Firearm laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state of Arizona in the United States.
Firearm laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state of Arizona in the United States.
| Subject / law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State permit required to purchase? | No | No | ||
| Firearm registration? | No | No | A.R.S. § 13-3108 | |
| Assault weapon law? | No | No | ||
| Magazine capacity restriction? | No | No | ||
| Owner license required? | No | No | ||
| Permit required for concealed carry? | N/A | No | A.R.S. § 13-3102 A.R.S. § 13-3112 | Arizona is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on July 29, 2010. |
| Permit required for open carry? | No | No | May carry openly without permit. | |
| Castle Doctrine/Stand Your Ground law? | Yes | Yes | A.R.S. §§ 13-401 to 13-421 | |
| State preemption of local restrictions? | Yes | Yes | A.R.S. § 13-3108 | |
| NFA weapons restricted? | No | No | ||
| Shall certify? | Yes | Yes | A.R.S. § 13-3121 | Shall certify within 60 days. |
| Peaceable Journey laws? | No | No | ||
| Background checks required for private sales? | No | No | A.R.S. § 44-1382 |
On foot, any adult person who is not a "prohibited possessor" [1] may openly carry a loaded firearm visible to others without a permit. Generally, a person must be at least 18 years of age to possess or openly carry a firearm. However, this does not apply to:
The law does not expressly require openly carried weapons to be in a holster, case or scabbard; however, the open carrying of weapons not in a holster, case or scabbard while on foot in a populated area could be construed as reckless display or, if others feel threatened by such, even assault with a deadly weapon.
In a vehicle, any adult person who is not a prohibited possessor may openly carry a loaded firearm in a vehicle whether in a holster, case, compartment, or in plain view. Persons under 21 may openly carry a loaded or unloaded firearm in a vehicle only if it is in plain view, i.e. discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.
In Arizona, anyone who is not prohibited from owning a firearm and is at least 21 years old can carry a concealed weapon without a permit as of July 29, 2010. [3] Arizona was the third state in modern U.S. history (after Vermont and Alaska, followed by Wyoming) to allow the carrying of concealed weapons without a permit, and it is the first state with a large urban population to do so. [4]
Arizona is classified as a "shall issue" state. Even though Arizona law allows concealed carry by adults without permit, concealed carry permits are still available and issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety for purposes of reciprocity with other states or for carrying firearms in certain regulated places. Requirements for issuance include taking a training class (provided by a licensed third party) or hunter education class, submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. [5] Renewing a permit requires an application and criminal background check. [6] Arizona recognizes all valid out-of-state carry permits. [7]
The Arizona legislature has largely preempted political subdivisions (counties, cities) prohibiting them from making what laws that they want. Political subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when such employees or contractors are acting within the course and scope of their employment or contract. They may also bar the carrying of weapons at public establishments and events by those who do not have concealed carry permits. Public establishments and events where carry by non-permit holders is prohibited must provide secure storage for weapons on-site, which must be readily accessible upon entry and allow for immediate retrieval upon exit. [8]
Native American reservations, which comprise over a quarter of the land area of the state, [9] may have gun laws identical to or more restrictive than state law. [10] [11] Some tribal governments in Arizona may not recognize Arizona law on the concealed carrying of firearms without a permit while on tribal land. [11]
All Arizona tribes recognize federal law, including the "safe passage" provision of the federal Firearm Owners Protection Act Act (FOPA). FOPA provides that, notwithstanding any state, tribal, or local law, and while making a continuous journey, a person who is not a prohibited possessor is entitled to transport a firearm or ammunition for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm or ammunition if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle. [12] In vehicles without a trunk, the unloaded firearm or ammunition must be in a locked container other than the glove compartment or console. [12] Recent U.S. Court of Appellate rulings have confirmed that FOPA`s protections only apply to unloaded firearms not readily accessible to the traveler, and many tribal governments have strict laws with respect to firearms being carried or transported on tribal lands. [12] [13] [14] For example, in the event of a vehicle stop, Navajo Nation police will seize any loaded firearm found to be accessible to the driver or passenger. [13] [14] [15] and confiscated firearms are not returnable unless the owner can establish proof of ownership of the firearm and ammunition by presenting a bill of sale or other evidence at the police station at a later date. [15]
It is generally illegal to discharge a firearm within or into the limits of any municipality. However, this prohibition does not apply to persons discharging firearms in the following circumstances:
Under Shannon's Law, unlawful discharge of a firearm within a municipality is a class 6 felony, [17] with a presumptive 1 year imprisonment. [18]
According to the Arizona Gun Owners Guide by Alan Korwin, while discharging a firearm using blanks within the limits of a municipality is not expressly prohibited by law, disturbing the peace (ARS 13-2904) or other charges could still apply. [19]
State law prohibits the carrying of firearms in certain areas. These prohibited areas include:
In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a firearm at a jail, correctional facility, juvenile secure care facility, or in a hydroelectric or nuclear power generating station is a felony. Carrying a firearm in any other prohibited area, absent any other concomitant criminal conduct, is a misdemeanor. Carrying a firearm on private property or in a private establishment where it has been forbidden by the owner or another person having lawful control over the property is not expressly prohibited by law, but is held to constitute misdemeanor trespass. [20] Carrying a firearm at a public college or university where it has been prohibited by the governing board is not expressly prohibited by law, but is held to violate provisions of ARS 13-2911, which prohibits "interference with or disruption of an educational institution". The restrictions pertaining to licensed liquor establishments do not apply to liquor stores or other stores that sell only closed containers of alcohol for consumption off the premises. [21] [22] [23] [24] [25] [26] [27]
State law prohibits the possession of firearms and other deadly weapons by certain categories of "prohibited possessors". According to current statute, these categories are defined as follows:
Notably, the prohibition against owning a firearm by a person found to be a danger to himself or others or persistently or acutely disabled or gravely disabled continues in effect even after the expiration of the mental health court order itself (365 days). Instead, a person whose right to possess a firearm was forfeited as part of a mental health order must have that right judicially restored by filing a petition with the court requesting a hearing and a court order restoring the right to possess a firearm. [29]
Arizona appellate courts have ruled that ARS 1-244 bars the retroactive application of changes to the prohibited possessor statute unless there is an express legislative declaration of retroactive intent. [30] Although the statute has been amended numerous times during its history, no such retroactive declarations have ever been passed into law. Thus, the possession of deadly weapons by some individuals may be governed by older versions of the statute which are either more or less restrictive than the one currently in force. For example, persons found to constitute a danger to self or others or to be persistently or acutely disabled or gravely disabled prior to September 30, 2009 do not need to petition the courts for a restoration of rights, as statutes in effect prior to that date either did not prohibit their possession of deadly weapons or prohibited such possession only temporarily, during their term of court-ordered treatment.
State law prohibits the possession of certain types of firearms and other deadly weapons by any citizen. These weapons are defined as follows:
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Following the Supreme Court's NYSRPA v. Bruen (2022) decision, all states in the United States were required to allow for concealed carry of a handgun either permitlessly or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from surrounding observers. In the United States, the opposite of concealed carry is called open carry.
The Uniform Firearms Act (UFA) is a set of statutes in the Commonwealth of Pennsylvania that defines the limits of Section 21 of the Pennsylvania Constitution, the right to bear arms, which predates the United States Constitution and reads: "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." The laws range in scope from use of force in self-defense situations, to specific categories citizens that are ineligible to purchase or possess firearms.
Criminal possession of a weapon is the unlawful possession of a weapon by an individual. It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm.
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