Carrying Weapons in Public

[XavierMace]

Don't forget to check out the Arizona Shooting website (someone here please post the address),

Are you talking about the AZ section on packing (http://www.packing.org/state/arizona/), that covers most of this from a law stand point.  Not from a personal experience stand point though.

I believe that carry a baton has the same restrictions is a gun, but I'm not 100% sure.

[Maidrowl]

Impact weapons are a little more unclear.

The County Attorney is successfully prosecuting people for weapons offenses based on possession of CONCEALED impact weapons such as the ASPBaton.

The AZ CCW is a WEAPON permit, not a FIREARM only permit and it allows the holder to carry ANY weapon legally possessed.

It appears that you can probably open carry an ASP but you do risk charges if its concealed, and possibly getting hasseled by LEOs.

Arizona considers impact weapons such as the ASP as DEADLY weapons.

While there is some room for legal argument, the best thing to do is avoid any charges.

Incidentally, if you display an ASPBaton (as in draw it, snap it open, and appear to have the intent to use it) on someone you just committed aggravated assault and use or threat of deadly force is presumed reasonable against someone who is committing an Agg Assault.

YOU CAN CARRY A TASER CONCEALED without any license in Arizona... as well as California, New Mexico, Nevada, Texas.. etc.   Some East Coast states restrict Tasers but whatever......

Good to know. I always make sure its plenty visible when I do carry it. Though that is not very common. Thanks for the info on that.

[SilentDragon]

I open carry my Glock 22 without any problems.  If anything, people ask me questions about the legality because they may not know it and are curious.  So far, no problems with LE's.  I was pulled over one time and i had a passenger.  From what i was told... having a firearm in your vehicle is legal as long as it is in a holster and out of your reach (glove box).  However, since i had a passenger with me, i could not leave the firearm in the glove because because it is out of my reach, but now in his.  And since it's not visible in the glove box, it is considered concealed... therefor my passenger would need a CWL.  In this situation, i keep the firearm on my hip, holstered, and unchambered.  When i was pulled over, one of the first things i did was turn the vehicle off and remove the magazine from the firearm.  I then placed the magazine on the top of the car, then the firearm as well with the slide locked back.  I also placed my hands in plain view of the Police Officer.  The first thing he said to me was, "I appreciate that," while taking the firearm from the roof.  After writing the citation, he had me place the firearm in the trunk (which at the time, i also had my case), and told me to have a good night.

Naturally, some people give me looks, but realize that i'm legally carrying and treat me as they would anyone else.  I'm also a little guy as some of you know... so i'm sure to some people, i look like a freakin' kid weilding a pistol.

[chris]

MCSD??

What is the legal age to open carry?

[andyhinds]

I open carry my Glock 22 without any problems.  If anything, people ask me questions about the legality because they may not know it and are curious.  So far, no problems with LE's.  I was pulled over one time and i had a passenger.  From what i was told... having a firearm in your vehicle is legal as long as it is in a holster and out of your reach (glove box).  However, since i had a passenger with me, i could not leave the firearm in the glove because because it is out of my reach, but now in his.  And since it's not visible in the glove box, it is considered concealed... therefor my passenger would need a CWL.  In this situation, i keep the firearm on my hip, holstered, and unchambered.  When i was pulled over, one of the first things i did was turn the vehicle off and remove the magazine from the firearm.  I then placed the magazine on the top of the car, then the firearm as well with the slide locked back.  I also placed my hands in plain view of the Police Officer.  The first thing he said to me was, "I appreciate that," while taking the firearm from the roof.  After writing the citation, he had me place the firearm in the trunk (which at the time, i also had my case), and told me to have a good night.

Naturally, some people give me looks, but realize that i'm legally carrying and treat me as they would anyone else.  I'm also a little guy as some of you know... so i'm sure to some people, i look like a freakin' kid weilding a pistol.

A few issues with the following:

1) You carry a gun, but carry it unloaded (unchambered is the same as unloaded to me) an unloaded gun is useless.

2) When a LEO pulls you over, you draw your gun, then put your arm out the window to place it on the roof of a car, and a cop actually thanked you for brandishing a weapon during a traffic stop.  Why would the cop have you place it in the trunk?  Most times they say "don't load that till I leave"

Personally I don't think its a good idea to pull a gun to unload it when pulled over by a cop, we'll read about you on the news one night and the cop will be justified in the shooting.

[Doc Hollywood]

MCSD??

What is the legal age to open carry?

That is a matter of some dispute.  Some LEO's believe that you cannot possess a handgun unless you are at least 21, and take your handgun away from you.

You cannot purchase a handgun until you are 21, but possession in AZ is less than clear.

You do have to be 21 for a CCW.

Not giving advice or anything here.... but if you open carry under 21 you do so at your own risk of course....

and if you do so under 18 you are just wrong....

[chris]

No, of course I would not just wondering what the laws are, since I had never heard of that before.

[Kilo11]

MCSD??

What is the legal age to open carry?

That is a matter of some dispute.  Some LEO's believe that you cannot possess a handgun unless you are at least 21, and take your handgun away from you.

You cannot purchase a handgun until you are 21, but possession in AZ is less than clear.

You do have to be 21 for a CCW.

Not giving advice or anything here.... but if you open carry under 21 you do so at your own risk of course....

and if you do so under 18 you are just wrong....

Doc i could be wrong but i think that the age to privately own a handgun is 19, however good luck buying Ammo for it, thats what i was told, however i would have to look it up in the Arizona Revised Statutes to be sure.

[jax archillies]

MCSD = maracopa county sherrifs department.  

I too, was wondering why the cop didint toss a few rounds through your back window the second he saw a pistol come into view...i showed the message to a senior officer here, and he said "he's lucky the guy didnt kill him"

when you get pulled over, all you need ot do it, put/keep your hands on the stering wheel after you shut the car off.

[HavHav]

Places you cannot carry.

* No Schools (elementary, HS)

* No place where alcohol is served

* No place where it's posted [No weapons allowed, etc]

* No polling place on the day of election

* Not past the security checkpoint at the airport

* Regardless of what the law actually SAYS, in your vehicle (on your hip) can be dicey. (There've been 2 court cases that render nearly moot what would otherwise be the clear language of the law. Now, it really is up to the discretion of the officer. While there are some officers who might look at what the law says, I don't trust them all to do the right thing absent of any other crime)

* There've also been a couple incidents where a person was open carrying on their belt, and were approached by an officer. Officer didn't see the weapon (i.e. approach from right side of a left-handed person). Citizen was charged with CCW because officer didn't immediately see the weapon.

* No carry in National Parks or (many) National Monuments, though this is fed not state law.

* City parks under 1 square mile can be restricted to people with a CCW, as can the "developed areas" of parks over 1 square mile. However, people can carry through the developed area to get to the undeveloped area. (i.e. South Mountain Park's picnic areas might be CCW-permitees only, but an open-carry/no CCW person can carry through those areas to the main portion of the park.

* While city parks might be off-limits to non-CCW permitees, the state law does not require that the weapon be concealed. Since state law also preempts local municipalities from passing ordinances on firearms, cities can't require it to be concealed. Does this mean you won't have any encounters with PD? No, but the law is clear on this, too.

* There are no prohibitions on carrying in churches, public gatherings (unless posted or they serve alcohol, like sports arenas), etc.

I strongly suggest that you get Alan Korwin's book "Arizona Gun Owner's Guide", which plainly explains all the laws about this. Alan is local, a great guy and has been writing these for YEARS.

www.gunlaws.com

In a nutshell, however, other than the city parks thing, you cannot carry openly any place you cannot carry concealed, and vice-versa.

Getting a CCW permit merely allows you to untuck your shirt and carry in city parks (and not scare out-of-staters who don't think citizens should have firearms). Beyond that, there's no real difference.

Quoted from TimW off another board.

Also, if you purchase a handgun through a private sale, you only have to be 18 for the transaction to be legal. The law only states discusses penalties for buying a weapon if a minor selling a weapon to a minor (under 18), etc.

It states you only need to be 18 to privately purchase a firearm, and 18 to carry said firearm openly.

I'm 19 and carry my Glock on a daily basis. I've been pulled over a few times with it, and neither time did the officer ask me to get out of the car. I notify them first thing when they make the approach.

[XavierMace]

* There've also been a couple incidents where a person was open carrying on their belt, and were approached by an officer. Officer didn't see the weapon (i.e. approach from right side of a left-handed person). Citizen was charged with CCW because officer didn't immediately see the weapon.

I'm sorry, I call BS on that.  Following that logic you could not carry open period.  On your head?  What if the officer was really short?  Hold it in your hands?  Obvious problems with that one.

[Ganef]

You cant realy call BS on that. He was just stating what happened.

[Vince]

* There've also been a couple incidents where a person was open carrying on their belt, and were approached by an officer. Officer didn't see the weapon (i.e. approach from right side of a left-handed person). Citizen was charged with CCW because officer didn't immediately see the weapon.

I'm sorry, I call BS on that.  Following that logic you could not carry open period.  On your head?  What if the officer was really short?  Hold it in your hands?  Obvious problems with that one.

Tim Weaver, the original poster, has done more to preserve the Second Amendment than anybody on this board. If he says it, I believe it.

I have the highest respect for law enforcement, but like any profession, it is a cross-section of society (albeit generally 'better' society), and you will get turds in there.

[XavierMace]

You cant realy call BS on that. He was just stating what happened.

I read it to say it was a "well I heard sort of thing" not as a this happened to me.

Tim Weaver, the original poster,

The name didn't click with me until you said that.

Sorry about that everybody, I just hesitate to take that kind of statement at face value without knowing the source.

[GUNFIGHTER6]

Unless things have changed drastcially, the MCSO Posse, and its members are not recognized as LE officers.  They have no powers of arrest, save for what is given to them by an actual deputy.  I was involved in the Posse before I left for the Army in 2000, and I was not even able to purchase Hi-cap magazines for my pistol with my posse credentials.  Even when I returned from the military in 2003, and worked for the Dept of Corrections, and I had state issued authority to carry concealed, I was not able to purchase LE restritced items.  Anyone considering using posse status as justification of concealed carry would be wise to consult local LE authorities, and or their chain of command within the Sherrifs office.