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Thread: AZ open carry

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    AZ open carry

    Hi guys I am a little unclear on the AZ laws on OC. I am going to be down along the I-8 area between tucson and yuma, and I am wondering if there are any wierd laws that I should know about before open carrying anywhere, and specifically in this area both long arms and handguns. I am a resident of Oregon and I do hold a ccw in oregon. Thanks for any info.

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    Regular Member oldbanger's Avatar
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    ....no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible. ...

    ...On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard....

    http://en.wikipedia.org/wiki/Gun_law...ate%29#Arizona
    Last edited by oldbanger; 10-25-2010 at 09:19 AM.

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    Quote Originally Posted by oldbanger View Post
    ....no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible. ...

    ...On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard....

    http://en.wikipedia.org/wiki/Gun_law...ate%29#Arizona
    As of last July a lot of that is no longer true. If you're over 21 there is no distinction between open or concealed (including within vehicles). You can carry what you like, how you like, where you like; as long as you stay out of prohibited places and answer truthfully when a police officer asks if you're armed.

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    Regular Member March Hare's Avatar
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    Welcome to Arizona!

    If you are:
    Over 18: No permit is required to carry loaded or unloaded, openly.
    Over 21: No permit is required to carry loaded or unloaded, openly or discretely.
    You can carry whichever way you prefer and that is legal for your age range.

    There are some exceptions;

    You can't carry openly into any place that sells alcohol for consumption on the premises.
    You can't carry discretely into any place that serves alcohol for consumption without a concealed carry permit. Your firearm must remain concealed, and, you can NOT consume alcohol!
    You can't carry discretely into any place that serves alcohol for consumption if they have signs posted prohibiting firearms. (They don't get my money...)

    Private businesses can ask you to leave, if you don't you can be charged with trespassing. (None of my money there either!)

    No carrying into government buildings or onto school grounds. The 1000' GFSZ law isn't enforced in AZ.
    Be careful around reservation land, they have their own rules and it can get dicey.

    Of course, drinking and carrying is a bad combination, don't!

    When in a vehicle, you may carry discretely, but if stopped by a LEO, you might be asked if you have a firearm, if you are asked, you must tell them. They might take the firearm for the duration of the stop.

    AzcdlFred posted this:
    I highly recommend you print and read this document: http://www.azdps.gov/Services/Concea..._ccw_legal.pdf
    It's the best free resource you can find for Arizona's gun laws and what they mean.
    Thanks Fred!

    It's always best to go directly to the source of the law to find out where you stand!

    You probably won't run into any problems during your stay, the sight of firearms in AZ is pretty common. You might get a comment or a question about the caliber you're carrying, that's about it!

    Enjoy your stay!

    -MH
    Last edited by March Hare; 10-25-2010 at 03:34 PM. Reason: More clarification.
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    Regular Member Sonora Rebel's Avatar
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    If you're on NDN land 'n have to exit your vehicle for any reason. Leave the weapon in the vehicle. Other than that... what's been said is about the extent of it. Welcome to Arizona. Shoot straight!

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    Question on this part
    You can't carry openly into any place that sells alcohol for consumption on the premises.

    Is that exactly how the law is? Or is it like Michigan, where the sale of alcohol has to make up a certain percentage of sales.

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    Quote Originally Posted by jeremy05 View Post
    Question on this part
    You can't carry openly into any place that sells alcohol for consumption on the premises.

    Is that exactly how the law is? Or is it like Michigan, where the sale of alcohol has to make up a certain percentage of sales.
    Yep, that's the current law. You can only carry in an establishment that serves alcohol (whether Applebee's or a biker bar) if you have a CWP, your weapon is concealed, and the establishment doesn't have the official sign prohibiting guns.

    http://www.azleg.state.az.us/ars/4/00229.htm

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    One in the barrel

    Are we sure about the one in the barrel law?

    How many rounds are we allowed with an open/consealed carry in AZ?
    Last edited by mkspllmn; 08-18-2011 at 03:45 AM.

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    Quote Originally Posted by mkspllmn View Post
    Are we sure about the one in the barrel law?

    How many rounds are we allowed with an open/consealed carry in AZ?
    Welcome mkspllmn.

    You're looking at that backwards... the government here does not "allow" us to carry or not carry, and have a round or not have a round in the chamber... instead they don't prohibit us from those things, except as noted above. There is no mention in the law about the number of rounds or whether you have one in the chamber, so by default, there is no prohibition.

    Enjoy your stay - there's a lot of knowledge here.

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    Quote Originally Posted by mkspllmn View Post
    Are we sure about the one in the barrel law?

    How many rounds are we allowed with an open/consealed carry in AZ?
    I know some states prohibit one in the tube, but for the life of me I can't imagine why one wouldn't carry one in the chamber. My pistol is a decocker model so I carry accordingly (one in the tube half-cocked and tbh I can't really tell that much of a difference between the SA and DA pulls), but I would feel just fine carrying in condition 1 with a pistol so designed (i.e. 1911)! Having to rack a round under pressure does not appeal to me in the least.

    As to number of rounds, the more the merrier-to a degree, I wouldn't want to carry a big 30 mag on a handgun- that's just too unwieldy but in the case of a zombie outbreak more bullets is better, gives me a fighting chance to get to my long guns.

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by Dahwg View Post
    As to number of rounds, the more the merrier-to a degree, I wouldn't want to carry a big 30 mag on a handgun- that's just too unwieldy but in the case of a zombie outbreak more bullets is better, gives me a fighting chance to get to my long guns.
    Some states ban the larger magazines. California has a ban on anything that holds more than 10 rounds.

    Last year, after the Giffords incidient, an Arizona legislator introduced a bill to limit magazines to 10 rounds. In Congress, there are Senate Bill S32 and House Bill HR308 that call for a 10 round limit.

    Fred
    Last edited by azcdlfred; 08-25-2011 at 03:23 PM.

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    Quote Originally Posted by March Hare View Post
    Welcome to Arizona!

    If you are:
    Over 18: No permit is required to carry loaded or unloaded, openly.
    Over 21: No permit is required to carry loaded or unloaded, openly or discretely.
    You can carry whichever way you prefer and that is legal for your age range.

    There are some exceptions;

    You can't carry openly into any place that sells alcohol for consumption on the premises.
    You can't carry discretely into any place that serves alcohol for consumption without a concealed carry permit. Your firearm must remain concealed, and, you can NOT consume alcohol!
    You can't carry discretely into any place that serves alcohol for consumption if they have signs posted prohibiting firearms. (They don't get my money...)

    Private businesses can ask you to leave, if you don't you can be charged with trespassing. (None of my money there either!)

    No carrying into government buildings or onto school grounds. The 1000' GFSZ law isn't enforced in AZ.
    Be careful around reservation land, they have their own rules and it can get dicey.

    Of course, drinking and carrying is a bad combination, don't!

    When in a vehicle, you may carry discretely, but if stopped by a LEO, you might be asked if you have a firearm, if you are asked, you must tell them. They might take the firearm for the duration of the stop.

    AzcdlFred posted this:

    Thanks Fred!

    It's always best to go directly to the source of the law to find out where you stand!

    You probably won't run into any problems during your stay, the sight of firearms in AZ is pretty common. You might get a comment or a question about the caliber you're carrying, that's about it!

    Enjoy your stay!

    -MH
    Aha! Alabama has one things you guys don't! no law regulating OC or CC in a place that serves alcohol!
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

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    Regular Member acmariner99's Avatar
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    18 -21 Clarification

    I have seen repeatedly that someone over 18 and under 21 can carry a handgun openly in Arizona. I was told yesterday that someone in that age bracket cannot have a handgun in their POSSESSION without written authorization from someone over 21 (particularly a parent), let alone carry it in public. This does not apply to me directly, but rather a friend of mine who wants to be able to carry. The federal statutes only say that a dealer cannot sell a handgun to someone under 21 (that I can see anyway). I have seen a lot of stories and examples from individuals here carrying below 21 years old, but I got told from a retired LEO and gun shop owner that someone under 21 cannot have a handgun .. period unless they are under direct supervision of someone who is over 21 and in a place where they could be allowed to have it -- like a range. Could you clarify this for me and provide statutes (federal and state) and/or court cases which back up your statements. Thanks.

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    Quote Originally Posted by acmariner99 View Post
    I have seen repeatedly that someone over 18 and under 21 can carry a handgun openly in Arizona. I was told yesterday that someone in that age bracket cannot have a handgun in their POSSESSION without written authorization from someone over 21 (particularly a parent), let alone carry it in public. This does not apply to me directly, but rather a friend of mine who wants to be able to carry. The federal statutes only say that a dealer cannot sell a handgun to someone under 21 (that I can see anyway). I have seen a lot of stories and examples from individuals here carrying below 21 years old, but I got told from a retired LEO and gun shop owner that someone under 21 cannot have a handgun .. period unless they are under direct supervision of someone who is over 21 and in a place where they could be allowed to have it -- like a range. Could you clarify this for me and provide statutes (federal and state) and/or court cases which back up your statements. Thanks.
    http://www.handgunlaw.us/ Click on Arizona.

    Also: http://www.gunlaws.com/agog.htm

    No financial kickback (unfortunately, I know I'm responsible for at least ten sales of this book...), but it's probably the best guide available, at most local gun stores, or order on-line.

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    Regular Member acmariner99's Avatar
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    Feedback Question

    Handgunlaw.us says specifically "you must be 21 to carry in Arizona." But it makes no reference to whether it is open or concealed. Therefore I must ask if the 'maps' section in this forum is misleading -- it says that one can be 18 years old to Open Carry in Arizona. I will read further and get that book mentioned previously, but a lot of information I am getting isn't specific enough. Thanks.

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    Quote Originally Posted by acmariner99 View Post
    Handgunlaw.us says specifically "you must be 21 to carry in Arizona." But it makes no reference to whether it is open or concealed. Therefore I must ask if the 'maps' section in this forum is misleading -- it says that one can be 18 years old to Open Carry in Arizona. I will read further and get that book mentioned previously, but a lot of information I am getting isn't specific enough. Thanks.
    Handgunlaw.us is a bit myopically focused on concealed carry.

    ARS 13-3102 says:
    A. A person commits misconduct involving weapons by knowingly:
    ...

    2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
    ...
    So a person under 21 can't carry a concealed weapon except a pocket knife.

    ARS 13-3111 says:
    13-3111. Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification

    A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.

    B. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and who is any of the following:

    1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

    2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

    3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

    4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.
    ...
    That's where people under 18 aren't allowed allowed to carry a gun outside the specified circumstances.


    There is nothing in the law that says people 18-21 can't possess or carry unconcealed weapons, so it's as legal as can be.

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    The prohibition of people under the age of 18 carrying was only imposed about 2000

    Quote Originally Posted by JesseL View Post
    Handgunlaw.us is a bit myopically focused on concealed carry.

    ARS 13-3102 says:


    So a person under 21 can't carry a concealed weapon except a pocket knife.

    ARS 13-3111 says:


    That's where people under 18 aren't allowed allowed to carry a gun outside the specified circumstances.


    There is nothing in the law that says people 18-21 can't possess or carry unconcealed weapons, so it's as legal as can be.
    It may take us a while to repeal that silly prohibition. A good first step would be to let minors carry if they have parental permission.

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    Quote Originally Posted by ccwinstructor View Post
    It may take us a while to repeal that silly prohibition. A good first step would be to let minors carry if they have parental permission.
    Makes me wistful for the days when I was a kid. When I was little, I could pack my dad's 22 pistol around on my hip with nary a raised eyebrow -- and take my 22 rifle to school for show-and-tell. Try doing that nowadays!

    Plus, I actually bought my first pistol (a Ruger Blackhawk) when I was 12. Yes, you read it right, 12. At a Western Auto of all places. No paperwork, no idiocy, no nonsense. Went in, put down my money, and walked out with it.

    Ah, the memories...

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    I had my daughter carry a Glock 19 around Arizona when she was 16

    Quote Originally Posted by Pistol-Packing-Preacher-in-PV View Post
    Makes me wistful for the days when I was a kid. When I was little, I could pack my dad's 22 pistol around on my hip with nary a raised eyebrow -- and take my 22 rifle to school for show-and-tell. Try doing that nowadays!

    Plus, I actually bought my first pistol (a Ruger Blackhawk) when I was 12. Yes, you read it right, 12. At a Western Auto of all places. No paperwork, no idiocy, no nonsense. Went in, put down my money, and walked out with it.

    Ah, the memories...
    In Walmart, a clerk asked her if it was a "real" gun. She replied, "Yes, it wouldn't make any sense to carry a toy." I proudly said: "This is Arizona, not California."

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by acmariner99 View Post
    I have seen repeatedly that someone over 18 and under 21 can carry a handgun openly in Arizona. I was told yesterday that someone in that age bracket cannot have a handgun in their POSSESSION without written authorization from someone over 21 (particularly a parent), let alone carry it in public.
    Your sources are incorrect. Don't believe what you are told (even here!) without an Arizona statute or case law to back it up. Arizona statutes and case law should be your only sources.

    ARS 13-3102 are the statutes dealing with "weapons misconduct."

    ARS 13-3102.A.2 says that under 21 "concealed" carry (ONLY) is against the law.

    ARS 13-3102.B.3 defines methods of carry that don't violate ARS 13-3102.A.2.

    Paraphrasing the law - If you are under 21 you may not carry "concealed" and may only carry using the methods in ARS 13-3102.B.3 which means "open carry" if you are wearing a "weapon."

    Nowhere in ARS 13-3102 does it say you need to have a note from an adult and nowhere does it say you can't carry in plublic. I think someone else quoted another law requiring notes from mommy and daddy for the under 18 crowd? Like I said earlier, it's best to read the law.

    Fred
    Last edited by azcdlfred; 08-27-2011 at 07:12 PM.

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    Quote Originally Posted by azcdlfred View Post
    Your sources are incorrect. Don't believe what you are told (even here!) without an Arizona statute or case law to back it up. Arizona statutes and case law should be your only sources.

    ARS 13-3102 are the statutes dealing with "weapons misconduct."

    ARS 13-3102.A.2 says that under 21 "concealed" carry (ONLY) is against the law.

    ARS 13-3102.B.3 defines methods of carry that don't violate ARS 13-3102.A.2.

    Paraphrasing the law - If you are under 21 you may not carry "concealed" and may only carry using the methods in ARS 13-3102.B.3 which means "open carry" if you are wearing a "weapon."

    Nowhere in ARS 13-3102 does it say you need to have a note from an adult and nowhere does it say you can't carry in plublic. I think someone else quoted another law requiring notes from mommy and daddy for the under 18 crowd? Like I said earlier, it's best to read the law.

    Fred
    Thanks for the feedback, and my friend appreciates it as well. What I was concerned about was FEDERAL law, not state law. But the Federal statutes I found said that handguns cannot be transferred or owned by anyone under 18. Nothing was said about possession and could be interpreted to include carry depending on who you talk to -- like what I was told for over 18 and under 21. So by the legal convention that nothing specified as illegal is therefore legal and the statutes referenced, I can reasonable conclude that in Arizona someone between 18 and 21 can carry a handgun -- just not concealed.

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    Regular Member Sonora Rebel's Avatar
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    Quote Originally Posted by acmariner99 View Post
    I have seen repeatedly that someone over 18 and under 21 can carry a handgun openly in Arizona. I was told yesterday that someone in that age bracket cannot have a handgun in their POSSESSION without written authorization from someone over 21 (particularly a parent), let alone carry it in public. This does not apply to me directly, but rather a friend of mine who wants to be able to carry. The federal statutes only say that a dealer cannot sell a handgun to someone under 21 (that I can see anyway). I have seen a lot of stories and examples from individuals here carrying below 21 years old, but I got told from a retired LEO and gun shop owner that someone under 21 cannot have a handgun .. period unless they are under direct supervision of someone who is over 21 and in a place where they could be allowed to have it -- like a range. Could you clarify this for me and provide statutes (federal and state) and/or court cases which back up your statements. Thanks.
    Under 18 needs direct supervision with a handgun. 18-21 OC only. 21-up... Concealed or open... no permit within' the state. You're looking for a law that tells you what you 'can do'. Laws don't do that. Cops really don't know 'the law'... for the most part. There's a few on here that do tho. (AZKOPPER for one) Quit bein' such a doubting Thomas with all these 'court cases 'n 'link' crap. You sound like an Easterner.


    OK... Fred gave ya the ARS stuff. Don't concern yourself with what the Feds do... nobody cares.
    Last edited by Sonora Rebel; 08-29-2011 at 12:58 PM.

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    Thank you for the compliment, Sonora!! I try my best.

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    Regular Member acmariner99's Avatar
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    Quote Originally Posted by Sonora Rebel View Post
    Under 18 needs direct supervision with a handgun. 18-21 OC only. 21-up... Concealed or open... no permit within' the state. You're looking for a law that tells you what you 'can do'. Laws don't do that. Cops really don't know 'the law'... for the most part. There's a few on here that do tho. (AZKOPPER for one) Quit bein' such a doubting Thomas with all these 'court cases 'n 'link' crap. You sound like an Easterner.


    OK... Fred gave ya the ARS stuff. Don't concern yourself with what the Feds do... nobody cares.
    Excuse me, but I am covering my own @$$ and making sure that the information I am being given is proper and accurate. I have been given contradictory information - so I need legal precedent and law NOT anyone's opinion in particular to tell me that my friend can carry. And I do concern myself with what the Feds do -- wouldn't you care about Sec 926A if you were travelling through a restrictive Eastern state? If the Feds say that someone under 21 cannot own a handgun, then I really wouldn't care what the states say. BUT, from what I have read it only says that a firearm cannot be transferred to anyone UNDER 18. And FYI, I have never lived east of the Mississippi and I am NOT from Kali either.

  25. #25
    Regular Member March Hare's Avatar
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    Quote Originally Posted by acmariner99 View Post
    Excuse me, but I am covering my own @$$ and making sure that the information I am being given is proper and accurate. I have been given contradictory information - so I need legal precedent and law NOT anyone's opinion in particular to tell me that my friend can carry. And I do concern myself with what the Feds do -- wouldn't you care about Sec 926A if you were travelling through a restrictive Eastern state? If the Feds say that someone under 21 cannot own a handgun, then I really wouldn't care what the states say. BUT, from what I have read it only says that a firearm cannot be transferred to anyone UNDER 18. And FYI, I have never lived east of the Mississippi and I am NOT from Kali either.
    I'm not sure how the feds got dragged into what's legal in the State of Arizona, but there isn't an AZ statute that prohibits the open carry of firearms by people 18 years and older.

    The contradictory information you have received, were the laws referenced Federal or State?
    If State, what was their citation for the denial of open carry by persons under the age of 21 but over 18?
    I would be interested in seeing that.

    I can't speak to the enforcement of Federal statutes in Arizona, perhaps someone here can. I haven't heard of anyone being arrested for one, such as the GFSZ.

    As for needing legal precedent, the ARS for concealed carry and weapons misconduct have been posted here, they are not opinion, they are law.
    The ARS doesn't deny open carry to persons over the age of 18, if that was the case, it would be in the section that references Weapons Misconduct.

    Weapons misconduct: http://www.azleg.gov/ars/13/03102.htm
    Minors: http://www.azleg.gov/ars/13/03111.htm

    INAL - YMMV

    -MH
    Last edited by March Hare; 09-06-2011 at 03:29 PM. Reason: Clarification and citations. Laws, not opinions.
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