about that, and not wondering who the heck he's stopped, and whether I present any kind of danger to him late at night, on a dark rural road.
 
No "duty to inform" in AZ, there is a requirement to answer truthfully if asked by a LEO during a "lawful contact" if you have a weapon on you. If not asked, no need to announce.
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:...(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;
CCW does NOT authorize AZ residents to enter school grounds armed, continued, same section as above,
12. Possessing a deadly weapon on school grounds; or

If you are looking at this one to authorize it,
C. Subsection A, paragraphs 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:...4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
I haven't heard of this one winning in court, but CCW people tend to be pretty law abiding anyway. BTW, for those wondering what lawful contact is,
1. "Contacted by a law enforcement officer" means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed
And school grounds,
4. "School" means a public or nonpublic kindergarten program, common school or high school.
5. "School grounds" means in, or on the grounds of, a school.

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

That's the black and white of it for AZ. The restaurants that serve open alcohol have to put up the very specific no firearms signage, and yes, you cannot consume open alcohol while carrying in that place if they do not post a sign. Olive Garden in Casa Grande isn't posted, and there haven't been any issues I am aware of at this time
There was a try this year to make everyone allowed Constitutional Carry in the state to be considered "permitted" under AZ law to get around the school zone thing. Maybe next year.
 
In lee co. Al. your carry permit is issued by the county sheriff and it is tied to your dr. lic. because the first year that they had picture ID's for permits it came back with my dr. lic. picture on it.
 
I've always been surprised that in Washington state the LEO's don't seem to know (or care?) that you have a CPL. Any time I've been pulled over for a traffic issue it has never come up. There is no requirement to inform in WA.
In WA the information comes up when they run your drivers license, that is why they do not care. Like another person pointed out, criminals don't bother to get their CPL, only law abiding citizens bother. I have had the same experience as you...40 years never have been asked, even the couple times when they went to the passenger window and were looking right at it on my right hip.
 
In VA CCW is linked to the drivers license and not the tags. When they run the tags most dispatchers run the registered owner (to save time when the officer asks). This gives them the CCW information. Like other said if the driver is not the registered owner then they will have to run the drivers info to find out. If the officer is running tags using a MDT on STARS, then the system automatically runs the registered owner and you get a response regarding CCW.
 
In CO, the statewide data base has recently be discontinued. When shall-issue was originally drafted, it was not legal for law enforcement to bump the CCW database, unless with probable cause. That has not changed. Several counties did so on a regular basis, until confronted about it. In my home county, Jefferson, they load the info on your drivers license as a "person of interest", to alert the officers and as a nice way of side stepping the law. You do not have to announce to the officer, nor is it legal for them to inquire, without probable cause. I have heard mutiple stories of cops asking, though.
 
(partial quote) Like another person pointed out, criminals don't bother to get their CPL, only law abiding citizens bother.

I disagree. In Castle States in which the practice is legal there are probably more law abiding citizens carrying in their vehicles who do not have CHLs than those who do. For the moment, I'm one of the non-licensed carriers. Once I have a little more time on my hands I'll get my CHL. Until then I'll continue carrying in my car without one. Also, many of those non-licensed folks have no "real" interest in handguns other than saving their hides so they'll not be visiting these forums... so we'll never hear from them.
 
Arizona is a "Constitutional Carry" state.....no permit required for CCW.

This is misleading, though, as I learned when deciding whether to get mine. For instance, without a CCW you can't have a gun within 1000 feet of a school. Within the city you are pretty much always within 1000 feet of a school. You can't have a gun in any business that sells alcohol. Like a convenience store, a supermarket, a restaurant.

I think, regardless of the law, it's not very smart to CC in AZ without the permit. I have been told by cops that a lit of guns have been confiscated since the constitutional carry law because people don't bother to educate themselves. If they did, they'd likely get the permit.


Sent from my iPhone using Tapatalk
 
In Nebraska,the State Patrol does the background check/issues the permits, and the law requires that the CCW holder identify themselves as CCW holders at ANY LEO contact.

I am quite sure the cops KNOW you have a CCW before they ever come up to your door..
 
Here in Colorado it was up to the county sheriff. In my county, it's definitely not available to a police officer pulling you over.
 
Too Pure said:
You can't have a gun in any business that sells alcohol. Like a convenience store, a supermarket, a restaurant.
Absolutely incorrect, you may carry in Frys or Safeway or any other business that sells package liquor that is not posted in Arizona. Who told you that? You may carry with permit in a resteraunt that serves open alcohol if the business is not specifically posted per law, and the CCW permitholder may not consume alcohol. Safeway HAD a no guns sign back in the 80s, and when our CCW law went into effect in '94 they came down.
 
Absolutely incorrect, you may carry in Frys or Safeway or any other business that sells package liquor that is not posted in Arizona. Who told you that? You may carry with permit in a resteraunt that serves open alcohol if the business is not specifically posted per law, and the CCW permitholder may not consume alcohol. Safeway HAD a no guns sign back in the 80s, and when our CCW law went into effect in '94 they came down.

My CCW instructor told me that. Arizona Defensive Firearm Training. That is concealed, without a permit. Open carry is allowed everywhere unless other laws apply.


Sent from my iPhone using Tapatalk
 
Your instructor is wrong - I grew up here and have been lawfully carrying a sidearm since age 16. You may not carry concealed without a permit in a place that sells open alcohol, not package.
4-229. Licenses; handguns; posting of notice

A. A person with a permit issued pursuant to section 13-3112 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. The sign shall conform to the following requirements:

http://www.azleg.gov/ars/4/00229.htm

4-101. Definitions
...
24. "On-sale retailer" means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/4/00101.htm&Title=4&DocType=ARS
 
Yes they do-your driver's license is flagged and they can access that information on their computer.
I don't have a problem with that as long as certain rules are followed. The CPL carrier is required to tell the police officer he/she has a CPL.
Then it gets tricky. The officer may ask if you're armed which to me starts to tap dance on your carrying rights. I know someone who was pulled over in East Lansing for a tab violation, person did all the right things then next thing he knew he was surrounded by two other police cars. They asked him to get out of the vehicle and they frisked him AFTER he told them he was not armed.
I think that if you initially make your statement and answer armed or not if asked then it should be the end of that. Anything above that is to me abuse.
 
>>>>2. You assume that the "central" database in question will always be available for querying. I don't know the exact uptime stats for the NCIC database, but I'd guess its around 70% <<<<

In my experience the uptime for vehicle registration and drivers license information is more in the area of 99.9%. Haven't seen it down in the last several weeks, and then it was only about 10 minutes.
Last time I personally experienced an outage of more than a few minutes was about six months ago, and that was for about two hours, and the problem actually turned out to be a local (in house) server.
Can't remember ever not getting a criminal history or drivers history back immediately.
Return of out-of-state vehicle and drivers license infop seems to take 3-5 seconds longer than in-state.
 
Found something interesting while looking on the DPS web page
http://www.azdps.gov/Links/ARS/?l=13/03112.htm


J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state. This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A criminal justice agency shall not use the computerized permit record system to conduct inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop.
 
Status
Not open for further replies.
Back
Top