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Coming to Arizona for Bike Week

rodbender

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I have a Texas CHL and need to know particulars on where I can open/conceal carry. Also would like to know if anything special about transport in a vehicle.
 

TylerEMT

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You are able to open/conceal carry pretty much anywhere... The usual places are off limits (federal buildings, schools, and where that has a posted sign). Open carry is common only place you can't open carry is places that serve alcohol (you can conceal no prob). Car carry is fine. Just make sure you keep your CHL on you if you conceal.Hope youenjoy the feeling of letting yourgun feel the breeze. ;-)
 

azcdlfred

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rodbender wrote:
I have a Texas CHL and need to know particulars on where I can open/conceal carry. Also would like to know if anything special about transport in a vehicle.
This is the documentthat AZ CCW instructors are required to teach from. It covers most of the stuff you are looking for.

Thanks to AzCDLyour Texas CHL is recognized in Arizona.

One big difference between the two states is caryring where booze is sold. Only CCW permit holders can carry into places where booze is consumed, and a "we don't serveyour kind" (e.g. No Firearms) Jim Crow sign is not posted. You also cannot consume alcohol in those places.

And, unlike TX, open carry is legal - but clouded by court decisions.

Fred
 

azcdlfred

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rodbender wrote:
Also would like to know if anything special about transport in a vehicle.
Sorry, I overlooked this in my prior comment. As long as you have a CCW permit, you're cool. The relevant statute is ARS 13-3102.G. Unfortunately, because of a couple of 1994 court decisions, a gun in a vehicleis considered a concealed weapon unless it's holstered (in a case, etc.) and in the glove compartment, map pocket, storage compartment or trunk.

With your CHL, you're fine to carry on your person or anywhere in the vehicle, but if your passenger does not have a CHL, they are at risk of "carrying concealed without a permit" if an LEO dtermines they have access to your gun. All that is dependent on your attitutde and the knowlege and mood of the LEO if you are stopped.

Fred
 

Pace

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"a gun in a vehicleis considered a concealed weapon unless it's holstered"

Since I use a paddle, I keep the gun in the holster and put in the glove compartment, works in two ways :)
 

rodbender

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Thanks guys, all good info to have. Anything else comes to mind, let me know. My son has decided to come along and he has no CHL. Is he going to be cool if he carries his holstered in the glove box and when he gets out to carry open on his person?
 

azcdlfred

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rodbender wrote:
My son has decided to come along and he has no CHL. Is he going to be cool if he carries his holstered in the glove box and when he gets out to carry open on his person?
As long as he is 18 years or older, he can carry openly.

Fred
 

azcdlfred

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rodbender wrote:
My son has decided to come along and he has no CHL. Is he going to be cool if he carries his holstered in the glove box and when he gets out to carry open on his person?
If you are carrying on your person and he is sitting next to you, it doesn't matter where his gun is. In a vehicle, he could be cited for his proximity to YOUR firearm.

Fred
 

brokenbarrel

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if your firearm is on your person(in your control),or if holstered in glove box,map pocket ect.your fine.If it is anywhere else then he can be charged.People have been charged with this for riding with people who have gun tucked between seats but if its on you then your good because otherwise everyone whosits next to you can get poped.I just took my ccw class on march 13th and we discussed this and the case law behind it.Basicly your ccw doesnt convey to others...
 

azcdlfred

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rodbender wrote:
He'll actually be ina differentvehicle. Can he carry in the glovebox holstered?

ARS 13-3102.G (Weapons misconduct): 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 "within a means of transportation" section has been all but negated by a 1994 court decision, but a holstered gun in the glove box (or one of the other "magic" places), is fine. Whether it's loaded or unloaded is irrelevant.

Fred
 

rodbender

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Thanks, I'll be in the process of looking at the laws to see if I can decipher them. Anything comes up, I'll let you know. You do the same please.
 

r6-rider

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ARS 13-3102.G (Weapons misconduct): 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.

maybe im just reading this wrong but... doesnt the "or" mean it can be carried in the glove box without being in a holster?
 

azcdlfred

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r6-rider wrote:
ARS 13-3102.G (Weapons misconduct): 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.

maybe im just reading this wrong but... doesnt the "or" mean it can be carried in the glove box without being in a holster?
Read it this way. Must be in holster, etc.,PLUS either"within a means of transportation" OR "glove compartment, etc."

The courts have dtermined the "within a means of transportation" to mean the gun must be visible from OUTSIDE the vehicle to not be considered concealed. That only leaves the glove compartment, etc.

Bottom line - if you have a permit, you're "golden" to carry it any way you want (providing you don't have non-permit passengers). If you don't have a permit, shove it in holster, scabbard, etc. and stow it in a glove compartment, map pocket, trunk or storage compartment. And, it doesn't matter if it's loaded or not - it' still considered a deadly weapon under Arizona law.
 

Ricky Ortiz

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ok well I am kinda in the same boat I'll be heading to Arizona next month for a week to do some photographing of your native reptile's I'll be in the south eastern area of the state and was wondering what limitations there are to open carry? I'll be spending most of my time out looking for stuff to photograph so most of my time will be out in the desert flipping rocks:). To carry in the car I understand that it can be holstered and in the glove box and that is fine? Thanks for your response's and again sorry if I'm asking questions already answered a thousand times.
 

brokenbarrel

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Ricky Ortiz wrote:
ok well I am kinda in the same boat I'll be heading to Arizona next month for a week to do some photographing of your native reptile's I'll be in the south eastern area of the state and was wondering what limitations there are to open carry? I'll be spending most of my time out looking for stuff to photograph so most of my time will be out in the desert flipping rocks:). To carry in the car I understand that it can be holstered and in the glove box and that is fine? Thanks for your response's and again sorry if I'm asking questions already answered a thousand times.
make SURE your not on a reservation,they may not allow carry of anykind but more importantly they dont like people disturbing the natural habitat(ie. flipping rocks)other than that i think your good just at all times be aware of what kind of land your on and who's alot of land is private but not marked and you might be tresspassing...
 

azcdlfred

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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.

Fred
 

Ricky Ortiz

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azcdlfred wrote:
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.

Fred
Ok, well as for the disturbing land part whatever I flip I put back as exact as I flipped it. As for the reservation land I do not believe I'll be on any private or reservation land I'll check range maps to double check and see if I can find some kind of map that will outline private land. I'll be staying in Sierra vista. The holster I would be using is a Fobus paddle holster that fits a Ruger P95, if a cop approches me from my left and I keep my weapon on my right but keep a mag holder on my left side which is clearly visible can or will they still hassle me? Someone I am going with on this little trip said that he checked the laws and from what he told me he is not very accurate lol Thanks for the reply's with the info. Also, you can carry loaded open correct?
 
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