Question: Can you tell me the specific ARS law in which it tells you specifics about what ages at which you can buy a handgun or shotgun or any type of gun?  I have been googling binging yahooing and I can’t seem to find it.  I don’t want to be misinformed and would like to read the specific laws about it.  I found your page after hours of looking. Thank you for your help.

Answer: Part of the reason you were having trouble finding the information is because of the way the laws are written regarding age limits on firearms in Arizona.  While you might expect there to be an affirmative statement (you must be X age to buy a rifle, etc.), the law is written in such a way as to exclude people of certain ages from owning certain types of guns.  For example, under ARS 13-3111, the law state that except under certain conditions, that anyone under the age of 18 who is not accompanied by a parent, grandparent, legal guardian or firearms instructor acting with the consent of said parent, grandparent or legal guardian may not carry or possess a firearm.  By definition, that means that anyone who is over the age of 18 and not otherwise prohibited from owning or possessing a firearm may do so.

Federal law provides that in order to purchase a firearm from a federally licensed firearms dealer, a person must be at least 21 years of age and meet the federal and state legal requirements to own a firearm which include, not being a prohibited possessor under state or federal law, be a resident of the state where they are purchasing a firearm, provide proof of age and identity, submit to a criminal background check and meet any other requirements set for by the state for firearms purchases.

Under Arizona law, prohibited possessor are defined in ARS 13-3101 which states:

7. “Prohibited possessor” means any person:

(a) Who has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.

(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.

(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v) Persons who have received a waiver from the United States attorney general.

The definition of a prohibited possessor under Federal law is found in the Gun Control Act of 1968, and was later amended under what is generally referred to as the “Laudenberg Amendment”.

The Gun Control Act of 1968 is actually Chapter 44 of Title 18 of the US Code which defines a prohibited possessor as follows:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a non-immigrant visa
(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.

So the way that it works is that the laws defines who cannot be in possession of a firearm as opposed to saying who can.  The presumption is that if the prohibitions DON’T apply, a person can legally purchase or possess a firearm.

To explicitly answer the age question, here is the breakdown for Arizona:

Handgun – 18 years of age to possess or purchase via private party transaction, 21 years of age to purchase from a federally licensed firearms dealer.

Rifle or Shotgun – 18 years of age to possess or purchase via private party transaction, 21 years of age to purchase from a federally licensed firearms dealer.

Question: Can A non-concealed handgun be carried into a restaurant that serves alcohol and can that person consume alcohol?

Answer: No, you may not openly carry a firearm into any restaurant that serves alcohol and you definitely cannot consume alcohol while in possession of a firearm in a restaurant or bar that serves alcohol.  Both offenses are misdemeanors in Arizona and can result in your arrest and criminal prosecution.

Question:  Is it legal for my 20-year-old son who is married to have a shotgun in his apartment? I have his 16-gauge and double-barreled shotguns. He asked me to give him the 16-gauge for home protection (they live in Tucson, AZ). My husband wants to let him have it but I need answers to a few questions before I’ll give it to him. 1) Would it be legal for him to have it in his apartment? 2) Does he need a permit?  3) Does the weapon have to beregistered? 4) Is there an age restriction?

Thank you!

Answer: To answer your question directly, it is legal for your son to have a shotgun in his apartment.  He does not need a permit.  He is over the age restriction which is 18.  Arizona does not have any type of gun registration.  I would also tell him that my recommendation is that he use #8 birdshot in his shotgun if he intends to use it for personal defense and home protection while in his apartment.  The birdshot will create a fist sized hole in any person he would shoot at ranges of 20 feet or less.  It will also not penetrate multiple interior walls like buckshot or slugs would.  This will help him avoid any liability issues that might result from overpenetration of buckshot or slugs into other apartments that might be adjacent to his.

In the interest of supporting those restaurant owners that support Arizona Concealed Carry Permit holders, we will be publishing a list of CCW Friendly as well as a list of CCW Unfriendly restaurants.  Post your submission in the comments section and we’ll add them to the appropriate list after we verify all the information.  Be the eyes and ears for us and we’ll provide you with a great list of places to eat while carrying your firearm.

Question: I currently have a valid CCW permit as an Ohio resident.  We are considering a move to the Tuscon area.  Do I have to obtain an AZ CCW Permit and go through the Arizona training process all over again ?  Thanks

Answer:  Once you become an Arizona resident you’ll need to get an Arizona CCW permit.  Arizona allows non-residents to carry on an out of state permit, but as a resident you’ll need to get an AZ permit.  Overall it isn’t a bad idea since you’ll want to become familiar with Arizona CCW law, plus the process is not difficult.

Question:  Can I find out the status of my AZ CCW application online?

Answer:  Sorry, but DPS does not have that type of system implemented.  If it has been less than 60 days since you submitted your application, I would not even bother calling.  If it has been more than 60 days, you might give them a call just to see if they received it and have everything they need to process it.

Question:  I am a Texas resident, but working in Utah.  I purchased 2 firearms while in Utah.  I am going back to Texas, but have to drive through Arizona, and New Mexico.   What are the laws for those particular states regarding transporting firearms through them?

Answer:  Thanks for your question.  While I’m sure you have no intent to do this, if you drive home with those two firearms you bought, you are actually violating Federal law.

Federal law provides that a face to face transfer of a firearm can only occur between residents of the same state if such transactions are permitted by state law.  If you are not a resident of Utah, but in fact are a resident of Texas, you should not have been able to purchase firearms from a licensed dealer without them shipping those firearms to an FFL in Texas.  Assuming you bought them from a private party, again they can only be legally transferred through an FFL since you are not a Utah resident.

The deal here is that the Feds want any person buying a firearm in ‘interstate commerce’ to be legally allowed to own a firearm in their state of residence.  The only way they can do that is by transferring them through an FFL that is in the state of residence of the purchaser.

Because many are ignorant of the law, they find themselves in the same situation that you do now.  Will you get caught?  Most probably not as long as you are a law-abiding person and don’t do anything illegal or to draw attention to the fact that you have the guns, but it will make it more difficult to establish your legal ownership of the guns.  Any bill of sale that you might have received would be evidence of your violation of Federal law.

To answer your more specific question, you can legally transport your firearm in Arizona as long as it is plain sight in the vehicle in any condition you wish.  In New Mexico, you can carry your firearm in any condition either concealed or openly in your vehicle. My recommendation would probably be to keep them unloaded and cased in the trunk or storage compartment as this is universally permitted under Federal law.  The exception to this would be any firearm that you would wish to carry for personal defense.  That one I would probably keep handy.

Question: We are planning a trip to Monument Valley and the surrounding tribal lands.  What are the CCW and open carry rules in all these various areas?

Answer: Here is a link to list of Indian Nations in Arizona and whether they recognize the AZ CCW permit or not.  As far as open carry,  you would need to check the tribal website for information on whether they permit open carry or not.  Also bear in mind that under current Federal law, you cannot carry a firearm in ANY national park.  National forests are OK, but not a national park.

http://arizonaccwpermit.com/2008/12/17/which-arizona-indian-tribes-recognize-the-arizona-permit/

Question:  I plead guilty to disorderly conduct (domestic violence) in 2005 and was given 36 months unsupervised probation. One year after my probation ended I requested the judgment be dismissed and set-aside, which the court and Judge agreed and issued a dismissal.  Can I now legally own a weapon and apply for my CCW which was surrendered in 2005?

Answer: Unfortunately, the answer is “no”.  Here is the issue.  Under the Domestic Violence Gun Ban Act passed by Congress in 1996, a person that has been convicted of a domestic violence offense cannot legally possess a firearm or ammunition.  In order to restore a person’s right to own a firearm under this law, the state court must “set-aside” or “expunged” the conviction and explicitly restore the person’s right to own a firearm.

Unfortunately, while a process exists to do this for person’s convicted of a felony offense whose convictions have been “set aside” or “expunged”, a similar process does not exist for persons convicted of a misdemeanor crime in Arizona.  When the Arizona legislature wrote the law relating to setting aside misdemeanor convictions, the Domestic Violence Gun Ban Act did not exist.  The Arizona legislature did not anticipate the passage of a federal law that would narrowly define the process of setting aside misdemeanor convictions.  Since all other misdemeanors besides a domestic violence conviction do not result in the loss of gun ownership rights, there was no provision made in the law to restore the right to own a firearm when setting aside a misdemeanor conviction.

Therefore in Arizona and numerous other states, there is a “Catch 22″.  There is no mechanism to restore firearm rights when setting aside a misdemeanor conviction and the federal law in question requires that states explicitly restore the right to own a firearm when setting aside a misdemeanor conviction for domestic violence in order for the federal law not to apply.

To summarize, a convicted felon can have their case set-aside or expunged, have their right to own a firearm restore and then can buy a gun or get an Arizona CCW permit.  However, someone who has been convicted of a misdemeanor domestic violence offense has lost their right to own a firearm or get an AZ CCW permit forever, even if the charge has been set-aside or expunged.  Fair?  No, not at all.  But then laws are not always fair, are they?  The solution?  Contact your Arizona legislator and ask them to fix this law.

I’ve been asked this question by a number of students recently, so I thought I’d add a post.

In talking with AZ DPS, I was told that they keep the fingerprint cards for about one week after the Arizona CCW permit is sent out in case it is needed for some reason.  After a week, the cards are shredded.  They are NOT kept on file for any reason.