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Thread: emancipated 17 year old open carry?

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    emancipated 17 year old open carry?

    i am 17 emancipated through mariage, i am trying to find out if i can open carry some cops have said i can and some have said i cannot. if the state will let me be married i would hope they would let me protect my wife. the only relating law i could find is ars 13-3111 as far as i understand it specifys that unemancipated youth cannot open carry, does that mean an emancipated youth can? ever since my mom got shot ive been very big on self defense and now more so that i have a wife to protect, i look older and if its legal i was thinking on carrying a key chain mini revolver so it does not look so threatening, thankyou for any info.

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    Regular Member sultan62's Avatar
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    Coming from a North Carolina perspective, you would be legal, since you could legally own a handgun and possess it, and there are no further laws/regulations attached to OC. In AZ, you would need to know if you could legally possess it, and if there are any statutes relating to carry and/or open carry that may prohibit you from carrying. You also need to make sure you know your rights, and hopefully someone with significant knowledge of AZ laws can help you.

    You should probably be prepared to do most of the legal research on your own. That's the best way to gain knowledge anyway.
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    yea i know i cant buy from a licenced dealer, but im hoping i can privatley buy, own, carry either now as an emancipated 17 year old or in two months as an 18 year old. i just dont want to do either untill i can explain my reasoning to a cop if i have to. here is the only article i believe there is on owning or carrying regarding to ages.

    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.

    C. If the minor is not exempt under subsection B and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.

    D. In addition to any other penalty provided by law, a person who violates subsection A shall be subject to the following penalties:

    1. If adjudicated a delinquent juvenile for an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

    2. If adjudicated a delinquent juvenile for an offense involving a loaded firearm, a fine of not more than five hundred dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

    3. If adjudicated a delinquent juvenile for an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars and the court shall order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of adjudication, the court shall direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age. If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.

    E. Firearms seized pursuant to subsection C shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise or the person is convicted. Upon adjudication or conviction of a person for a violation of this section, the court shall order the firearm forfeited. However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.

    F. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.

    G. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and adjudicated delinquent for any other criminal conduct involving the use or exhibition of the deadly weapon.

    H. A person who violates subsection A is guilty of a class 6 felony.

  4. #4
    Regular Member Kingfish's Avatar
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    Welcome to OCDO and I commend you on your maturity in wanting to defend yourself and your family.

    You may want to think about putting a little more attention into spelling, capitalization and to a lesser extent grammar. You will be taken far more seriously if you do.

    Quote Originally Posted by art.sm1234 View Post
    and if its legal i was thinking on carrying a key chain mini revolver so it does not look so threatening,
    Please don't. If you going to carry, then carry something that will reliably neutralize a threat.

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    Regular Member sultan62's Avatar
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    I agree with everything Kingfish said, and want to add a couple of things:

    You mention explaining your reasoning to a cop: Don't. This is where court, and a lawyer, come into play. Reasoning with a cop without any legal advice specific to your situation may land you in jail by your own words.

    You need to become more knowledgeable about the law and carry in general before you start carrying IMO. You say you'll be turning 18 in a couple of months, and I doubt you'll gain that knowledge base before then, so this will likely be a moot point.

    Perhaps, for now, you should keep a shotgun at home for self defense, for which you need less preparation and knowledge, though still a fair amount. When you become more knowledgeable, then consider carrying?
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    I will try to use better spelling and grammar from now on, im in college english and i still cant write for my life lol.

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    Could studying a open carry legal book, suffice?
    Last edited by art.sm1234; 03-11-2011 at 03:05 PM.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by art.sm1234 View Post
    could studying a open carry legal book, sufice?
    It really sounds like you need a mentor. Someone that can show you where to find the laws, provide practical advise, help you learn safety and handling skills, etc. I am sure there are lots of experienced carriers who would take a willing to learn pup under their wing.

    Edited to add:
    Just exactly like this...
    http://forum.opencarry.org/forums/sh...=1#post1482468
    Last edited by Kingfish; 03-11-2011 at 03:14 PM.

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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by art.sm1234 View Post
    I will try to use better spelling and grammar from now on, im in college english and i still cant write for my life lol.

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    Quote Originally Posted by art.sm1234 View Post
    i understand it specifys that unemancipated youth cannot open carry, does that mean an emancipated youth can?
    Yes, but with one major caveat: the preemption law states that political subdivisions have the right to prohibit minors from carrying guns and makes no exception for emancipation. Read it here:

    http://www.azleg.state.az.us/FormatD...13&DocType=ARS

    I'm not sure which cities or counties prohibit emancipated minors from carrying guns, or if there even are any.

    Research your local laws and proceed with caution. Also, make sure that you're really emancipated. I'm not sure if merely being married automatically emancipates you, at least for the purposes of 13-3111.

    Could studying a open carry legal book, suffice?
    If you're going to carry a gun, the best advice I can give you id to get a copy of the Arizona Gun Owner's Guide and make sure it's the latest edition. That's the best book on Arizona gun laws that there is.
    Last edited by me812; 03-11-2011 at 03:18 PM.

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    Regular Member me812's Avatar
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    Quote Originally Posted by NavyLT View Post
    Sorry, violation of Federal Law.

    18 USC 922 (x):

    http://www.law.cornell.edu/uscode/ht...2----000-.html
    This is true, but no police department in Arizona gives a damn about the Federal Youth Handgun Safety Act. It may as well not even exist here.

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    Quote Originally Posted by me812 View Post
    This is true, but no police department in Arizona gives a damn about the Federal Youth Handgun Safety Act. It may as well not even exist here.
    All it takes is one cop. Just one.

    I'm thinking our new friend needs a lawyer to be really safe. It would be shame for him to make a mistake of law, or miss something buried somewhere. His wife becomes essentially husbandless while he's jailed.

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    Quote Originally Posted by NavyLT View Post
    And that makes it less illegal?
    Lets just call it state nullification of federal over-reach.

    (But, yes, you are right. It does not make it less illegal.)

  14. #14
    Regular Member sharkey's Avatar
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    I can't find anything in the statutes about marriage emancipating you. A.R.S. 12-2451 through 12-2456. The good new is there is case law. (which I didn't bother reading)

    Crook Vs. Crook, 80 Ariz 275, 296 P.2d 951 (1956)

    Also listed here: http://www.clerkofcourt.maricopa.gov/questions.asp

    Between what was mentioned on Federal Law and State preemption not covering minors you're better off waiting two months. Until then carry a rifle, not that I would support long gun open carry on this forum.

    I was going to try to justify that 13-3108 didn't apply since minor wasn't even defined under 13-3101 but you are still a minor, you just have a qualifier before the word minor.
    Last edited by sharkey; 03-12-2011 at 02:22 AM.

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    when I was 17 I had a machine gun. ... well in boot camp they let me shoot it and I almost lost it because I was tired.

    They let you join the Army & possibly kill ppl at 17 but you cant drink/own/carry ... its dumb.

    Anyway young man, carry pepper spray until you're old enough to legally carry a gun.

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    Quote Originally Posted by art.sm1234 View Post
    I will try to use better spelling and grammar from now on, im in college english and i still cant write for my life lol.
    Don't take it too personally, you're not the only one, or even the worst, by far.

  17. #17
    State Researcher lockman's Avatar
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    Under the fed statute they use the term "juvenile", is an emancipated minor considered a juvenile? I thought the whole idea of emancipation was to grant privilege of adulthood for the purpose of interacting with society as an adult. If you are still considered a juvenile that could hinder interactions, including entering into contracts.

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