Ricky Ortiz wrote:
what limitations there are to open carry?
In addition to what brokenbarrel pointed out about Indian Reservations, open carry is also defined in ARS 13-3102.G
under weapons misconduct. Per statute, the weapon's misconduct law "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." All this is predicated on NOT having a CCW permit. With a CCW permit, this doesn't apply and you can carry openly using any method you want. Open carry WITH a permit is perfectly legal and the best way to make sure you are legal. And, Arizona recognizes the permits of EVERY state (non-residents only).
However, WITHOUT a CCW permit,you must wear a belt holster and the holster, NOT the gun must be visible. If you wear a Miama Vice wannabe shoulder rig, you are violating the law. If you wear a Rambo-wannabe thigh rig, you are violating the law. If you wear an IWB that hides the holster in your pants with only your gun showing, you are violating the law.
It gets worse. The courts have interpreted "wholly or partially visible" to mean it must be obvious under ordinary observation thatyou are wearing a gun. If you are wearing a gun on your right side and are approached by a cop on your left side who does not see your gun, and you do not have a CCW permit, he can arrest you for CCW without a permit (it has happened).
Now, all of this nonsense goes away (including the language in ARS 13-3102.G) if/when we get Constitutional Carry passed.