Gun Rights in Arizona: What You Need to Know
Arizona is known for having some of the most lenient gun laws in the United States, which makes it a popular state for gun enthusiasts. Understanding Arizona’s gun rights is crucial for anyone who owns or plans to purchase a firearm in the state. This blog covers the key aspects of gun laws in Arizona, including concealed carry, open carry, and restrictions on who can own firearms.
Open Carry in Arizona
Arizona is an open-carry state, which means individuals who legally own firearms can openly carry them in most public places without needing a permit. This is guaranteed under Arizona Revised Statutes A.R.S. § 13-3102, which allows any adult aged 18 and older to carry a firearm openly, as long as they are not prohibited by law from possessing one.
Key Points to Remember:
- You must be at least 18 years old to openly carry a firearm in Arizona.
- Some locations, such as schools, government buildings, and private businesses that post "no firearms" signs, may prohibit open carry.
Concealed Carry Without a Permit
Arizona allows for constitutional carry, meaning adults 21 and over can carry a concealed firearm without a permit. Under A.R.S. § 13-3112, individuals can conceal their weapon in public as long as they meet the legal requirements to possess a firearm. However, Arizona also offers a Concealed Carry Weapon (CCW) permit, which provides additional benefits, such as reciprocity with other states.
Why Get a CCW Permit?
- It allows you to carry in states with reciprocity agreements.
- It can make firearm purchases quicker by bypassing background checks.
- It provides access to certain restricted areas where firearms are typically prohibited.
- It makes a gun owner more educated on Arizona gun laws.
For more information on concealed carry permits, visit Arizona Department of Public Safety: Concealed Weapons Permits.
Who Can Legally Own a Firearm in Arizona?
Not everyone is eligible to own or possess a firearm in Arizona. Under federal and state law, certain individuals are prohibited from gun ownership. According to Arizona gun laws and the Gun Control Act of 1968, individuals prohibited from possessing a firearm include:
- Convicted felons, unless their rights have been restored.
- People under restraining orders related to intimate partner violence or threats.
- Individuals deemed mentally unfit by a court of law.
- Anyone convicted of a Domestic Violence offense.
If you fall into one of these categories, possessing a firearm can result in serious criminal charges.
Where Are Firearms Prohibited in Arizona?
Despite Arizona's permissive firearm laws, there are places where carrying a firearm is illegal:
- Schools, including K-12, colleges, and universities.
- Government buildings like courthouses and police stations.
- Private businesses that have posted signs prohibiting firearms.
- Bars and restaurants that serve alcohol, unless the individual carrying the firearm has a CCW permit and does not consume alcohol.
The full list of restricted areas can be found in A.R.S. § 13-3102.
Self-Defense and Arizona Gun Laws
Arizona has strong self-defense laws, including a version of the castle doctrine, which allows individuals to use deadly force in their home, workplace, or vehicle if they reasonably believe they are under imminent threat of death or serious bodily harm. This is outlined in A.R.S. § 13-405 and A.R.S. § 13-411, which cover justified use of force in self-defense situations.
However, Arizona does not have a formal law named "Stand Your Ground." Instead, the state follows statutes similar to "Stand Your Ground" principles, allowing individuals to defend themselves without the duty to retreat if they are lawfully present in a place where they have the right to be (A.R.S. § 13-405).
Restoring Gun Rights in Arizona
In some cases, individuals who have lost their gun rights due to a felony conviction may be able to have those rights restored. Arizona allows for the restoration of civil rights, including the right to own a firearm, after a certain period of time has passed and conditions are met. This is typically handled through the courts, and the specific process depends on the severity of the felony conviction, but never for a Domestic Violence conviction.
For more information on restoring gun rights, you can review the process at Maricopa County Superior Court, Application to Restore Rights and ARS 13-908: Restoration of civil rights; application; firearm rights; definition .
The Importance of Understanding Arizona’s Gun Laws
While Arizona offers broad gun rights, the laws can still be complex, and violations can result in serious legal consequences. Whether you're a gun owner or considering purchasing a firearm, it's essential to stay informed and ensure you comply with both state and federal laws. Working with a knowledgeable attorney can help you navigate these laws, especially if you're facing gun-related charges or seeking to restore your rights.
At Chuck Franklin Law, we have over 37 years of experience defending clients in Arizona. Contact us today for a consultation and let us help protect your rights.
Sources
- Arizona Department of Public Safety: Concealed Weapons Permits
- ATF; Bureau of Alcohol, Tobacco, Firearms and Explosives: Gun Control Act
- ARS 13-3102: Misconduct involving weapons; defenses; classification; definitions
- ARS 13-3112: Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability; annual report
- ARS 13-405: Justification; use of deadly physical force
- ARS 13-411: Justification; use of force in crime prevention; applicability
- ARS 13-908: Restoration of civil rights; application; firearm rights; definition
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