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Thread: Question about open carry in AZ

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    I'm going to be traveling to Arizona soon. Arizona will recognize my South Dakota concealed pistol permit even though I'm under 21 and they (AZ) wouldn't issue me a permit themselves because of my age. I know that open carry is legal in Arizona, but since I'm only going to be carrying legally because they'll honor my permit from SD I'm not sure if I'll be legal to carry openly myself. I'm having a hard time finding the answers and am hoping someone can point me in the right direction. Also, if open carry won't be legal for me, where can I find the statutes to determine what exactly is considered concealed and open? I don't want to become a felon because my gun prints in the wind.

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    Regular Member azcdlfred's Avatar
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    JessLJ wrote:
    I'm going to be traveling to Arizona soon. Arizona will recognize my South Dakota concealed pistol permit even though I'm under 21 and they (AZ) wouldn't issue me a permit themselves because of my age. I know that open carry is legal in Arizona, but since I'm only going to be carrying legally because they'll honor my permit from SD I'm not sure if I'll be legal to carry openly myself. I'm having a hard time finding the answers and am hoping someone can point me in the right direction. Also, if open carry won't be legal for me, where can I find the statutes to determine what exactly is considered concealed and open? I don't want to become a felon because my gun prints in the wind.
    For the question about being under 21 with an SD permit is legal, don't ask here, contact DPS- I'd recommend a phone call.

    Open carry will get you many different answers. The law is ARS 13-3102.F

    Unfortunately a couple of 1994 Court Decisions, State v. Adams and State v. Moerman screwed it all up.

    In a nutshell, the law says you can carry in a belt holster and the holster (not the gun) must be wholly or partially visible. That pretty much wipes out IWB, shoulder holster and sticking it in your pants. Even SOB (Small of Back) has gotten people in trouble. Being under 21 and carrying a gun, you might as well have an "arrest me" sign on. Where most of us would be given a pass, you'd be hassled.

    The court casesinterpreted "wholly or partially visible" as meaning obvious under casual observation. Wear a gun on the right side and have a cop approach from the left where he cannot see the gun - you're carrying concealed. "Intent" is not the issue. It's like finding dope inthe car you happen to be driving - it belongs to you no matter what you claim.

    Fortunatley 99% of LEOs are great guys and will give you the benefit of the doubt, but they have the courts and law on their side giving them tremedous latitude.

    Fred

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    Thanks for the links. I really appreciate it. I know that I'm covered by my SD CCW in AZ, but I don't know about open carry, and I don't know exactly what constitutes concealed carry. Like in Texas, printing is considered open carry, and open carry is illegal, which would obviously create a problem.

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    Newbie cato's Avatar
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    azcdlfred wrote:
    Wear a gun on the right side and have a cop approach from the left where he cannot see the gun - you're carrying concealed.

    Sounds like the law requires one on each side!! I get to wear my stong side and cross draw at the same time!
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    ive been in Az for 2weeks now open carry everywhere w/o any problem, I think to many peole live a paranoid life ..Open carry all you want. The only way I see any Leo trying to get you on a CC if he cant see it would be some rookie cop all gunho..It's not as bad as it seems..excersise your right!

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