ARIZONA State Firearms Laws
ARIZONA
(As of April, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances--Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles/
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owners NO NO
Permit to Carry NO YES
STATE CONSTITUTIONAL PROVISION
"The right of the individual citizen to bear arms in defense of
himself or the State shall not be impaired, but nothing in this
section shall be construed as authorizing individuals or
corporations to organize, maintain, or employ an armed body of
men." Article 2, Section 26.
POSSESSION
No state permit is required to possess a shotgun, rifle or
handgun.
It is unlawful for a "prohibited possessor" to possess a
firearm.*
A prohibited possessor includes (1) a person found to
constitute a danger to himself or others pursuant to a court
order and whose court ordered treatment has not been terminated;
(2) a person who has been convicted of a felony involving
violence or possession and use of a firearm or dangerous
instrument and whose civil rights have not been restored; (3) a
person who is at the time of possession serving a term of
imprisonment in any correctional or detention facility; or (4) a
person who is at the time of possession serving a term of parole,
work furlough, home arrest or release on any other basis or who
is serving a term of probation or parole.
No person, other than a peace officer or a member of the
military forces of the United States, shall knowingly possess a
firearm on which the manufacturerÕs serial number has been
removed, altered or destroyed. This does not apply to (1)
possession by a museum as a part of Its collection or an
educational institution for educational purposes or by an
authorized employee of such museum or institution or (2)
acquisition by gift, devise or descent or in a fiduciary capacity
as a recipient of the property of an insolvent, incapacitated or
deceased person
An unemancipated person under 18 not accompanied by a
parent, grandparent, guardian, or a certified hunter safety
instructor or certified firearms safety instructor acting with
consent of the minorÕs parent, grandparent or guardian shall not
carry or possess on his person, within his immediate control, or
in or on a means of transportation a firearm in any place open to
the public or on any street, highway, or on private property,
except private property owned or leased by the minor or the
minorÕs parent, grandparent, or guardian. This prohibition does
not apply to a person between 14 and 17 engaged in lawful
hunting, marksmanship practice, transportation of an unloaded
firearm for the purpose of hunting or, between 5:00 AM and 10:00
PM, transportation of an unloaded firearm for the purpose of
marksmanship at a range or other area where the discharge of
firearms is not prohibited. This law applies in counties with a
population exceeding 500,000. However, counties with a lesser
population, or cities and towns within such counties, may adopt
an ordinance identical to this law.
* A firearm is defined as any loaded or unloaded pistol,
revolver, shotgun or other weapon which will or is designed to or
may readily convert to expel a projectile by the action of an
explosive, except that it does not include a firearm in
permanently inoperable condition.
PURCHASE
It is unlawful to sell or give to a minor, without written
consent of the minorÕs parent or legal guardian, a firearm or
ammunition.
No state permit is required to purchase a shotgun, rifle, or
handgun.
It is unlawful to sell or transfer a firearm to a
"prohibited possessor" (See definition under Possession.)
CARRYING
No person shall carry a firearm "concealed on his person."
This does not apply to a person in his dwelling, business
premises or on real property owned or leased by that person. A
handgun carried in a belt holster which is wholly or partially
visible or carried in luggage is not considered carrying
concealed.
It is unlawful to carry a firearm* concealed within the
immediate control of any person in or on a means of
transportation.
This does not apply to firearms carried in a case, holster
or scabbard in a means of transportation or a storage
compartment, trunk, pack, luggage, or glove compartment of a
means of transportation.
Exempt from these prohibitions are 1) peace officers or any
person summoned by a peace officer to assist and while actually
assisting in the performance of official duties; 2) on duty
military forces of the United States; 3) a person specifically
licensed, authorized or permitted pursuant to an Arizona or
United States statute.
No person shall, unless specifically authorized by law,
enter a public establishment or attend a public event carrying a
firearm after a reasonable request by the operator of the
establishment or the sponsor of the event to remove his firearm
and place it in the custody of the operator or sponsor. This does
not apply to shooting ranges or shooting events, hunting areas or
similar locations or activities.
It is unlawful, unless specifically authorized by law, to
enter an election polling place on the day of any election
carrying a firearm.
It is unlawful to possess a deadly weapon on grade or high
school grounds. This shall not apply to an unloaded firearm
within a means of transportation under the control of an adult,
provided, if the adult leaves the vehicle, it shall be locked and
the unloaded firearm shall not be visible, or for a program
approved by the school.
The Department of Public Safety "shall issue a permit to
carry a concealed weapon" to a resident at least 21 years old,
who satisfactorily completes an approved firearms safety program,
submits fingerprints and a fee determined by the Department of
Public Safety, and who does not fall into a class of person
prohibited to possess a firearm, such as a convicted felon,
adjudicated mental incompetent, or illegal alien. The
qualification checks shall be completed within 60 days of receipt
of the application, and the permit will be issued within 15
working days after completing the checks. The permit is valid for
not more than 4 years and is renewable every 4 years.
ANTIQUES/REPLICAS
Arizona statutes are silent on antique and replica firearms
except that firearms in a permanently inoperable condition are
not included within the definition of firearms and are therefore
exempt for the weapon laws of Arizona. All other categories of
antique or replica firearms are treated as ordinary firearms for
possession and carrying purposes.
MACHINE GUNS
A machine gun is defined as a firearm that is capable of
shooting more than one shot automatically, without manual
reloading, by a single function of the trigger.
It is unlawful to manufacture, possess, transport, sell, or
transfer a machine gun. This does not apply to peace officers,
members of the military forces of the United States or persons
specifically licensed, authorized or permitted pursuant to an
Arizona statute or the National Firearms Act. This also does not
apply to any machine gun registered in the national firearms
registry and transfer records of the U.S. Treasury Department or
classified as a curio or relic by the U.S. Treasury Department.
The possession, transporting, selling or transferring of a
machine gun by a museum as part of its collection or an
educational institution for educational purposes or by an
authorized employee of such museum or institution is not
unlawful.
Authorized manufacturers or dealers may manufacture,
possess, transport, sell, or transfer machine guns solely for or
to a dealer or a regularly constituted or appointed state or
municipal police department or police officer, or a detention
facility, or the military service of Arizona or the United
States, or a museum or educational institution or a person
specifically licensed or permitted pursuant to Arizona law or the
National Firearms Act.
MISCELLANEOUS
A political subdivision shall not require the licensing or
registration of firearms or prohibit the ownership, purchase,
sale, or transfer of firearms. Ordinances relating to the
transportation, possession, carrying, sale and use of firearms
shall not be in conflict with state law. State law preempts the
subject of minors carrying, possessing, or transporting firearms.
It is unlawful to remove, alter or destroy the
manufacturer's serial number on a firearm.
Discharge of a firearm within the limits of any municipality
is unlawful except 1) on a properly supervised range operated by
a club affiliated with the National Skeet Association, or other
nationally recognized shooting organization, or by an agency of
the government or a public or private school, and in the case of
air or carbon dioxide gas operated guns, or underground ranges on
private or public property, such ranges may be operated with
adult supervision; 2) in an area recommended as a hunting area by
the Arizona game and fish department, approved and posted as
required by the chief of police; 3) for the control of nuisance
wildlife by permit, or 4) by special permit of the chief of
police of the municipality.
It is unlawful to recklessly handle, display, or discharge a
firearm with the intent to disturb the peace and quiet of a
neighborhood, family or person.
No person shall discharge a firearm from a motor vehicle,
including an automobile, aircraft train or powerboat, or from a
sailboat, boat under sail or floating object towed by powerboat
or sailboat.
No person shall knowingly discharge a firearm upon, from,
across or into a road or railway.
It is unlawful to discharge a firearm while taking wildlife
within a quarter mile of an occupied farm house or other
residence, cabin, lodge or building without the permission of the
owner or resident.
It is unlawful to possess while hunting any contrivance
designed to silence, muffle or minimize the report of a firearm.
It is unlawful for any person while taking wildlife or while
in any hunting area to handle or discharge any firearm while
intoxicated or in a careless or reckless manner or with wanton
disregard for the safety of human life or property.
It is unlawful to carry or possess a firearm for taking game
within or upon a game refuge except under seal or by written
consent of the game commission. This shall not prevent
landowners, lessees, permittees, their employees, or licensed
trappers from carrying arms in the performance of their lawful
duties.
It is unlawful to possess, transfer, or manufacture a rifle
with a barrel under 16 inches or a shotgun with a barrel under 18
inches or any such firearm with an overall length under 26
inches. See exemptions under "Machine Guns".
SOURCES: Ariz. Rev. Statutes Sec. 13-2904, 13-3101 et. seq.,
17-301, 17-305, 17-309, 17-312.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax. Virginia 22030
Copyright 1995, NRA Institute for Legislative Action