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Thread: So called 'Mexican Carry' in AZ - Legal or not?

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    Regular Member March Hare's Avatar
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    I'm confused about whether it's legal or not and was hoping someone could shed some light on the subject.

    Thanks!

    p.s. Hey, first post! :celebrate
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    Regular Member NY2AZ's Avatar
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    Simply looking at the statute regarding weapons, I would assume Mexican carry is not legal. The Arizona statute mentions that an individual is in violation unless a weapon is in a belt holster, scabbard, or case designed to hold a weapon; and that such is either wholly or partially visible.

    However when it comes to legalease, I've noticed that worded can be construed to mean many different things. For example, the statute allows for the holster to be partially visible; meaning one can throw on a jacket and be ok as long as at least some of that holster is showing, even if it's just an inch of it. Simple enough right?

    However case law has ruled that for one to be in compliance with the open carry laws, the weapon must be in such a manner that it is easily distinguishable to anyone that a person is carrying a weapon.
    Unfortunately I cannot cite the case for you because it escapes me at the moment. Hopefully some of our more experience zonies can help us out here, as well as add any other pertinant information. On a final note, welcome
    If ever you find yourself in a situation where you can't be safe, be violent!

  3. #3
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    legal, but not advised

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    What is Mexican Carry?????????????

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    when you stick it in your waist line. like the 2 girls are doing at the very top of the page in the left corner

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    Forgive me for my misunderstanding, however; what is 'Mexican Carry'?

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    Legal with a CCW, illegal otherwise because OC requires a holster. Dumb either way.

    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...

    G. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible, carried in a scabbard or case designed for carrying weapons that is wholly or partially visible or carried in luggage
    State vs. Adams muddies the water as to what is considered Open Carry.

    We begin with the standard definitions. According to Webster's Third New International Dictionary 469 (1966),
    "conceal" means "to prevent disclosure or recognition of' or "to place out of sight." According to State v. Pudman,
    "The common definition of the word 'conceal' is 'to hide or withdraw from observation; to cover or keep from
    sight.''' 65 Ariz. 197, 211, 177 P.2d 376, 386 (1946) (quoting People v. McGinnis, 55 Cal. App.2d 931, 132 P.2d
    30, 32 (1942)). The problem with such definitions is that they just restate the question: Was this weapon
    concealed, hidden from observation, or placed out of sight when it could have been seen from a certain angle by
    one who undertook to see it?
    To answer this question, it helps to consider the purpose of A.R.S. ยง 13-3102(A). We have held that - the statute
    is intended to " 'protect[] the public by preventing an individual from having on hand a deadly weapon of which the
    public is unaware, and which an individual may use in a sudden heat of passion.' "State v. Moerman, 182 Ariz.
    255, 261,895 P.2d 1018, 1024 (App. 1994) (quoting Dano v. Collins, 166 Ariz. 322, 324, 802 P.2d 1021, 1023
    (App.1990)). For that purpose, this weapon was concealed, as there was nothing about its location that put
    others on notice of its presence...

    ...We are satisfied after surveying such case law that the standard of "ordinary observation," when applied with
    common sense, will serve to determine whether a weapon is concealed.
    In other words... get a CCW permit or make sure that when you OC you do so obviously because this definition is way too vague to wager you freedom.

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    r6-rider wrote:
    when you stick it in your waist line. like the 2 girls are doing at the very top of the page in the left corner
    Those girls are using IWB holsters.
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    Regular Member brokenbarrel's Avatar
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    its also called the verginia tuck



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    March Hare wrote:
    I'm confused about whether it's legal or not and was hoping someone could shed some light on the subject.

    Thanks!

    p.s. Hey, first post! :celebrate
    Welcome aboard. AFA "Mexican Carry" is concerned, why not just purchase a $20 Uncle Mike Sidekick paddle retention holster and be done with it?

    That way you won't look like a wanna-be gangster and freak out others when you enter a business.

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    Double tap....

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    'puter....

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    Slow 'net...fast 'puter....

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    Aw phugket it....

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    Don't let the ATF find out that your keyboard has a malfunctioning disconnector GW.
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    JesseL wrote:
    r6-rider wrote:
    when you stick it in your waist line. like the 2 girls are doing at the very top of the page in the left corner
    Those girls are using IWB holsters.
    i know i forgot to mention that its only "mexican carry" if its not in a holster



    "G. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible"

    my mistake on the misinformation, i did not remember reading that it had to be in a holster

  17. #17
    Regular Member March Hare's Avatar
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    Thanks everyone for the replies and information, this cleared up the confusion for me, and I'm sure for others as well!
    $2 Bill - Calling Card of the 2A Movement
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    Regular Member NY2AZ's Avatar
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    YOu know what? This got me to thinking, The statute mentions in a belt holster, scabbard, or case. What about a shoulder holster? Is that a violation?

    Does anyone know?
    If ever you find yourself in a situation where you can't be safe, be violent!

  19. #19
    Regular Member NY2AZ's Avatar
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    JesseL wrote:
    Don't let the ATF find out that your keyboard has a malfunctioning disconnector GW.
    You beat me to it
    If ever you find yourself in a situation where you can't be safe, be violent!

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    NY2AZ wrote:
    YOu know what? This got me to thinking, The statute mentions in a belt holster, scabbard, or case. What about a shoulder holster? Is that a violation?

    Does anyone know?
    I suppose you can argue that one of two ways. The shoulder holster has belts- didn't say the belts had to be around your waist. The second is, shoulder holster seems to lend itself better to CCW, therefore it would be covered by the permit.

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