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Thread: Open Carry in Phoenix

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    I am a native Ohioan and was discouraged from Open Carry because I didn't know what would happen. Luckely I had a friend in Arizona that that he did it all the time. I had him OC in Phoenix and then I did to. I open carried in the mall, Wall Mart, Hometown buffet, and Auto zone. I got a few looks and someone said,"Nice piece are you a cop?" I said no I just a citizen. All in all I had no problems. I just a pain the the ass to go load and unload the gun from my trunk because someone might wonder what I'm up too because I don't have a CCW. I plan on OC in ohio when I get back here is a pic.

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    Why do you keep it in the trunk?

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    Maybe he is confused and thinks AZ requires concealed carry permit to OC inside a vehicle.

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    That's what I wanted to clarify, because if it is holstered, or in the glove box, or center console, or other compartment or luggage, or visible and holstered on you that no need for a permit.

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    FYI, if it is in the glove box or center console, it must still be in a holster.

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    Could someone paste the link to the arizona statute that says I can open carry in a car without a license so I can know for sure.

    Joe

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    I called the DPS in Arizona a while back and the trooper confirmed that I can have it holstered in a glove box or other compartment and without me even asking he asked me why I don't put it on my hip and carry it openly. And this is straight from Arizona's website:

    WHERE CAN I CARRY A WEAPON?
    GENERALLY, MISCONDUCT INVOLVING WEAPONS DOES NOT APPLY TO:
    * A deadly weapon which is immediately accessible and carried openly by a means that makes it obvious to a casual observer the person is carrying a deadly weapon ("open carry")

    * A person in his home, on his business premises or on real property owned or leased by that person

    * Within a means of transportation, a deadly weapon that is not immediately accessible or if it is clearly visible to a casual observer or if it is carried in a container that makes it obvious the person is transporting a deadly weapon

    * A peace officer or any person summoned by any peace officer to assist while actually in the performance of official duties

    * A warden, deputy warden or correctional officer of the state department of corrections

    * A member of the military forces of the United States or of any state of the United States in the performance of official duties

    * A person specifically licensed, authorized or permitted (ccw permit) pursuant to a statute of this state or of the United States. Permit holders are subject to the below listed restrictions

    * Active/retired law enforcement officers carrying under the Law Enforcement Officer Safety Act of 2004 (LEOSA)

    FIREARMS ARE PROHIBITED OR RESTRICTED IN THE FOLLOWING PLACES (with or without a permit)
    * Businesses serving alcohol for consumption on the premises (peace officers are excepted)

    * Polling places on election days (peace officers are excepted)

    * School grounds (some exceptions – see below) (peace officers are excepted)

    * Commercial nuclear & hydroelectric generating stations (peace officers are excepted)

    * Military installations (peace officers are limited)

    * Indian reservations (check w/tribe, peace officers are limited)

    * Game preserves (peace officers are limited)

    * National parks (peace officers are limited)

    * Correctional facilities

    * Federal buildings (peace officers are limited)

    * Airports (in or beyond security checkpoints) (peace officers are limited)

    * Where federal, state or local laws prohibit weapons (peace officers are limited)

    * State or local government/private establishments or events when asked by the operator/sponsor/agent. Most government facilities will provide a location to temporarily store a firearm. Persons who refuse to leave and/or secure their weapon are trespassing and can be cited or arrested for 13-1502A1 (C3M) or 13-1503A (C2M), depending on the venue (peace officers are excepted)

    School exceptions (Concealed or not):
    * You are an adult in a vehicle and the firearm is unloaded before entering school grounds. Furthermore, if you must exit your vehicle, the firearm must remain unloaded and be secured (locked) within the vehicle, out of plain view (ARS 13-3102.I.1) Use caution and common sense if you must exit the vehicle with a firearm to secure it in the trunk (avoid causing a potentially serious disturbance)

    * You are an adult attending a firearms related class (hunter/safety) or participating in a school program that requires you to bring or possess a firearm and the training or event was scheduled and approved by school administrators (ARS 13-3102.H & I.2). This exception also applies to a juvenile accompanied by a parent, grandparent, legal guardian or a certified hunter/firearms safety officer acting with the permission of a parent or guardian (ARS 13-3111.A). The firearm will be unloaded before entering school grounds and should be placed in a case to avoid causing a potentially serious disturbance

    * Additionally, designated employees of a school may order a person off of school property if that person is believed to be interfering with school operations. School boards may also enact specific and more restrictive rules governing firearms and deadly weapons on school grounds (ARS 13-2911). Determine the what the rules of a school are before attempting to enter

    PERMIT HOLDER REQUIREMENTS
    * A qualified person must have the permit in possession when carrying a concealed weapon

    * The permit must be presented to any law enforcement officer upon request, along with a driver’s license, military ID, state ID card or passport

    * A law enforcement officer may temporarily take possession of a firearm during traffic stops or other official contacts with the public

    Carrying in Other States
    It is extremely important that all Arizona Permit holders be aware of the CCW requirements and laws of all reciprocating/recognizing states. An Arizona CCW permit does not supersede any other state's law or CCW requirements. Persons carrying an Arizona permit are subject to the laws of the state they are visiting.

    If you are an Arizona permit holder traveling to another state and wish to carry a concealed weapon using your Arizona permit, contact that state directly to confirm their recognition status before carrying concealed weapons there.

    Some states only recognize permits from persons who are a resident of the issuing state.

    Some states have an active CCW reciprocal agreement on file with the State of Arizona. This means your Arizona permit allows you to carry concealed under their respective state statute, and Arizona will reciprocate by recognizing CCW permits issued by these states, regardless of whether they are "Resident" or "Non-Resident," if so marked. Please go to the reciprocity/recognition page fore more information.



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    I hope I answered all your questions. If You are Skeptic Joe, here's the link to the Arizona website: http://www.azdps.gov/cwpu/procedures/carry.asp



  9. #9

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    "Within a means of transportation, a deadly weapon that is not immediately accessible or if it is clearly visible to a casual observer or if it is carried in a container that makes it obvious the person is transporting a deadly weapon"



    This is a grey area. If your in a car is carrying in a holster visual to a casual observer? This is not the actual law. I am not a skelptic or arguing with anybody I just want to see the actual law that says how I should transport the weapon.

    Joe








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    Here you go:





    It is unlawful to carry a firearm concealed within the immediate control of any person in or on a means of transportation. This does not apply to firearms carried in a case, holster or in a means of transportation or a storage compartment, trunk, pack, luggage, or glove compartment of a means of transportation.

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    Could you paste the link.

    Thanks,

    Joe

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    Thanks. I was going to post it, but you were faster. The bottom line is that in Arizona I never had problems carrying openly or in a vehicle.... If anyone wants to try open carry, Arizona is a great first state to start doing that.

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    Could you please paste the link so I can see the law.

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    Arizona revised statutes:

    13-3102

    A. A person commits misconduct involving weapons by knowingly:

    1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person

    2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or...

    Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.

    http://azleg.state.az.us/FormatDocum...mp;DocType=ARS









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    freedom_fighter777@hotmail.com wrote:
    Could someone paste the link to the arizona statute that says I can open carry in a car without a license so I can know for sure.

    Joe
    Normally you will not find a statute explaining this - most states do not require a license to carry in vehicles, though some require that it be concealed (e.g., Texas).

    In Arizona, due to a court case where a fellow had his gun stuffed in the side door pocket and it was found to be concealed by the court even though if you stuck your head in the window you could see it, many folks became resik averse to unlicensed open carry - accordingly, the legislature clarified what is meant by "concealed" within their generalized ban on concealed carry.

    Look at the unlicensed traveler's map - many states require no license to open carry in vehicles.



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    I am a California resident and have been visiting Arizona for a week now. I will be staying two days in Phoenix and have open carried tonight and plan to open carry all day tomorrow. So far, it has been uneventful and I'm not sure anyone has even noticed.

    I was in Tombstone earlier today so I will report back on the difference between the two cities.



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    inetprez wrote:
    I am a California resident and have been visiting Arizona for a week now. I will be staying two days in Phoenix and have open carried tonight and plan to open carry all day tomorrow. So far, it has been uneventful and I'm not sure anyone has even noticed.

    I was in Tombstone earlier today so I will report back on the difference between the two cities.

    Hell in Tombstone you will fit right in- I'm guessing down there, they may even look at you funny if you are not OC. Seriously though- OK Corral andBoot Hill (for which Tombstone is famous) are almost synonymous with a time when men were men(andcarried open).

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    Yeah, being in Tombstone, with all the "cowboys" dressed up and open carrying made me less nervous about it. However, being from California, I was still uncomfortable as the freedoms you have here have long since been taken from us there. I did get a few looks from the tourists walking around and was being watched by one of the store clerks while shopping, but overall, it was fairly straight forward.

    Today we are in Phoenix all day and I will be open carrying today as much as possible. Let's hope the LEOs don't give me a hard time...:?



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    Inetprez

    What part of California are you from? There are a few of us here who are open carrying in the People's Republik. You just have to know all the ins and outs of the convuluted laws, but it can be done.

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    freedom_fighter777@hotmail.com wrote:
    "Within a means of transportation, a deadly weapon that is not immediately accessible or if it is clearly visible to a casual observer or if it is carried in a container that makes it obvious the person is transporting a deadly weapon"

    This is a grey area. If your in a car is carrying in a holster visual to a casual observer? This is not the actual law. I am not a skelptic or arguing with anybody I just want to see the actual law that says how I should transport the weapon.

    Joe
    What ARS 13-3102 seems to say has been twisted by a couple of 1994 Appellate Court decisoins: State v. Adams and State v. Moerman. You can find them on the AzCDL Educational page.

    Also go to the DPS website and read"Legal Issues Relating to the use ofDeadly Force." It's the document that CCW Instructors are required to teach from. In particular, read pages 20-24 to see the pitfalls invovled.

    There are anumber of bills this year that address various aspects of open carry, vehicle carry, etc.

    Fred

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    Fred,

    Does azCDL have anything in the works in the "no carrying into any establishment that serves alcohol" department? I really find it to be a pain in the butt to carry, then not be able to go somewhere like Chili's... legally.

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    ATCer wrote:
    Fred,
    Does azCDL have anything in the works in the "no carrying into any establishment that serves alcohol" department? I really find it to be a pain in the butt to carry, then not be able to go somewhere like Chili's... legally.
    The Governor has all but vowed to veto any Restaurant Carry legislation. In the last two years, Restaurant Carry legislation has died early. Last year a Restaurant Carry amendment was added to a bill for the purpose of getting the bill killed. The Dems hate it and the RINOs hide under their desks. The votes are not there for any real reform. And, unless conservatives and gun owners stop pouting about siting out the November elections, the Arizona House will probably have a Democrat majority next session and any hoping of pushing through good gun laws are gone.

    This year, after a legislator's wife got mugged in a parking lot, Seantor Harper introduced SB 1132, a poorly crafted bill that attempts to address the governor's concerns. We're holding our nose on SB 1132. Unless it gets worse, we're staying neutral.

    Restaurant Carry is one of our goals.I lived the last 15 years in Virginia where I could wear a gun, walk into a bar and consume alcohol if I desired. Yeah, it's notsocially responsible,but it was my r-i-g-h-t.

    Hang in there. We want Restaurant Carry, alongwith many other things.We also have to accept the realities of the environment we're working in.

    Fred

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    I just don't understand their issue on this. It's crazy. My wife and I were within 30 mins of a robbery/abduction/rape a couple of years ago at a restaurant here in Phoenix that serves alcohol(we had just leftwhen the robbery occurred)- scared the cr*p out of me when I found out about it later that evening.

    Isn't there a bill this year attempting it again, 2628 I think it was.

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    Notso wrote:
    I just don't understand their issue on this. It's crazy. My wife and I were within 30 mins of a robbery/abduction/rape a couple of years ago at a restaurant here in Phoenix that serves alcohol(we had just leftwhen the robbery occurred)- scared the cr*p out of me when I found out about it later that evening.

    Isn't there a bill this year attempting it again, 2628 I think it was.
    SB 1132 (see my earlier message)

    Fred

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