Gun laws in Arizona


Firearm laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state of Arizona in the United States.

Summary table


Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNo
Firearm registration required?NoNohttp://www.azleg.state.az.us/ars/13/03101.htm ARS 13-3101 the person is no longer a danger to others or persistently and acutely disabled, 2) that the circumstances that led to the original order, adjudication or finding are no longer in effect, 3) that the patient is not likely to act in a manner that is dangerous to public safety, and 4) that restoring the patient's right to possess a [firearm is not contrary to the public interest. The burden of proof is on the court-ordered person, not the state.

Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes. There is no registration or licensing of non-NFA firearms in Arizona. Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring licensing or registration. According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source; however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees. Some counties have adopted Second Amendment sanctuary resolutions.

Open carry

On foot, any adult person who is not a "prohibited possessor" may openly carry a loaded firearm visible to others. Generally, a person must be at least 18 years of age to possess or openly carry a firearm. However, this does not apply to:
  1. Juveniles within a private residence.
  2. Emancipated juveniles.
  3. Juveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the juvenile's parent or guardian.
  4. Juveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian.
  5. Juveniles fourteen years of age and up engaged in any of the following activities:
The law does not expressly require openly carried weapons to be in a holster, case or scabbard; however, the open carrying of weapons not in a holster, case or scabbard while on foot in a populated area could be construed as reckless display or, if others feel threatened by such, even assault with a deadly weapon.
In a vehicle, any adult person who is not a prohibited possessor may openly carry a loaded firearm in a vehicle whether in a holster, case, compartment, or in plain view. Persons under 21 may openly carry a loaded or unloaded firearm in a vehicle only if it is in plain view, i.e. discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.

Concealed carry

In Arizona, anyone who is not prohibited from owning a firearm and is at least 21 years old can carry a concealed weapon without a permit as of July 29, 2010. Arizona was the third state in modern U.S. history to allow the carrying of concealed weapons without a permit, and it is the first state with a large urban population to do so.
Arizona is classified as a "shall issue" state. Even though Arizona law allows concealed carry by adults without permit, concealed carry permits are still available and issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety for purposes of reciprocity with other states or for carrying firearms in certain regulated places. Requirements for issuance include taking a training class or hunter education class, submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. Renewing a permit requires an application and criminal background check. Arizona recognizes all valid out-of-state carry permits.

State preemption

The Arizona legislature has largely preempted political subdivisions to choose what laws that they want. Political subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when such employees or contractors are acting within the course and scope of their employment or contract. They may also bar the carrying of weapons at public establishments and events by those who do not have concealed carry permits. Public establishments and events where carry by non-permit holders is prohibited must provide secure storage for weapons on-site, which must be readily accessible upon entry and allow for immediate retrieval upon exit.

Tribal law

s, which comprise over a quarter of the land area of the state, may have gun laws identical to or more restrictive than state law. Some tribal governments in Arizona may not recognize Arizona law on the concealed carrying of firearms without a permit while on tribal land.
All Arizona tribes recognize federal law, including the "safe passage" provision of the federal Firearm Owners Protection Act Act. FOPA provides that, notwithstanding any state, tribal, or local law, and while making a continuous journey, a person who is not a prohibited possessor is entitled to transport a firearm or ammunition for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm or ammunition if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle. In vehicles without a trunk, the unloaded firearm or ammunition must be in a locked container other than the glove compartment or console. Recent U.S. Court of Appellate rulings have confirmed that FOPA`s protections only apply to unloaded firearms not readily accessible to the traveler, and many tribal governments have strict laws with respect to firearms being carried or transported on tribal lands. For example, in the event of a vehicle stop, Navajo Nation police will seize any loaded firearm found to be accessible to the driver or passenger. and confiscated firearms are not returnable unless the owner can establish proof of ownership of the firearm and ammunition by presenting a bill of sale or other evidence at the police station at a later date.

Discharging a firearm

It is generally illegal to discharge a firearm within or into the limits of any municipality. However, this prohibition does not apply to persons discharging firearms in the following circumstances:
According to the by Alan Korwin, while discharging a firearm using blanks within the limits of a municipality is not expressly prohibited by law, disturbing the peace or other charges could still apply.

Prohibited areas

State law prohibits the carrying of firearms in certain areas. These prohibited areas include:
In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a firearm at a jail, correctional facility, juvenile secure care facility, or in a hydroelectric or nuclear power generating station is a felony. Carrying a firearm in any other prohibited area, absent any other concomitant criminal conduct, is a misdemeanor. Carrying a firearm on private property or in a private establishment where it has been forbidden by the owner or another person having lawful control over the property is not expressly prohibited by law, but is held to constitute misdemeanor trespass. Carrying a firearm at a public college or university where it has been prohibited by the governing board is not expressly prohibited by law, but is held to violate provisions of , which prohibits "interference with or disruption of an educational institution". The restrictions pertaining to licensed liquor establishments do not apply to liquor stores or other stores that sell only closed containers of alcohol for consumption off the premises.

Prohibited possessors

State law prohibits the possession of firearms and other deadly weapons by certain categories of "prohibited possessors". According to current statute, these categories are defined as follows:
Notably, the prohibition against owning a firearm by a person found to be a danger to himself or others or persistently or acutely disabled or gravely disabled continues in effect even after the expiration of the mental health court order itself. Instead, a person whose right to possess a firearm was forfeited as part of a mental health order must have that right judicially restored by filing a petition with the court requesting a hearing and a court order restoring the right to possess a firearm.
Arizona appellate courts have ruled that bars the retroactive application of changes to the prohibited possessor statute unless there is an express legislative declaration of retroactive intent. Although the statute has been amended numerous times during its history, no such retroactive declarations have ever been passed into law. Thus, the possession of deadly weapons by some individuals may be governed by older versions of the statute which are either more or less restrictive than the one currently in force. For example, persons found to constitute a danger to self or others or to be persistently or acutely disabled or gravely disabled prior to September 30, 2009 do not need to petition the courts for a restoration of rights, as statutes in effect prior to that date either did not prohibit their possession of deadly weapons or prohibited such possession only temporarily, during their term of court-ordered treatment.

Prohibited weapons

State law prohibits the possession certain types of firearms and other deadly weapons by any citizen. These weapons are defined as follows: