Arizona

On April 16, 2010, Governor Jan Brewer signed Senate Bill 1108 into law. It took effect on July 29, 2010.

What it Does: As of 07/29/2010 anyone who can legally own and purchase a firearm may carry it, concealed or openly, in Arizona without the necessity of a permit. (§13-3102).

Who Can Carry Under Arizona Constitutional Carry?

• Must be 21 years of age or older;
• Must not be prohibited from possessing a firearm in a public place under state or federal law

What the law doesn’t do: It does NOT eliminate concealed weapons permits. They will still be issued.

1. It does not apply to anyone under the age of 21.
2. It does not allow someone to carry outside of the state of Arizona without a permit
3. It does not allow someone to carry to a K-12 school.
4. It does not exempt you from the background check when purchasing a firearm

Senate Bill 1108

A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.

B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories.

C. A political subdivision of this state shall not require or maintain a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:

1. Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon. The operator or sponsor shall store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor shall not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved.
2. Except in the course of a law enforcement investigation, any identifying information of a person who owns, possesses, purchases, sells or transfers a firearm.
3. The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.

D. A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void.

Ariz. Rev. Stat. § 13-3108

Preemption Exceptions

This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law or relating to any of the following:

1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or any firearm or ammunition components at a rate that applies generally to other items of tangible personal property.
2. Prohibiting a minor 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 minor's parent, grandparent or guardian from knowingly possessing or carrying on the minor's person, within the minor's 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 that is owned or leased by the minor or the minor's parent, grandparent or guardian.
3. The regulation of commercial land and structures, including a business relating to firearms or ammunition or their components or a commercial shooting range in the same manner as other commercial businesses.
4. Regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.
5. Limiting or prohibiting the discharge of firearms in parks and preserves.

Ariz. Rev. Stat. § 13-3108 (G)

In Arizona, a private party may sell/give a firearm to anyone except

1. Someone you know is under the age of 18
2. Someone you know is prohibited from owning a firearm under state/federal law, or is intoxicated or under the influence
3. Someone who resides in another state than Arizona.

Arizona has no laws restricting the ammunition capacity of magazines.

Firearms are prohibited in all of the following locations:

1. Any business that sells alcohol for consumption unless all 3 of the following are met: 1) You have a CCW permit and the gun is concealed, 2) You do not consume alcohol, 3) There is not a sign prohibiting firearms posted near the liquor license (see A.R.S. § 4-229 and § 4-244 and A.R.S. § 13-3102 for exceptions)
2. Polling places on the day of an election (see A.R.S. § 13-3102.A.11)
3. Public and private schools. (A.R.S. § 13-3102 see next slide for exceptions)
4. Nuclear or hydroelectric generating facilities A.R.S. § 13-3102.A.13 (see A.R.S. § 13-3102.C for exceptions)
5. Correctional facilities (see A.R.S. § 13-2505.A.1 and A.R.S. § 13-2514.A.1)
6. Tribal Lands (Check with the tribe for specific regulations)
7. Any public establishment or event 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. (Ariz. Rev. Stat. Ann. § 13-3102)
8. Any public college or university where the carrying of deadly weapons or firearms has been prohibited by the governing board
9. On the grounds of or in a secure care facility under the jurisdiction of the department of juvenile corrections
10. Any “posted” buildings. A building is posted if it is:
    1. Posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises.
    2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm.
    3. Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229".

The prohibition for firearms in school zones does not apply to any

• 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.

The right to bear arms in self-defense is not impaired by requiring individuals to carry weapons openly. Appellants are free to bear exposed weapons for their defense. Dano v. Collins, 802 P.2d 1021, 1022-23 (Ariz. App. 1st Div. 1990)

Defensive Display of a Firearm

The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.

This section does not apply to a person who:

Intentionally provokes another person to use or attempt to use unlawful physical force.

Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03.

This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.

For the purposes of this section, "defensive display of a firearm" includes:

Verbally informing another person that the person possesses or has available a firearm.

Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.

Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.

Ariz. Rev. Stat. § 13-421

A. A person commits criminal trespass in the third degree by:
Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C. Criminal trespass in the third degree is a class 3 misdemeanor.

Ariz. Rev. Stat. § 13-1502

It is unlawful
For any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor. This paragraph does not prohibit the consumption of small amounts of spirituous liquor by an undercover peace officer on assignment to investigate the licensed establishment.

Ariz. Rev. Stat. § 4-244 (31)

A property owner, tenant, public or private employer or business entity shall not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is both:

• In the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle.
• Not visible from the outside of the motor vehicle or motorcycle.

Ariz. Rev. Stat. § 12-781

Storage of Deadly Weapons

If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove the weapon, the operator or sponsor shall provide temporary and secure storage. The storage shall be readily accessible on entry into the establishment or event and allow for the immediate retrieval of the weapon on exit from the establishment or event.

This section does not apply to the licensed premises of any public establishment or public event with a license issued pursuant to title 4.

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 this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.

For the purposes of this section, "public establishment" and "public event" have the same meanings prescribed in section 13-3102.

Ariz. Rev. Stat. § 13-3102.01

Carrying a deadly weapon except a pocketknife concealed on his person or within his immediate control in or on a means of transportation:
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
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

Ariz. Rev. Stat. § 13-3102 (A)

Arizona does not have Emergency Risk Orders ("Red Flag Laws).

Arizona Use of Force
A person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

Ariz. Rev. Stat. § 13-404 (A)

Arizona Deadly Force
A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

Ariz. Rev. Stat. § 13-405 (A)

Use of Force in Crime Prevention

1. 1. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
   2. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.
   3. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
   4. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.

Ariz. Rev. Stat. § 13-411

Arizona Defense of Others

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

Ariz. Rev. Stat. § 13-406

A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.
In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

Ariz. Rev. Stat. § 13-407

A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.
For the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.
The presumptions in subsections A and B of this section do not apply if:
The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.
The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.
The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.
The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.

Ariz. Rev. Stat. § 13-419

Arizona Defense of Property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

Ariz. Rev. Stat. § 13-408

Self-Defense Immunity

No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.

Ariz. Rev. Stat. § 13-413

Arizona Duty to Retreat

A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.

Ariz. Rev. Stat. § 13-405 (B)

The threat or use of physical force against another is not justified

1. In response to verbal provocation alone; or
2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or
3. If the person provoked the other's use or attempted use of unlawful physical force, unless:
   1. The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and
   2. The other nevertheless continues or attempts to use unlawful physical force against the person.

Ariz. Rev. Stat. § 13-404 (B)