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Thread: Nitpicking Vehicle carry

  1. #1
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    Alright I have a question about Laws regarding carrying a handgun in a car.

    My interpretation on the law is - As long as it's in a holster, there is no problem
    Keep in mind that this is if you do NOT have a CCW permit.
    I know that if you carry concealed on the street without a permit = breaking the law.

    As I interpret the law, If you're in your vehicle and the gun is holstered (no matter where it is), no problem. But as soon as you take the gun out of the holster and it's not in view, (under the seat for example) you've broken the law.

    Can someone help me? I've seen many conflicting opinions here and I've provided the specific legislative link.


    http://www.azleg.gov/FormatDocument....mp;DocType=ARS



    A. A person commits misconduct involving weapons by knowingly:


    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;


    F. 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.



    The Paragraphs 2 and F are relevant.
    See how Paragraph F nullifies Paragraph 2... I know you guys have seen these Titles and Paragraphs plenty of times, I just wanted to link them so you didn't have to go digging for them.


    If there is some other documentation should be aware of can someone point me there?

  2. #2
    Regular Member AZkopper's Avatar
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    You are half right. Holstered anywhere in a vehicle is OK. Plain sight unholstered is OK. Unholstered in a glovebox or center console box is OK.

    Under the seat unholstered, under a coat unholstered, etc is NOT OK.

    To understand the maze, you must understand the legislative intent, and their goal to balance personal rights with LEO safety. The concept is that a reasonable person should expect that an item (ie: gun) could/should be in a container that is being opened; An overt/obvious act (opening the case) is needed to retreive the weapon. A holster covers the same basis; the gun must be accessed and removed from the holster. Plain view is plain view; If you don't notice a gun on the front seat, you've got more problems that just that.

    A gun, unholstered and under the driver's seat, for example, is surreptitious, and therefore viewed as dangerous.

    There is no codified 'two-step' process for firearms in vehicles in AZ, as some think. But with that understanding, the legislative intent bares close resemblance to a 'two step' process for non-plain view guns.

    I am not saying I agree with the lawmaker's intent, I am just explaining it.

  3. #3
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    Alright.
    So If I have it in a holster, then I could place it under the seat, glove box, on the seat, under my shirt, or on my hip?


    But If I didn't have the holster, The only legal options would be on the seat or in the Glove Box?



    An officer on another forum tried to convince me that Paragraph 2 refers to a deadly weapon while Paragraph F refers to a weapon. Supposedly there was a difference between to two.

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    F. 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.

    i dont know if im reading it wrong but the way i am reading it is, it has to be in a holster when carried in the glove compartment. how would it be legal to just throw it in there without being in the holster?

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    r6-rider wrote:

    F. 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.


    i dont know if im reading it wrong but the way i am reading it is, it has to be in a holster when carried in the glove compartment. how would it be legal to just throw it in there without being in the holster?
    The two different colors seem to dictate different conditions.
    So if you follow the red words you're legal, or if you follow the green words you're legal.

    Or if you follow both green and red you're super legal.

    I wouldn't put too much money on it though.

  6. #6
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    ah of course i missed the word OR... thats what happens when your stuck in a field for 3 days with no sleep

  7. #7
    Regular Member Sonora Rebel's Avatar
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    Simply put... w/o the 'legaleze' mumbo-jumbo:

    Put on gunbelt... put gun in holster... wear it openly. Get in vehicle... drive anywhere ('cept Federal Installations 'n such). Get out of vehicle... retain holsterd gun.

    Put gun in glovebox or center console.Bare or in a holster.

    Maintain immediate control of the gun at all times... No juvvies, no felons in the vehicle can have access... just you. Very simple process.

    That's it.





  8. #8
    Regular Member Sonora Rebel's Avatar
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    r6-rider wrote:

    F. 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.

    i dont know if im reading it wrong but the way i am reading it is, it has to be in a holster when carried in the glove compartment. how would it be legal to just throw it in there without being in the holster?
    Key word is "OR""... within a means of transportation "or" within a storage compartment, map pocket,..."

    Just throw it in there and shut the door. Or... the map pocket of the door... which will have no door.

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  11. #11
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    I see what everyone is saying here...and I must say the legal wording is crap...just give it to me in Arizona wording please.

    Crossfires Jedi's Wording
    Wear the gun in a holster on your frign hip. If you think you will be wearing a jacket and would cover the gun, then get your CCW. (60 day frign wait now btw) If you don't want to do that then put it in the glove compartment. Keep nut jobs out of your car as well as career idiots that break the law. Keep your firearm at your side, not your kids.


    I'm just say'n...it would be easier to be blunt. If you liked my wording, Sonora would definately have me beat.


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  12. #12
    Regular Member Sonora Rebel's Avatar
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    'Cowboy' spoken here. Lawyers must get paid by the word to write this stuff. By the time yer done wadin' thru all that yer still shakin' yer head... 'Say whut?' The K.I.S.S. principle eludes them: (Keep It Simple Stupid)

    It ain't rocket science. This is Arizona... wear it!

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