• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

A question about conceal carry with a CCW permit.

rrjenn

Regular Member
Joined
Dec 13, 2010
Messages
10
Location
Mesa, AZ
A friend of mine has the CCW permit and carry's his gun in a fanny pack that he never wears on his person but just holds in his hand or over his shoulder. I know that in Texas a woman cannot carry in her purse and must carry on his or her body. I'm wondering if it is legal in Arizona to conceal carry in a bag other than on your person even with a CCW permit? He told me once he took it to a theater and left it on the seat after the show and raced back only to find it sitting there just as he left it. Seems dangerous to be able to do that legally, so I'm guessing you need to have the gun on your body, in your pocket, or otherwise where you wouldn't be apt to leave it laying around.
 

nonameisgood

Regular Member
Joined
Dec 4, 2008
Messages
1,008
Location
Big D
Women in Texas certainly can and do carry in a purse, and I know at least on state trooper who carries in a fanny pack that is never worn. As with anything else, you are responsible for keeping it under control.
 

azcdlfred

Regular Member
Joined
Dec 10, 2006
Messages
901
Location
Tucson, Arizona, USA
A friend of mine has the CCW permit and carry's his gun in a fanny pack that he never wears on his person but just holds in his hand or over his shoulder.
The law is ARS 13-3102 .

If you are over 21 in Arizona (residency NOT required), the method of carry is irrelevant, whether or not you have a CCW permit. Under the old law as interpreted by State v Moerman (a fanny pack case), fanny pack carry was not permitted. All that went away on July 26, 2010.

CAVEAT - Even though the underlying statute that the decision was based on went away this year, the fanny pack court case will probably be cited by some liberal activist judge, given the opportunity.

Fred
 
Last edited:

Sonora Rebel

Regular Member
Joined
Aug 6, 2008
Messages
3,956
Location
Gone
I have no idea why people put their guns in 'bags' not attached to them... but they do. Stuff like that is too easy to forget about and complacency kills. This is Arizona... not Texas or any other place. If you're going to carry a piece... then carry it in the tried and true traditional method... 'On you'! All this other stuff is a cultural hold-over from wherever else you may have come from.
 

mFonz77

Regular Member
Joined
Nov 7, 2009
Messages
265
Location
Sierra Vista, AZ
Far be it for me to criticize anyone's method of carry, however, personally, as I am still remotely slim, trim, and good-looking (and modest!) I would never carry in a fanny pack. They just look weird, regardless of how tactically sound they may or may not be. That said, if I see someone not over the age of 60 wearing a fanny pack, I try to catch their eye and give them a wide berth, as there's a good chance there's a gun in there.
 

rrjenn

Regular Member
Joined
Dec 13, 2010
Messages
10
Location
Mesa, AZ
Thanks for the information. The ambiguity of gun laws make carry either open or concealed a bit hazardous. Another question on concealed carry without a CCW permit I have is about concealed carry while driving a car. My brother says the instructor told him that if you carry concealed without a permit while driving a car you are in violation of the law. What the heck kind of law is that? I can walk around with a gun in my pocket legally, but if I get into my car with that same gun in my pocket, I'm in violation?
He said it has something to do with transporting guns and is illegal. Is that true?
 

Phoenix David

Regular Member
Joined
Sep 8, 2009
Messages
605
Location
Glendale, Arizona, USA
The Arizona law on concealed carry does not care if you are in your car or in a porta-potty. If he is quoting the instructor then the instructor is mistaken. You may carry concealed while you are operating your motor vehicle and you do not need a permit.

The only time you need a permit is to carry concealed (correct me if I am wrong Fred) is when you are in a place that serves alcohol and is not posted with a No Firearms notice and you are carrying concealed Open carry is not permited. . You are also not allowed to drink.
 

lykwidtepp

Regular Member
Joined
Oct 22, 2010
Messages
28
Location
Oro Valley, Arizona
Thanks for the information. The ambiguity of gun laws make carry either open or concealed a bit hazardous. Another question on concealed carry without a CCW permit I have is about concealed carry while driving a car. My brother says the instructor told him that if you carry concealed without a permit while driving a car you are in violation of the law. What the heck kind of law is that? I can walk around with a gun in my pocket legally, but if I get into my car with that same gun in my pocket, I'm in violation?
He said it has something to do with transporting guns and is illegal. Is that true?


Technically, doesn't that only apply to those 18-20? From what I understand if your in the ages of 18 to 20 and you open carry, once you enter your vehicle you then have to place your pistol in a holster, inside your glove compartment or scabbard. (13-3102 -B3) Ever since the new law that doesn't restrict those to conceal over 21.

I'd say it's still a good reason to have your CCW since you'll be able to skip NICS checks when purchasing a new firearm. So purchasing from gun dealers will go alot quicker.
 
Last edited:

rrjenn

Regular Member
Joined
Dec 13, 2010
Messages
10
Location
Mesa, AZ
Thanks for this info guys especially the statute number 13-3102. I looked it up and found what I was looking for.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS

13-3102. Misconduct involving weapons; defenses; classification; definitions

A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
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...

Makes no obvious sense to me why they restrict someone under 21, but being 58 says it doesn't apply to me anyway. :D
 

Armed4Life

Regular Member
Joined
Mar 6, 2007
Messages
164
Location
Pinal County, AZ, ,
13-3102 A.1.(b) written too broadly?

Thanks for this info guys especially the statute number 13-3102. I looked it up and found what I was looking for.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS

13-3102. Misconduct involving weapons; defenses; classification; definitions

A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
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...

Makes no obvious sense to me why they restrict someone under 21, but being 58 says it doesn't apply to me anyway. :D

It seems to me that (b) is currently written too broadly. The way I read it, an officer could approach anyone at random and force them to answer the question under threat of arrest. If you were to add the requirement of being "lawfully detained", then I think my objection would go away. Anyone agree?

A4L
 

azcdlfred

Regular Member
Joined
Dec 10, 2006
Messages
901
Location
Tucson, Arizona, USA
Makes no obvious sense to me why they restrict someone under 21
No logic was invovled, just politics.

Prior to Constitutional Carry, 18-21 year olds could not have permits. With Constitutional Carry, permits were no longer required. In order to get the bill through, Constitutional Carry was limited to adults.

We (AzCDL) intend on revisting the 18-21 restrictions in future sessions.

"Laws are like sausages. It's better not to see them being made" - Otto von Bismark.

Fred
 

azcdlfred

Regular Member
Joined
Dec 10, 2006
Messages
901
Location
Tucson, Arizona, USA
It seems to me that (b) is currently written too broadly. The way I read it, an officer could approach anyone at random and force them to answer the question under threat of arrest. If you were to add the requirement of being "lawfully detained", then I think my objection would go away. Anyone agree?A4L
Scroll down to ARS 13-3102.L.1 for the definition of "contact."

Fred
 

rrjenn

Regular Member
Joined
Dec 13, 2010
Messages
10
Location
Mesa, AZ
A3 baffled me till someone told me it refers to dry ice bullets that will dissipate leaving no proof what gun was used. Can't imagine a brain so devious as to come up with that. 007 James Bond maybe.

3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person
 

JesseL

Regular Member
Joined
May 22, 2006
Messages
207
Location
Prescott, Arizona, USA
A3 baffled me till someone told me it refers to dry ice bullets that will dissipate leaving no proof what gun was used. Can't imagine a brain so devious as to come up with that. 007 James Bond maybe.

3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person

Actually, it's nothing so exotic. It refers to dry ice bombs, made by putting dry ice into a sealed container so that it will explode when the pressure generated by the sublimating dry ice exceeds the strength of the container. It's one of the prohibited weapons defined in ARS 13-3101.

They were a popular form of summer entertainment when I was a teen.
 
Top