imported post
No, AZKopper like many others here on this issue is NOT correct. Either people here are incapable of reading a simple document or are imagining that the law says things that simply aren't there. I guess I have to spell it out for the 100th time:
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; or
It is clear here that this statute refers soley to concealed carry of weapons which is authorized by the section 13-3112 if one holds a valid permit according to that section. It doesn't say anything about "carrying a deadly weapon" in general but simply carrying one without the required permit that is relevant to the said section of the statute. Please take note of the bold print that I emphasized.
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
Same as above. This refers to concealed carry without a permit. Both of these statutes specifically refer to carry without a concealed weapons permit issued by DPS in the statute. Nothing here is said or makes any reference at all to "open carry" of weapons.
F. 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.
This is where people for some strange reason continue to get confused. This is still talking about
concealed carry as that is what Subsection A, paragraph 1 is about. If it wasn't about concealed carry, it wouldn't have said "pursuant to section 13-3112" which is about the DPS-issued concealed weapons permit. This section F contains exemptions to certain types of
concealed carry. If a gun is in luggage, then it is naturally concealed. If a gun is in a case, it is concealed. If aweapon is in a holster or scabbard, naturally part of the weapon is going to be concealed (the part that is inside the holster or scabbard). This exemption is designed most likely to avoid technicalities over open carry where part of the weapon is indeed concealed. No where does this statute mandate that open carry must be done in this fashion. Again, it allows certain types of concealed carry. For one, the entire weapon can be concealed as long as the holster, scabbard, or case it is in is visible. If it was required that you had to have the gun in some type of case or holster at all times, it would say so. Show me where it says "must have in case/holster" because I don't see it there. You can stand right on the street corner passing your firearms around to your friends showing each other your pieces but as long as you are not handling them in a dangeorus or reckless manner, it is legal. If you can finda statute showing me you cannot do that, please post it here. Luggage, I assume, would refer to things like suitcases and backpacks. Not so sure about purses. This says you can carry concealed without the concealed permit if the gun is inside your luggage. Not rocket science to figure out.
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.
Again, paragraph 2 is specifically about the DPS-issued concealed weapons permit and this part of section F provides further exemptions. This is where the "two action" concept comes forth. Notice how this portion says absolutely nothing about the gun or other weapon having to be visible. It says nothing about visible weapons here. All it says is that the gun has to be inside of some type of "case." If your gun is under the seat and not in a holster, you will need to have a CCW permit. If the gun is under the seat but in a holster, it is exempted by this section. If a gun is in some type of "case" such as a holster, it would require "two actions" to use it--uncasing it and firing it vs. one action--simply grabing it and firing it. They teach you in the CCW permit class, that state law considers a holstered gun for the purposes of this section as "cased." Now one can reasonably assume that this exemption does not apply to to a gun that is actually on one's person while in the vehicle as paragraph 1 refers to that portion. So if the holstered gun is being worn by you while you are driving, paragraph 1 would apply but if the gun was somewhere else in the car and not on anyone's person, paragraph 2 applies.
You can read the entire weapons and explosives section up and down, and you won't find anything about open carry which means that open carry is legal here. You can walk around all you want with an AK-47, shotgun, sword, bow and arrows, etc. Just don't conceal them unless you either have the permit or at least have the "case" visible if they are in a type of case (such as a holster) and don't point them at other people or display them in a reckless, threatening, or dangerous manner. Unless you can prove otherwise with actual quotes from the statutes, I rest my case.
