imported post
protector84 wrote:
Requiring firearms to be holstered or cased is a common misconception about Arizona law. I'm guessing it results from poor reading skills by not reading carefully enough or reading too quickly. In the "misconduct involving weapons" section of Arizona law, you will find no mention of the term "open carry." The first two sections (I believe it is A1 and A2 but I've quoted it so many times I'm tired of repeatedly looking it up for those who don't want to read) refers to concealed carry. A1 refers to concealed carry on one's person "without a permit" and A2 refers to concealed carry in a vehicle "without a permit." The only mention of a permit you will find anywhere in the Weapons and Explosives section has to do with concealed carry.
Futher down in the section on "misconduct involving weapons" are references to A1 and A2. One of those references is that A1 doesn't apply to a weapon that is carried in a case, scabbard, belt holster, etc. where the holster or other carrying device is "wholly or partially visible." This is still talking about concealed carry. That is because a weapon that is in a holster or carrying case will naturally be somewhat concealed (i.e. part of the gun is hidden in the holster). It protects people from being busted with concealed carry when they are open carrying because some holsters will conceal most of a firearm yet as long as the holster is plainly visible to a casual observer, this statute protects the carrier from a concealed carry violation. Nothing here states that weapons are required to be carried in any type of a case, holster, etc. There is a section about brandishing which generally defines it as displaying a weapon in a reckless, dangerous, or threatening manner. Therefore, it may not be wise to carry a handgun in your hand or a rifle or shotgun in your hands while walking down the street. However, you still will not find anything in A.R.S. requiring such weapons to be slung or cased and no mention of open carry since again A1 and A2 are strictly referring to concealed carry without a permit violations, NOT open carry. People who own tons of guns may not have slings or cases for all of them and may just carry them out to their cars when going on a hunting trip and may simply carry them in their hands to the hunting grounds. Show me a law where this is illegal because it isn't.
Similar myths refer to stating that the gun must be visible on so many sides, that there must be so many actions required to make the gun "ready," etc. You just won't find that in the law. Besides, people with a CCW can pretty much carry any way they want because again A1 and A2 and the subsections referencing them that are consistently misinterpreted refer to concealed carry without a permit. Enough said. I'm really getting tired of repeating myself here for people who can't read a simple set of laws carefully and connect the dots.
If you've read the statute you understand there is an exception for carrying your gun to a shooting exhibition, hunting, or shooting ranges.
It's not legalese, it's quite understandable. The misconduct involving weapons statute is pretty clear.
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
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; or
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person.
C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or
2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or
3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or
4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
D. Subsection A, paragraphs 1 and 2 of this section shall not apply to:
1. A member of a sheriff's volunteer posse or reserve organization who has received and passed firearms training that is approved by the Arizona peace officer standards and training board and who is authorized by the sheriff to carry a concealed weapon pursuant to section 11-441.
2. A person who has honorably served as a law enforcement officer in the United States for at least ten consecutive years and who possesses a photographic identification or a letter from a law enforcement agency that states the person has served for at least ten consecutive years as a law enforcement officer in the United States. On request, the law enforcement agency that most recently employed the person or, if the person was employed outside of this state, the sheriff of the county in which the person resides shall issue a photographic identification or a letter that verifies the person meets the requirement of this paragraph.
E. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:
(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and
(b) Reasonable precautions are taken with respect to theft or misuse of such material.
2. The regular and lawful transporting as merchandise; or
3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
F. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
G. Subsection A, paragraph 1 of this section 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. 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.
H. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
I. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (v), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
J. Subsection A, paragraph 12 of this section shall not apply to the possession of a:
1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.
2. Firearm for use on the school grounds in a program approved by a school.
K. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.
L. Misconduct involving weapons under subsection A, paragraph 15 of this section is a class 2 felony. Misconduct involving weapons under subsection A, paragraph 9 or 14 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, 2, 10 or 11 of this section is a class 1 misdemeanor.
M. For the purposes of this section:
1. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
2. "Public event" means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.
3. "School" means a public or nonpublic kindergarten program, common school or high school.
4. "School grounds" means in, or on the grounds of, a school.