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

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.

If you were arrested for felony charges, but those charges were dropped and you were never convicted of a felony, then you can get a CCW permit in Arizona.

As a result of recent changes to Arizona law, if you were arrested, charged and convicted but the conviction was expunged after completion of your sentence and term of probation or if the conviction was overturned, or if after completing your sentence and term of probation your civil rights, including your right to own a firearm was restored, you can also be issued a concealed weapons permit.

If you were convicted of a felony crime of violence that is considered to be a ‘serious offense’ under ARS 13-604, you cannot be issued an Arizona CCW permit under any circumstances. ARS 13-604 deals with serious crimes, crimes involving violence and repeat offenders.

Absolutely! In Arizona, non-residents meeting all the requirement for an Arizona CCW Permit will be issued one.

Any applicant for an AZ CCW Permit must meet the following requirements:

1. Must be a United States citizen or permanent resident alien.
2. Must be lawfully present in the United States.
3. Must be at least 21 years of age.
4. Not under indictment or have not been convicted of a felony in the U.S. or elsewhere.
5. Not convicted of misdemeanor domestic violence.
6. Not under court order (i.e. order of protection, harassment, etc.)
7. Not a fugitive from justice.
8. Not a user of or addicted to any controlled substance.
9. Not been dishonorably discharged from the Armed Forces.
10. Have never renounced U.S. citizenship.
11. Do not suffer from mental illness and have not been adjudicated mentally incompetent or committed to a mental institution.
12. Have satisfactorily completed an (8 hour) Certification Course.

First Time Permit:

After completing the 8-hour training course, an application must be submitted to the AZ DPS within one year of course completion. You will also need to submit a fingerprint card. Prior fingerprinting does not matter, as a separate card must be submitted with your application. The application package must include a $60.00 cashier’s check, certified check or money order payable to the Arizona Department of Public Safety (this is non refundable). The permit is valid for 5 years unless suspended or revoked. All training is required to take place within the borders of Arizona.

Permit Renewal:

Complete an application provided by AZ DPS (602.256.6280)
Submit the application and a cashier’s check, certified check or money order for $43 payable to the Arizona Department of Public Safety. They will return the renewed permit by mail. There is no training requirement or fingerprint requirement.
All permits can be renewed 90 days prior to the expiration date and up to 60 days after the expiration date. If more than 60 days after the expiration date, the applicant must take the original 8 hour course again.

First time and renewal concealed weapon permit applications are processed by Department of Public Safety Criminal Records Specialists. The application data is entered into the AZ DPS CCW database.

Background criminal history checks are performed utilizing several systems:

• Arizona Criminal Justice Information System (ACJIS)
• National Crime Information Center (NCIC)
• Arizona Crime information Center (ACIC)
• National Instant Background Check System (NICS)
• Interstate Identification Index (III)
• Automatic Fingerprint Information System (AFIS)
• Federal Bureau of Investigations (FBI)

DPS policy is to deny a concealed weapon permit to an applicant due to any disqualifier in accordance to U.S. Federal (18 U.S.C. § 922) and Arizona State (ARS §13-3112).

If no disqualifying criminal history record is found, the concealed weapon permit is issued contingent on the FBI background check based on the submitted fingerprint.

AZ CCW Permit Disqualifiers

Concealed weapon permits shall not be issued if the application or background check on an applicant reveals any of the following disqualifiers under the aforementioned statutes:

1. Under indictment or been convicted, of felony or crime punishable by imprisonment exceeding 1 year.
2. A fugitive from justice (No active wants or warrants).
3. A user of or addicted to any controlled substance.
4. Adjudicated mentally defective or been committed to a mental institution.
5. An illegal alien or unlawfully in the U.S.
6. Dishonorably discharged from the Armed Forces.
7. Renounced U.S. citizenship.
8. Misdemeanor domestic violence convictions.
9. Is under court order (i.e., for qualifiers order of protection, harassment, etc.)

As a result of the continuing outstanding efforts of the Arizona Citizens Defense League (AZCDL), there have been a number of changes and additions to the laws relating to either obtaining or renewing an AZ CCW Permit.

SB 1070

In Senate Bill 1070, signed by Governor Napolitano on June 10, 2008, the law regarding CCW renewal was clarified. Anyone that can provide adequate documentation can renew an expired permit or obtain a new permit if their original training occurred within the past 5 years.

The impact of this bill is that if you allow your permit to expire or have passed a CCW training class in the past five years but never applied for your CCW permit, by providing proof that you have attended training within the past five years along with your application, you can apply for an AZ CCW permit.

This effectively extends the training certificate’s window from the current one year to a full five years.

HB 2634

In House Bill 2634, a long standing issue regarding the issuance of permits to applicants with prior felony convictions has been clarified.

This bill, signed on June 10, 2008, clarifies that any person who has had a prior felony conviction, but whose conviction has been expunged or a person who has been convicted of a felony but has had their civil rights, including their right to own a firearm, restored by the court may obtain an Arizona CCW permit, assuming they satisfy the normal requirements for that permit.

This is a major change as prior to this law, DPS prohibited the issuance of an AZ CCW permit to any convicted felon, regardless of their status. This clarification in the law overrides the DPS administrative rules on issuance of permits to former convicted felons.

HB 2486

House Bill 2486 adds undocumented aliens to the list of prohibited possessors for the purpose of either purchasing a handgun or obtaining and Arizona CCW permit.

There is effectively no major change here as legal US residency was always a requirement for an Arizona CCW permit.

However, clarification of the law, makes clear that undocumented aliens are prohibited possessors, which could result in criminal penalties for anyone selling a firearm to an undocumented alien or for enhanced criminal penalties for any undocumented alien committing a crime involving the use of a firearm.

HB 2574

In House Bill 2574, signed on April 28, 2008, the law has been changed regarding the penalty for carrying a weapon in an airport, beyond the security cordon checkpoint. This crime is now a Class 1 Misdemeanor.

Bills that didn’t make it through

There were a number of other pieces of legislation pending, with most of them dying in committee. These bills were never acted on and will probably be reintroduced in future legislative sessions.

HB 2536 called the “Parking Lot Law” by some, would have provided that public and private employers cannot prohibit a person from transporting or storing a firearm in a locked vehicle in a parking area (subject to certain exceptions).

SB 1214 proposed changes to ARS 13-3102 to allow adults with Arizona Concealed Weapons permits (AZ CCW) to carry concealed firearms on school campuses, including colleges and universities. Federal law (18USC section 922(q)(2)(B)(ii) already allows CCW permit holders to possess firearms on school property.

SB 1400 proposed changes to establish liability for any ‘gun free zones’ established by a government entity. It would make them liable for damages resulting from criminal conduct if an individual could have used a firearm in self defense.

If you support passage of any of these pieces of proposed legislation, call or email your Arizona Senate or House member and let them know you’d like to support them and would like to see them reintroduced in the next legislative session.

Question:

(1)  Before I take the course, please tell what other weapons besides firearms that the CCW Permit covers. 

(2)  Can you also please tell me what of these weapons are or are not legal to carry:

Batons

Compact Batons

Blackjacks

Knives and what limits if any, like (A) having brass knuckles built in, (B) automatic knives, (C) length limits

Brass Knuckles

Stun guns

Tasers

Pepper Sprays

It would seem like common sense that if a firearm can be carried concealed, then anything less lethal than a firearm would also be legal to carry. But I’d like to know for sure.  From my point of view, if a lesser means of force can be applied to stop an attack, then I’d rather not shoot the person. I may want to pull something like a baton before I get the gun out. I’d really appreciate it if you could help me understand this before I sign up.

PS, I now work in a charity clinic in a rough part of town where there have been attacks; also I worked for 10 years in max and medium security prisons. Maybe somebody didn’t like the way I filled their tooth when they get out of the big house!!

Answer:

The concealed weapons permit relates specifically to firearms or knives with a blade length of over 4 inches.  If a knife has a blade length of less than 4 inches it is considered to be a pocket knife and no permit is required to carry it concealed (like in your pocket).

Regarding the other items you mentioned, specifically batons or compact batons, automatic knives, stun guns, tasers and pepper spray, they are all legal to possess and carry in Arizona without a permit.  Please understand that Arizona is a more permissive state than most and all of these items are potential illegal outside of Arizona.  

For example, carry of automatic knives and batons in California is a felony.  As far as blackjacks or brass knuckles, Arizona law is fundamentally unclear.  If you were arrested for using them and/or having them in your possession, it would be possible to argue that you were in possession of a ‘deadly weapon’.  They are not specifically mentioned in the Arizona criminal codes, so you would pretty much be at the mercy of whatever the trial judge decided.  I would probably avoid them for that reason.  Additionally, actually using them could potentially cause as much injury to you as the person you were using them against.

Regarding all of the other ‘legal’ items, you would still need to be ‘justified’ in using them, specifically you would have to show that you were being credibly threatened with serious injury, disabling injury or death to avoid being criminally prosecuted.  This is something that we discuss in depth during the AZ CCW course itself.  I also include a discussion on alternatives to the use of lethal force, which is beyond the standard curriculum and is not discussed by most CCW instructors as they generally do not have the skills or training to treat this topic authoritatively.

One additional thought I would leave you with is this:  If you believe you are in danger of serious injury, disabling injury or death, my advice to you is to NOT worry about what happens to your attacker.  They will not hesitate to kill you in an instant.  If you hesitate, you may be consigning yourself to disability or death.  Believe me, they do not care what happens to you.  The most effective defense is to fight as aggressively and ruthlessly as you possibly can against anyone who demonstrates the intention to do you serious bodily harm. 

I hope this helps…please contact me with a follow up if you have additional questions or visit my website at http://www.armedpersonaldefense.com

Question:  Do the Arizona Revised Statutes require that an Arizona CCW holder advise a Law Enforcement officer of that fact and that he/she is armed? 

Answer:  There is no requirement under the Arizona Revised Statutes that requires a CCW permit holder to identify the fact that he/she has a permit and is armed during contact with Law Enforcement.  However, doing both is a very good idea. 

Most police officers are like you and me.  They want to do their job well and go home safely at the end of their shift. When they are engaged in a traffic stop, you should understand that this is one of the more dangerous parts of their job.  They have no idea who or what is waiting for them in the vehicle they have just stopped.  This is particularly true in the Phoenix area where 3 officers have been killed during traffic stops in the last year. 

When an officer makes a traffic stop, they are highly alert and watching for criminal behaviors.  If you have not volunteered to them that you are a permit holder and are armed and they subsequently determine that you are armed, they will consider that to be ‘bad guy’ behavior and probably treat you as such.  On the other hand, if you have notified them right up front, that is generally considered to be ‘good guy’ behavior and things will likely go a lot better.  

Please bear in mind that it is perfectly legal for a police officer to request that you surrender your firearm for the duration of the traffic stop.  They will return it to you unloaded before they leave.   

For the record, if you are directly asked whether or not you are armed, I would suggest you answer truthfully.  Telling the truth is ‘good guy’ behavior.  Lying is ‘bad guy’ behavior.  You can decide how you want to handle it, but personally I would be going for ‘good guy’ status.

We purchased our handguns & rifle several years ago.  We have since moved & in fact the store that we purchased them at no longer exists.  We still live in the same state.  What I am trying to find out is…..I no longer have my registration or bills of sale on my handguns.  Do I need something to prove that my guns are registered to me?  Do I need a proof of purchase?  Do I have to re-register every so often?  I keep my handgun & rifle at home for self-defense.  My wife carries hers in her car at all times for the same reason.  She travels quite a bit.  She also crosses the AZ state line into CA & sometimes into NV.  Is there anything special she has to do there to report that she is carrying a gun?  She does not have a CCW permit, as she carries it unloaded in her vehicle.  It is also in a holster.  Her vehicle is locked at all times.

Thanks,

Rick 

Answer:

Rick,

Arizona does not have any ‘gun registration’ requirement.  Some people think the form they fill out when they purchase a gun is a ‘registration’ when in fact it is simply a record of the transfer from the dealer to the purchaser.  BATF requires these ‘transfer’ documents and requires a firearms dealer to keep them on file.  When a gun store goes out of business, they are supposed to transmit the records to BATF, but in reality, it may or may not occur.

You do not need a proof of purchase or any documentation that they are ‘registered’ to you.  I would recommend that you record the serial numbers and model numbers and keep them somewhere safe.  This way, if you ever lost a gun or had it stolen, you could give the appropriate info to the police.

Your wife should probably get her CCW if she consistently carries a gun in her car.  In Arizona, the law states that the gun must be in plain view or if concealed, it must be at least two steps removed from immediate access by anyone in the vehicle.  An example of ‘two steps removed’ would be in the glove box (step 1) and in a holster (step 2).  If the gun is not in a holster or case and is in the glove box, it is only 1 step removed.  When you have a valid CCW permit, this ‘two step’ rule no longer applies.

When your wife drives into CA, if she has a gun in the car, she needs to meet California requirements for transporting the gun.  CA requires that the gun be unloaded and in a locked container in the trunk of the vehicle.  CA also requires that any ammo be in a separate container.  

In Nevada, the firearm can be legally carried in the vehicle unloaded, but not on your person unless you have a Nevada CCW permit.

I’d have her be a little careful traveling into CA.  They are not a gun friendly state.  She needs to take particular care to follow the rules while she is there.