Answer:  This question allows us to explore some interesting issues relative to concealed carry and schools.  First, I need to help make sure that everyone understands that none of the advice I give is ‘legal advice’.  Since I am not an attorney, I can only give you my informed opinion.

The answer to your question “Can a school employee and or administrator carry a gun in a school vehicle?” depends on a variety of factors.

First, under the Arizona Revised Statutes 13-3102 (12.) you cannot possess a deadly weapon on school grounds.  The only exceptions to this are:

1.  If the firearm is not loaded and is carried within a means of transportation under the control of an adult and if the adult leaves the means of transportation, the firearm is not visible from outside the vehicle and the vehicle is locked.

2.  Firearms use on the school grounds in a program approved by the school.  Generally this means having ‘written permission’ from the primary administrator of the school in question.

3.  The person in possession of the firearm is a concealed weapons permit holder and is transiting school property to pick up or drop off a passenger.  The concealed weapons permit holder is not permitted to leave the vehicle in possession of the firearm on school property.  The gun must be unloaded and locked inside the vehicle if the permit holder leaves his or her vehicle.

Now, the question becomes, is the school vehicle on school property?  If the school vehicle is being driven somewhere beside school property, it is like any other vehicle and subject to normal laws.  In my view, the fact that it is a school vehicle and is being driven by a school employee is irrelevant from a firearms perspective.  Normal firearm laws apply would apply.  If you drive the school vehicle onto school property, then ARS 13-3102 (12) would apply.

The only other factor to consider would be any administrative rules that have been defined by the school district.  Like any other employer, a school district can implement reasonable policies and procedures to regulate the behavior of their employees.  I would suggest that prior to carrying a firearm in a school vehicle, any school employee or administrator should check to make sure there are no district policies that prohibit such activity.

Answer:  Your AZ CCW permit and Washington Driver License work just fine.  Arizona only requires that you be a legal US resident to receive a permit, assuming you meet all other qualifications.  We have lots of folks that are part-time residents or absentee owners of property in Arizona.  We even have a nickname for some of them…”Snow Birds”.

Seriously, since Arizona only requires that you be a legal resident of the US.  Any combination of government issued ID to establish identity and your Arizona CCW permit works fine.  A few states restrict their permit to residents only, but not Arizona.

Answer:  Yes, under the circumstances you describe, a passenger in your vehicle that has immediate and unrestricted access to a concealed firearm in the vehicle could be charged with possession of a concealed weapon.

My advice would be to have some way of securing the firearm if you need to leave the vehicle.  I have a locking box in my own vehicle for this purpose since I might leave my daughter in the car while I run into a store.  I also encouraged my wife to get her CCW to prevent situations exactly like this from happening.

In addition, as a CCW permit holder, it is your responsibility to insure that unauthorized persons do not have access to your firearm.  Should this person gain access to your firearm and use it to harm themselves or someone else, you could also leave yourself open to charges of criminal negligence or in the event someone is killed, you could even be charged with manslaughter.

My advice is that if you can’t take your firearm with you when you leave your vehicle, lock it up.  Better safe than sorry…

Answer:  Actually the Arizona CCW is not restricted to handguns only.  It deals with any deadly weapon that is not on the prohibited weapons list.  It covers handguns, rifles, shotguns and knives with a blade length of 4 inches or greater, just to name a few.  Most people don’t think of rifles and shotguns as ‘concealed weapons’ as they are generally difficult to conceal due to their size.  In a legal configuration, a long gun (either rifle or shotgun) must have a length overall of at least 26 inches.  This will certain limit the firearm’s concealability.

To answer the question directly, it is perfectly legal to conceal a loaded rifle in a backpack as long as the rifle meets the legal standards for length and the possessor of a firearm has an Arizona CCW permit.

Answer:  Unfortunately, despite your credentials, you cannot bypass the training requirement for an Arizona CCW permit.

In Arizona, the only provisions that allow for training exemptions for issuance of an Arizona CCW permit are covered by ARS 13-3112 (e)(2) which allows an exemption to the 8 hour course for the following: (1) a person who is an active duty Arizona peace officer standards and training (AZPOST) certified or federally credentialed peace officer; or who is honorably retired as a federal, state or local peace officer with a minimum of 10 years service; (2) a person who is an active duty county detention officer and who has been weapons certified by the officer’s employing agency; or (3) a person who is issued a Law Enforcement Officer’s Safety Act (LEOSA) Certificate of Firearms Proficiency pursuant to ARS 13-3112(x).

While a portion of the class would likely be a rehash of training you have already received as part of your Reserve Officer training, there are some other parts of the class that deal specifically with Arizona law that could potentially be helpful if you plan to carry a concealed firearm in Arizona.

By law, any Arizona CCW permit training must take place within Arizona.  Once you are actually issued a permit, there is no refresher training required and you can renew by mail, but you will need to take the class to get your initial permit.

APDI offers courses monthly in the Phoenix area.  You can find all the details at:  http://www.armedpersonaldefense.com

Answer:  Arizona automatically extends recognition to any valid CCW permit issued by any other state.  The thing I can’t determine from your question is whether you have a California CCW or if you just have your retired Law Enforcement ID Card.  If it is the latter, then you need to go through the LEOSA process and get the ID card that allows you to carry in all 50 states, including Arizona.

On August 12, 2005, Arizona HB 2450 took effect which allows the CWPU to issue a “Certificate of Firearms Proficiency” to qualified retired law enforcement officer applicants who are Arizona residents. Retired officers will need to qualify with the type of firearm they wish to carry and pass a judgmental shooting evaluation. Applicants must qualify through a AZPOST certified firearms instructor approved by the CWPU (there is no longer a requirement for the instructor to also be a CCW instructor). The instructor will provide the applicant with an application that must be filled out and submitted to the CWPU (along with other required documentation) and a money order/cashiers check/certified check for the applicable fee made payable to the Department of Public Safety. Upon receipt of all required documents, the CWPU will issue the certificate. Active duty peace officers do not need this certificate; they may carry using their law enforcement credentials.

Firearm qualification will consist of standard AZPOST requirements (50rd course, ranges of 25, 15, 7 and 3 yards, min passing score is 210). The TQ15, TQ 19 or TQ 21 targets may be used.

Judgmental shooting evaluations can be accomplished by a variety of approved means to include the use of FATS/Range2000 units, “friend or foe” targets, video scenarios, etc. This portion of the qualification must follow AZ
POST requirements.

Required application documents will include: a completed LEOSA application signed by the instructor, a photocopy of the applicant’s retired credentials, a letter from the agency the officer retired from and the appropriate fee. Fingerprint cards will not be submitted.

The agency letter must be on agency letterhead and include the applicants name, rank, employee or badge number, dates of employment, and retired status. The letter must also contain the name and telephone number of an individual within the agency who can verify the information provided. Use the CWPU LEOSA form letter as all others will be rejected unless arrangements have been made with the CWPU. If a certificate of firearms proficiency expires, the former certificate holder may obtain a new certificate only by complying with all of the requirements in Arizona Administrative Rule R13-9-402. (a link to the Arizona Administrative Rules can be found in Informational Links)

Certificates are valid for one year, beginning from the date the qualification was completed. Certificates are not CCW permits; they are simply documentation of training/qualification that must be carried along with the retired officer’s credentials when carrying a concealed firearm.

Nothing precludes individual law enforcement agencies from qualifying their own retirees and issuing their own credentials with the required information.

To Obtain a Certificate of Firearms Proficiency (Retired Law Enforcement Only):

1. Locate an Instructor who is  qualified to provide LEOSA qualification and establish a qualification date.  A list of these instructors is available on the DPS website.

2. Complete the AZPOST firearms qualification course with the type of firearm you will carry (semi-auto, revolver, or both).

3. Obtain the application from the instructor. Ensure they complete their portion and you fill out the rest.

4. Submit the completed application, letter from your agency, a photocopy of your retired credentials issued by your agency and a money order, cashiers check, or a certified check for the applicable fee (currently $20) made payable to the Department of Public Safety. For future submissions, you will NOT  need to submit the letter from your agency or the photocopy of your credentials UNLESS the LEOSA certificate is allowed to expire.

5. Submit the completed packet to the CWPU.

6. Normally, you will receive your certificate within a reasonable  period (one to two weeks).

7. The LEOSA certificate is good for one year. If the LEOSA certificate is allowed to expire you must successfully complete the qualification course, submit a copy of your agency letter and agency retired photo id, and applicable fee, to renew it. (Az Administrative Rule 13-9-404)

Answer:  All you will need is your renewal application and a certified check or money order for $43, payable to the Arizona Department of Public Safety.

If you have maintained your current address on file with the DPS, they will mail you a renewal package approximately 90 days prior to your permit expiration.

If you don’t get one in the mail, you can download it off the DPS website at:  http://www.azdps.gov/ccw

Answer:  The answer to the question above is  “it depends”.  To understand why, let’s take this situation a piece at a time.

Since you have a valid CCW and it is your vehicle, as long as your firearm stays under your exclusive control (probably by being on your person), neither you nor your co-worker should have any issues.  

He is not in possession of the firearm, which would be illegal for him and you are not allowing a ‘prohibited possessor’ access to a firearm which would be illegal for both of you.

But with a slight modification of the circumstances, things could change fairly dramatically.  For example, if you were to place your firearm in the glove box and your co-worker were sitting in the passenger seat, he would have immediate, unrestricted access to your firearm.  This would be illegal for him and could have several complications for you as well.  It would be even worse if you left him alone in the vehicle with your firearm.

The key element here is his ‘access’ to the firearm.  If he doesn’t have access, then it is not a problem.  If he does, then it is.  I’d suggest that you keep the firearm on your person, or if you can’t do that you need to lock your firearm inside a secure lockbox that is somehow attached to your vehicle or inside of your trunk where your co-worker has no access to it.

As an additional piece of information, if you co-workers conviction was for a non-violent felony offense, he should consider asking the court to restore his civil rights, including his right to own a firearm.  If this request is granted, it could help him out a great deal and could make this entire problem go away…

The short answer that you do not give up any of your legal rights by obtaining an Arizona CCW Permit.

Arizona is an ‘open carry’ state.  That means that an individual that is legally permitted to possess a firearm can carry that firearm openly anywhere it is legal to have a firearm.

Having an AZ CCW permit means that you can still carry your firearm anywhere it is legal for you to have a firearm, but it can now be concealed.

There are a few things that you should know however…

• You cannot carry a firearm anywhere that it is not legal to have a firearm, regardless of your permit status.
• You must surrender your firearm to a police officer during a traffic stop (with or without a CCW).  This is for their safety.  The firearm will be returned to you at the conclusion of the stop.
• You must voluntarily agree to a criminal background check, including fingerprinting, when applying for a CCW permit.

Other than that, there is nothing different, rights wise, regarding having a CCW or not.

You do need to remember that having a CCW permit is a privilege, not a right.  In that sense it is just like a driver’s license.  If you screw up and break the law, they can take it away from you.  But if you are a law abiding citizen and have not broken any laws, you don’t have anything to worry about.

First, I was asked if there was a provision in the Patriot Act that permits Active Duty military to carry concealed without having a CCW permit.  I’m sorry to say that there is no provision for this in the Patriot Act.

The USA Patriot Act was signed into law on October 26, 2001 and included a wide range of provisions designed to expand the authority of US law enforcement agencies, enabling them to be more effective in fighting terrorism both in the US and abroad.

The Patriot Act included provisions in the broad categories of surveillance procedures, anti-money-laundering provisions, border security, terrorism investigation, terrorism criminal law and provisions to make information sharing between law enforcement agencies easier.

It did not include any provisions regarding concealed carry by active duty military without a state issued concealed carry permit from their state of residence.

Second, I was asked a question about whether or not active duty military stationed in Arizona need to get an Arizona permit in order to carry concealed.

The short answer is yes.

In Arizona, active duty military personnel visiting  here that have a valid concealed carry permit from their state of residence are permitted to carry concealed as long as their non-resident permit is recognized by Arizona.  As of this writing, Arizona recognizes any valid permit issued by another state to a non-resident visitor in Arizona.

As soon as a person holding a non-resident permit from another state become a resident of Arizona, they are required to get an Arizona permit to carry a concealed weapon in Arizona.  In general, active duty military personnel stationed in Arizona pursuant to military orders are considered to be Arizona residents.

Third, I was asked what happens if an Arizona permit holder is on active duty overseas when their permit expires.  How do they renew their permit?

It is possible to renew an Arizona permit completely by mail by simply submitting a renewal application and a renewal fee of $43 to the Arizona Department of Public Safety CCW Permit Unit.  This is an option available to any person, including active duty military.

There is an additional provision that if a person is a member of the US Armed Forces, Arizona National Guard or a reserve member of any military establishment of the US and is on federal active duty and deployed overseas at the time their Arizona CCW permit expires, they are permitted to renew their permit using the standard renewal procedures within 90 days after the end of their overseas deployment.  Evidence of the dates of deployment must accompany the person’s renewal application.