Question:  I am looking for opinions on how much or what type of information should be told to a 911 operator during or after a shooting situation takes place.

Answer: This is a difficult question to answer and how to handle it could vary widely depending on the precise situation.  Assuming that the call is occurring after a justified shooting has happened I would probably recommend the following:

• First, make sure that you and any other innocent bystanders are safe from any further danger.  Try and remain as calm as possible.
• Make sure that any weapons that are within reach of an unconscious or otherwise incapacitated attacker have been kicked away and cannot be recovered by them if they regain consciousness.  (Do not touch the weapons).
• Call 911 and report the basic situational information (someone broke in, manifested a lethal threat, you acted to stop the threat, etc.) and request that they send law enforcement and emergency medical assistance.
• Identify yourself and describe yourself ( I am Joe Smith, I am the homeowner.  I am 5′10″ tall with short gray hair and glasses.  I am wearing a blue pullover sweater and blue jeans.)  This will hopefully help law enforcement identify you as the ‘good guy’ when they arrive on the scene.
• Stay on the line with 911 but resist the temptation to give them a full description or statement.  They will try and get you to answer questions since that is their job.  Remember the call is being recorded.
• Check on your family and keep an eye on the assailant.  They have been known to regain consciousness and attack a second time.
• When law enforcement arrives, DO NOT have a weapon your hands.  911 will tell you when they are on the scene.  Put any weapon you have down and be well away from it when the police enter.  Make sure they can see your hands.
• The police will immediately secure the scene and after doing so, emergency medical personnel will come in and start treating any injuries.
• The police will most likely separate all parties present and begin the process of questioning each person.
• Consider answering only the most basic situational questions until you have your attorney present.  You are NOT required to make a statement without your attorney present.
• Understand that due to your adrenalin response and extreme stress you may experience time distortion, sensory exclusion and other sensory anomalies that will make it difficult or impossible for you to accurately recount the course of recent events.  This is why you may not wish to make a statement until you have had a chance to calm down and talk to your attorney.
• Understand that some law enforcement agencies treat all shootings as a homicide and as a result they may arrest one or more persons that might be involved in the shooting, even though you may be justified.

While all situations can vary, the list above is a pretty good set of guidelines for most things that might occur.  It is a really good idea to have an existing relationship with a good criminal attorney.  You certainly don’t want to be looking for someone in the yellow pages while waiting for the police to arrive…

Question: Can you apply for a residential permit by merely owning property in Arizona or do you need to apply for non residential status?  The reason for the question being the residential permit gives you more states that recognize your Arizona permit.

Answer: In terms of the issuance of the Arizona CCW permit, there is no distinction drawn between Arizona residents and non-resident that meet the requirement for issuance of the Arizona CCW permit.  Your question relates to recognition of the Arizona permit in other states.  Some states, like Florida, only recognize a concealed carry permit from another state when the permit is issued to a resident of that state.  They do not recognize ‘non-resident’ permit holders.  They do this specifically to prevent people that do not live in the state where the permit is issued from simply getting a permit to allow them to carry in other locations.

Currently Florida, Kansas, New Hampshire, South Carolina and West Virginia do not recognize ‘non-resident’ permits.  If you wish to carry these states, you must be in possession of a permit from your state of residence and that state’s permit must be recognized.

Question:  If I purchase a gun from a private seller in Arizona and my drivers license in from Nevada and I live seasonally in Arizona, is it legal?

Answer: Under the letter of the law, you may not engage in a face to face transfer in Arizona.  Since you maintain your official resident status in Nevada, where you have your license, you are not considered to be an Arizona resident.  Under AZ law, face to face transfers may only occur between two Arizona residents.  Since your are technically a Nevada resident, you would need to send the gun to a federally licensed firearms dealer in Nevada who would transfer the firearm to you in compliance with Nevada law.

Question:  Can a felon that was convicted of a drug offense after so many years have their right to own a gun restored?

Answer: Assuming that your felony was non-violent, you may petition the court to expunge or set aside your conviction.  This is a process that you would typically hire a lawyer to handle for you.  For most felony crimes, once you have completed your sentence and any court ordered probation or parole, you should be able to apply for the expungement.  You would specifically want to request that your civil rights including your right to own a firearm be restored as part of the expungement.

Once the process is complete and your conviction has been set aside, your right to own a firearm would be restored.

Your conviction may not be set aside if you were convicted of a crime that:

Involved inflicting serious physical injury on another person
Involved the use or exhibition of a deadly weapon or dangerous instrument
Requires the person to register as a sexual offender
Found that there was a sexual motivation for the commission of the crime
If the victim of the crime committed was under 15 years of age at the time the crime was committed.

Question:  Is it legal to open carry a holstered pistol on your person in the strong side hip position on your belt while driving a motor vehicle in Arizona if you do not have a CCW permit.  The holstered weapon is slid around to the front lateral side of the abdomen so as not to sit on it while driving.  The pistol butt, handle and holster are visible from the drivers side window as well as from other windows.

Answer: This is a pretty tricky question since open carry in Arizona requires that the gun be “wholly or partially visible” when carried in a holster.  The problem is that different people may have a different interpretation of what is “wholly or partially visible”.  The problem is this.  While the situation you describe might be ‘technically’ permissible under the law, a police officer that stops you for a traffic stop might feel that your holstered gun is not ‘wholly or partially visible’ and arrest you on a firearms misconduct charge.  You can avoid this by simply placing the gun on the seat next to you.  An even better solution is to simply get an CCW permit and then you won’t have any issue at all.

Question:  I’d like to buy a second handgun and want to make a smart and efficient purchase for multi-use cases.  I am looking for something small enough for my two kids (ages 9 and 11) and wife to get familiar with.  I would also like a backup pistol for personal defense or something my wife would feel comfortable using if she needed if for protection.  I’m leaning towards a high quality .22LR semi-auto Sig, S&W or Ruger.  I’m I off base thinking this will serve all the functions I want?  I was hoping quality JHP in a .22 would be OK for personal protection in a pinch.  Or is a .22LR just a ‘plinking’ gun?

Answer: The .22 sounds like a good call if you are thinking of something for your wife and kids to use for practice and familiarization.  All of the brand you mention are good quality.  The Ruger and S&W are more suited to target shooting.  A SIG Mosquito could be used for either target or carry, however it would probably not be a good choice for a backup gun.  The .22 caliber round just doesn’t have the ballistic characteristics to do much good in a real gunfight.  Don’t get me wrong, it is definitely better than no gun at all, but I’d probably look for a pistol in .32 caliber or .380 at a minimum for a secondary pistol.  Kel-Tec makes a pretty nice semi-auto for a backup.  I have gotten good results with the Kel-Tec P-3AT in .380 ACP.  It is very concealable and the .380 caliber has reasonable ballistic characteristics.   You could also get a snub nosed revolver for a backup.  My personal preference in a revolver is the S&W Model 649 Undercover in .38 special.  Overall, it is really more about the right tool for the job.  For target shooting and getting your kids and wife familiar with shooting, the .22 is a great choice.  For a secondary pistol, you really need something more than a .22 caliber in my opinion.

Question:  What are some things to look for in a holster for carrying concealed in Arizona?  Any preferences or advice you might have?

Answer: There are many factors to consider when making a holster selection for concealed carry.  Let’s talk about the general issues and then we can deal with a few issues that might be specific to Arizona.

There are several characteristics you should look for in a holster for concealed carry.

First, the holster should do a good job of retaining the gun.  One of the last issues you want to have is having your gun fall out of the holster if you run or should happen to fall down.  This is best accomplished by having a holster designed specifically for the gun you carry.  The holster retains the gun by a custom fit instead of some type of strap or retention device.  Better holsters usually have some sort of tension adjustment that allows you to vary the level of retention based on your individual preference.

I don’t recommend straps or retention devices for CCW type holsters as they can make it more difficult for you to get your gun out of the holster quickly.  In our more advanced courses, we see people having a lot of problems drawing under stress when they have retention devices on their holster.  While this can be remedied by lots of practice, most people aren’t prepared to make the time commitment.

Second, any decent holster should cover the trigger area of the gun.  A holstered pistol is a safe pistol as long as the trigger is completely covered and no part of the holster attaches to the trigger guard or trigger.

The type of holster is also an important consideration.  There are ‘outside the waistband’, ‘inside the waistband’, shoulder holsters, ankle holsters, small of the back holsters, belly bands, etc.   It is a pretty long list.  Overall, I’d probably avoid the specialty holsters like shoulder holsters, ankle holsters, belly bands and others that are very deep concealment holsters.  The biggest reason is getting access to your gun.  When you need it, you will need it in a BIG hurry and if it is not easily accessed, I could be a problem.  I prefer to keep my primary firearm located on my waist as it is most accessible there.

When looking at the choice between an ‘inside the waistband’ or ‘outside the waistband’ holster, there are several issues to consider.  An ‘inside the waistband’ holster is more easily concealed since the bulk of the holster body is inside your pants.  This requires that you wear your pants in a larger size to accommodate the holster.  It is also not as comfortable to carry using this type of holster.  An ‘outside the waistband’ holster is more comfortable and does not require adjustment of your clothing size, but it is more difficult to conceal since the holster is more likely to be seen if the covering garment is blown open or is tight around the waist.

Another factor to consider is the material of the holster.  In my view, a quality holster should be constructed of either Kydex or leather.  Plastic and nylon holsters, while inexpensive, typically are not durable and don’t offer proper retention characteristics.  Plastic holsters tend to have too much retention and usually not adjustable.  Nylon holsters have virtually no retention outside of a strap and should be avoided for concealed carry.  Both Kydex and leather holsters are typically molded to fit a specific gun and have good retention.  Kydex is virtually indestructible.  It can be cleaned easily and will not stain or be damaged if it comes in contact with water, sweat, blood or any other type of fluid.  Leather is more esthetically pleasing to many people can be more comfortable to wear depending on the type of holster.  Leather holsters tend to be thicker than Kydex due to the nature of the material and the stiffness that a good holster requires.

Another factor that is almost as important as the holster is the gun belt.  A quality gun belt is part of the support system for the gun.  The belt must be study enough to support the weight of the gun and holster.  It must also provide a stable platform for the drawstroke.  I have seen people come to class with lightweight dress type belts that don’t allow them to draw effectively as the belt flexes and does not keep the holster in place making it difficult to extract the gun.  If you don’t usually wear belts or don’t wish to hang your holster on a belt, there are paddle style holsters that fit inside the waistband of pants and use a retaining hook to keep the holster in place during the drawstroke.  Paddle style holsters are also somewhat easier to remove since they can be taken off without removing the belt in most cases.

If you are planning on purchasing a quality holster, you need to probably plan on spending between $50 and $75 depending on the type of holster.  Leather holsters tend to be a bit more expensive than Kydex.  I have honestly not seen a $20 holster that meets the requirements for CCW type carry.  If you just need something for the range, then maybe the $20 version will do the job, but a quality CCW holster will cost you more.  Trust me when I say that the extra money is worth it.  I can’t tell you how many people show up for advanced pistol training with a cheap holster and have a miserable training experience while learning the severe limitations of their holster/belt system.

The best suggestion that I can offer is to keep the system simple.  Choose quality and simplicity over gimmicks.  A good quality leather or Kydex holster carried on the waist with a sturdy belt is really hard to beat.  If you look at people that carry a gun for a living, most of them are using that type of setup.  That should tell you something…

One of the first questions is what material should my holster be made of?  Holsters are generally constructed of leather, Kydex, plastic or ballistic nylon.  In general, I would avoid plastic or nylon holsters.  While they are generally inexpensive, they have some problems

Question: I have a 9 mm handgun, but due to its size and weight i prefer to carry my Walther P22 all the time…..I want to know how effective a .22 gun can be in stopping an attack…..

Answer: Your seemingly simple question could generate a fairly lengthy answer if I covered all the details.  In the interest of being concise I will say the following:

1.  Generally the person that lands the first gunshot in a gunfight wins.
2.  Accuracy in many cases is the key to lethality.
3.  A well placed shot in a vital area with a small caliber can be more lethal that a poorly placed shot from a much larger caliber gun.
4.  Having any gun with you will improve your chances in a fight versus having no gun at all.

In general, larger calibers such as the 9mm will do more damage to the human body than a .22 if the shot placement is the same.  This is why most people prefer larger calibers as they have greater ’stopping power’.  What I mean by that is more energy is delivered and more damage is done by a single shot from a larger caliber if the accuracy is the same.

Unfortunately, many people cannot shoot a larger caliber gun as accurately as they can shoot a .22 caliber gun.  I see this all the time in the handgun courses I teach.  Students that can’t hit the target with a 9mm or .40 caliber might have no difficulty at all with a .22 caliber pistol.

My conclusion would be this.  A well placed .22 caliber round can do lethal damage, but it will not do it as quickly nor will it give you the margin of error in terms of accuracy that a larger caliber gun will against a human adversary.  You will have to land more shots to do the same damage and the efficacy of peripheral hits (non-vital areas) will be questionable.  Still having any gun is better than no gun at all.

If you can shoot a 9mm accurately, I would suggest you adapt to carrying the 9mm.  It will give you a much greater advantage against an attacker.  If size and weight are the primary issue, I might consider purchasing a 9mm that is more in line with the size and weight of your Walther P22.  Kahr, Glock and Kel-Tec all make small, lightweight pistols in 9mm that would fit the bill.

Certainly the Walther is a great pistol for target shooting and practice.  It is inexpensive to shoot and will help you practice and improve your marksmanship fundamentals.  I would just suggest that .22 caliber has some pretty serious limitations when used for personal defense.

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.