In this episode, Chuck explains the key fundamentals to Arizona’s gun laws to help keep you safe and informed.
Hi folks. I want to talk about Arizona’s basic gun laws. Super basic. Okay? You’ve got
to be eighteen or older to possess a firearm. And that means, you can’t have a felony
conviction at all in your life and you… unless your Rights were restored; or a Domestic
Violence conviction. That keeps you from being able to legally posses a gun.
You have to be over eighteen to buy a gun from a private individual. You have to be over twenty-
one to buy one from a licensed firearms dealer. And if you want to carry one in the
open, you’ve got to be eighteen or older. That means you can carry it on your hip, in
the open so everybody sees it. If you want to carry it concealed… now remember
Arizona allows anyone to carry a concealed weapon over the age of twenty-one. There
are some exceptions to that.
I would recommend always getting a CCW; and the reason being is… and there’s some conflict in the law here. But you can have a concealed weapon on you, if you have a CCW (Carry Concealed Weapon) license issued through DPS and you can carry one in an establishment that sells liquor, either retail or let’s say a bar, as long as you’re not drinking. So… But the statute is conflicting. And there are some schools of thought on that because you’re not supposed to have a gun in a bar period, let alone concealed period. That’s another issue.
And also, you can carry a gun almost anywhere except a government
building or let’s say a merchant that says no firearms allowed. And if he comes up to
you and says hey, I’d appreciate it if you would go put your gun in your car or something
and you don’t do that, then you’re going to end up with either potentially a criminal
trespass or a misconduct involving a weapon, both misdemeanors.
Let’s talk about Arizona’s castle doctrine. Stand your ground. In other words, you don’t
have to retreat. Now you can meet deadly force with deadly force, a lethal weapon. And
the definition of a lethal weapon is obviously a firearm, a gun, a knife, or anything that
could be used as a lethal weapon. Like a brick, a baseball bat, or even a car. In the
context of a car, you’re driving drunk. You hurt somebody or you kill somebody in an
accident, and believe it or not, it could be aggravated assault or manslaughter. I
supposed possibly second-degree murder. But that’s because that vehicle was
converted into a deadly weapon in the manner in which it was used, which was reckless
when you had the accident that caused either a serious physical injury or the death.
So, just about anything can be converted to a deadly weapon depending on how it is used.
So, keep that in mind. Don’t get behind the wheel after drinking period. Especially with
all the things going on right now because you don’t want to end up in jail. With the
spread of Covid or the potential of bringing it home, even if you’re there a half an hour
or whatever, it’s a… just don’t do anything dumb.
Going back to what I was talking about before the stand your ground. You meet deadly
force with deadly force or if a reasonable person in your shoes would believe that
reasonable… excuse me, the deadly force was reasonable in response to… and I’ll give
you a hypothetical. Three hundred-pound power-lifter coming at you all the time, saying
I’m going to kill you. I’m going to pull your arms off your body. Can you pull out a gun and threaten to use it and possibly even use it?
You know, I don’t recommend anybody ever picking up a gun when they’re angry first of all. And second of all, you’d better articulate how afraid you are of that person doing something to you because of his size. The police are going to show up at some point and you need to articulate to them that you were in fear of imminent bodily injury or death. If you don’t say that… if you say, something like hey, the guy pissed me off; and then he came at me… wrong answer.
Wrong answer. It’s best to keep quiet and the first thing out of your mouth, should be I
need to talk to an Attorney; but if you end up saying hey, I was so scared I pulled out my
firearm and I showed it to him. And I said, you know, hey, I going to shoot you. At least
the case is triable.
Again, I’m not recommending that. I mean you need to be within
seconds of getting your ass kicked or dying if you’re going to use a gun on… in a
situation like that. I’ve already gone over the issues of what a deadly weapon is. Regardless, some tips… don’t drink and pick up a gun. And also, if you are angry like I just referred to, you don’t
touch your weapon. You touch your weapon when you’re afraid. That’s it! That’s the
Again, going back to articulating to a Police Officer why you pulled your gun
or why you shot at somebody or shot them or killed them, whatever, you need to
articulate to them very clearly how afraid you were. And something that a reasonable
person would agree with, if they were in your shoes.
You know I don’t ever want to live with having to pull a weapon on someone and
possibly using it. And that’s why I… you have think fast. And that’s why Police Officers
have split second decisions that they have to make in many given circumstances. Oh,
and by the way… you cannot use a weapon to prevent a theft or vandalism in Arizona.
Understand that? Like when we had the crazy riots or whatever, the looting in
Scottsdale, a lot of you wondered why the police weren’t there. And it’s because you
can’t fire a gun or use a weapon at someone in the commission of a theft or when they
are vandalizing property. I know everybody has a different thought on that but in any
event, those are basic tips.
Next time around I’ll go further into to some of your
defenses and things like that.