I recently received a question from a young man who was 18 years old and interested in getting a handgun.  He wanted to know if it was OK to carry openly.  He also wanted to know if the fact that he had been charged with two misdemeanors would affect his right to own a firearm. 

Finally, there is a convicted felon living in his household, making it illegal for him to have a firearm in the home, if that firearm was accessible to the felon.  He was curious about his ability to keep the firearm locked in his car since he could not keep it at home.

Since there are three distinct questions, let’s take them one by one. 

With respect to his firearms ownership, in Arizona it is perfectly legal to possess a handgun if you are 18 years old or older.  Since a person under 21 years old cannot purchase a gun from a federally licensed firearms dealer, the firearm would have to be acquired using a private party sale or would have to be a gift from someone legally permitted to own a firearm.

Arizona is an open carry state, so it would be perfectly legal for anyone that can legally possess a firearm to carry openly in any place where it is legal to have a firearm.

The fact that he had been charged with two misdemeanors really doesn’t apply here since neither of them had anything to do with domestic violence.

The fact that he is living in the same home as a convicted felon does have some implications.  Since it is illegal for a person to provide a felon with a firearm or make a firearm accessible to them, it would be very difficult to adequately secure a firearm in the home, making it completely inaccessible to the prohibited possessor.  Storing the firearm in the vehicle presents exactly the same problem as it would be necessary to make sure that the firearm was completely inaccessible to the prohibited possessor.

I wrote a pretty detailed post on dealing with this type of situation a few weeks back.  You can refer to the discussion of how to deal with firearms when living with a prohibited possessor here:

http://arizonaccwpermit.com/2008/07/08/households-with-convicted-felons-and-firearms/

As I said in my earlier post, it is a tough situation to deal with, but one that can be managed under the correct circumstances.

Question:  We have inherited a Glock pistol from a relative in Colorado.  It came with a large amount of ammo for the gun. 

Is there a law about transporting this gun and a limit on the amount of ammo for it?  It is for another relative and we have been asked to deliver it.

Answer:  There is no limit on ammo that you can transport as long as it is for personal use (not for resale).  

Regarding transporting your gun, the laws vary from state to state in terms of how a firearm may be legally transported in a vehicle.  

Since you didn’t say where you would be transporting the gun, if you keep it in a locked case in the trunk and keep the gun unloaded while you are transporting it, you will be in compliance with the strictest laws out there and shouldn’t have a problem…

I received a question asking if a person applying for and receiving a CCW Permit gave up any of their legal rights as a result of having an Arizona CCW permit.

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.

A questioner writes:  “I recently purchased a 9mm Kahr PM9 for concealed carry and home defense. I live in an apartment and would like to get ammunition that will not put others in the complex in danger. I am looking at Mag-Safe but have read mixed reviews about the functioning in autos. Thank you for your time.”

This was a great question.  It is an excellent issue to consider if you live in a multi-family dwelling or apartment complex.  The questioner was being a very responsible person to be making sure that they minimized the opportunity for ‘collateral damage’ should they have to use a handgun for personal defense at home.

Mag-Safe and other frangible rounds will essentially break up on contact with any hard surface.  The Mag-Safe rounds in particular have a pellet core in the 9mm configuration and will not penetrate sheet-rock.  Most other frangible rounds have an epoxy core and again will not penetrate any hard surface that you might fire at.

Glaser Safety Slugs are another variety of ammo that is designed to avoid over penetration.  Glaser uses a jacketed round that contains a tightly packed lead shot projectile.  Again, the issue here is that in many cases the projectile does not achieve enough penetration to do significant damage to your intended target.  Thus, the lack of stopping power tends to defeat the purpose of using a gun against your bad guy.

There are a couple of versions of Glaser rounds that supposedly have different penetration characteristics.  The ‘blue’ version is supposed to penetrate a soft target 5-7 inches where the ’silver’ version is supposedly good for between 8-10 inches of penetration.  These tests are done using ‘ballistic gelatin’.  Last time I checked, ballistic gelatin does not wear heavy clothing or hide behind walls, doors, furniture or other objects, so I would take these penetration numbers with a grain of salt.

There is a potential for reliability issues with this type of ammo when used in a semi-automatic pistol.  It is generally not a ‘feed’ issue but a ‘cycle’ issue.  Many of these rounds are not powerful enough to reliably cycle a semi-automatic pistol.   I have used frangible ammo extensively during training exercises in shoot houses and in my personal experience, this has been an issue for certain weapons and calibers.

I would suggest a couple of things right off the bat.  First, if you do use something like Mag-Safe or any other ‘frangible’ ammo, I’d strongly suggest that you do not use it for concealed carry when you are ‘out in the world’.

Using frangible or pre-fragmented ammo is great if you are concerned about penetration in your home, but lousy if you need to shoot through a hollow core door, heavy concealment, a car door or something else that your bad guy is hiding behind.

The Federal Air Marshals did some testing with frangible ammo a few years back.  It is instructive that they now all carry standard hollow point defensive ammo and do not carry frangible ammunition.

If you are really concerned about over-penetration at home, I’d probably suggest having two different magazines.  Load one with a frangible round and put that one in the gun when at home.  Load the other one with a high quality defensive round and use that one when ‘out in the world’.

One last thing to consider…if you are shooting a high quality defensive round and hit your intended target, you should not have to worry about over-penetration putting your neighbors at risk.  It is only an issue if you ‘miss’.  With good marksmanship and situational awareness, you may not really need the frangible ammo at all…

Recently I have had a several questions from active duty military folks regarding concealed carry in Arizona.  I decided to combine the last few questions into a single post to explain how it works for those of you who are stationed here or have some general questions about the need for or the renewal of an Arizona CCW permit.

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.

A reader recently raised an excellent question. He had read that it was illegal to carry a firearm during a ‘Bow Only’ hunting season. He was concerned that there was an apparent contradiction in Arizona law regarding legal open or concealed carry for self protection and the prohibition of carrying a firearm during a ‘Bow Only’ season as published in the hunting regulations enforced by Arizona Game and Fish. Essentially, he wanted to know if he still had the right to carry for self protection in the field if he was hunting during a “Bow Only” season.

The original game regulations that Game & Fish came out with did prohibit hunters from carrying a firearm during a “Bow Only” season. I believe that the original intent of this regulation was to prevent poaching. While this was well intentioned from a game management point of view, they may not have considered the current reality of life in our Arizona wilderness areas.

In the southern part of the state, the number of armed smugglers moving people or drugs across the border has made things quite dangerous for anyone in the wilderness, but especially so for anyone that is unarmed. In other parts of the state, there have been incidents where hikers and hunters have been threatened by armed individuals when they accidentally wandered into areas being used for the cultivation of illegal drugs.

While the Game & Fish rule still stands, the commission has announced plans to change this provision in the next revision cycle. In the meantime, an “enforcement directive” has been issued that tells the Wildlife Managers not to write tickets for this offense.

One word of caution - I would recommend that the handgun not have a six inch barrel with a scope on it or the Wildlife Manager might question the purpose of the handgun and why it is being carried.

If you want to see the original rule and the vote of the commissioners on the directive you can check out the two links below. On the first link, scroll down about half way and you will see the article on the Archery hunter being able to carry for personal protection. The second link will take you to the minutes where the issuance of the “enforcement directive” occurred.

http://www.azgfd.gov/h_f/highlights/highlights_0602.html

http://www.azgfd.gov/inside_azgfd/documents/120905CommMtgMinutes.pdf

I received a question recently regarding felony arrests and whether or not someone who had been arrested but not convicted could get an Arizona CCW Permit.

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.

Can a non-resident of Arizona apply for and receive and Arizona CCW Permit?

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.)

I recently received a question regarding any recent changes in the law regarding concealed carry in establishments that serve alcohol.

Unfortunately, the law has not changed. It is absolutely still illegal to carry a firearm in any establishment that serves alcohol for consumption on the premises. The proposed legislation to allow this has not been passed. It seems like this gets introduced in each legislative session, but our representatives have not been able to construct a version of this law that will satisfy our Governor.

Some seem to have difficulty finding the appropriate statutes regarding alcohol and concealed carry. Most of the time it is because people look in Arizona Revised Statutes Title 13 which deals with criminal offenses.

The appropriate reference in the Arizona Revised Statutes Title 4 which deals with Alcoholic Beverages. The specific section of interest is:

ARS 4-244 — Unlawful Acts.

This section details all of the ‘unlawful acts’ associated with sale or consumption of alcoholic beverages. The specific subsections relating to firearms are numbers 29 and 30 which are reproduced below.

29. For any person other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises of an on-sale retailer knowing such possession is prohibited. This paragraph shall not be construed to include a situation in which a person is on licensed premises for a limited time in order to seek emergency aid and such person does not buy, receive, consume or possess spirituous liquor. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.

30. For a licensee or employee to knowingly permit a person in possession of a firearm other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to remain on the licensed premises or to serve, sell or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. It shall be a defense to action under this paragraph if the licensee or employee requested assistance of a peace officer to remove such person.

Violation of either of these sections is a Class 2 misdemeanor, punishable by a fine of up to $750 and 4 months in jail.

Bottom Line…if you can drink there, leave your gun outside. Lock it in your car, but don’t carry into a bar.

Question: I am wondering if I should use +P ammo in my Springfield XD 45.

Your Springfield can handle the +P ammo just fine. The question is whether to use it or not.

Essentially what +P ammo does is give your .45 caliber bullet a slightly higher velocity. Normal .45 ACP caliber velocities are around 850 feet per second with energy delivered being about 375 foot pounds.

The +P loads will go with a velocity of 950-975 feet per second with the energy delivered being more in the range of 450 foot pounds. Both of these are with the normal 230 grain bullet.

A +P load is a faster, more penetrating, more hard hitting round. It will generally do greater damage to any human target you shoot and get better penetration for wounding in the deep organs of the body.

This increased power comes with the trade off of increased recoil and higher cost for the ammo. Remember that you must be able to accurately deliver rounds on target for them to have any effect. If you can shoot the +P loads accurately, certainly you should feel free to use them for defensive ammo.

My H&K USP Compact .45, is always loaded with Hornady TAP, 230 gr. +P ammo. In my personal experience, it performs exceptionally.