Arizona has some of the most permissive gun laws in the United States, making it a popular state for gun enthusiasts. However, gun owners must stay informed about the state’s regulations to ensure compliance with both state and federal laws. This guide provides a comprehensive overview of Arizona’s gun laws, including firearm ownership, carrying, prohibited possessors, and more.
1. Firearm Ownership and Purchase
No Permit Required: Arizona does not require a permit to purchase a firearm. Both handguns and long guns can be bought by individuals over the age of 18 for long guns, and 21 for handguns. Firearms can be purchased from various gun stores in Arizona, which are licensed dealers following state and federal regulations.
No Registration: Arizona does not mandate the registration of firearms. You are not required to register any legally owned firearms with the state.
No Owner License: Gun owners are not required to obtain any form of license to own or possess a firearm in Arizona.
Background Checks: Federal law requires background checks for commercial firearm sales (purchases made through licensed dealers), but private sales and transfers between individuals do not require a background check under Arizona law. However, it is recommended that buyers and sellers exercise caution when participating in private sales to ensure they are not transferring firearms to prohibited persons.
2. Carrying Firearms
Open Carry: Arizona is an “open carry” state, meaning individuals can openly carry a firearm in public without a permit, provided the firearm is holstered or in plain view. It is legal for anyone over 18 to open carry in Arizona.
Concealed Carry: Arizona allows permitless concealed carry, commonly known as “Constitutional Carry,” for individuals 21 years or older. This means that both residents and non-residents can carry a concealed firearm without a permit. However, obtaining a Concealed Carry Permit can still be beneficial for those who travel, as it allows for reciprocity with other states and eases the purchasing process in certain situations.
Vehicle Carry: Arizona law permits individuals to carry a loaded firearm in their vehicle without a permit, as long as the firearm is visible or stored in a compartment (e.g., glove box, center console). If the firearm is not clearly visible, it should be in a holster or other container.
3. Prohibited Possessors
Certain individuals are prohibited from possessing firearms under both state and federal law, including:
- Felons: Individuals convicted of a felony offense cannot legally possess firearms unless their rights are restored.
- Domestic Violence Offenders: Those convicted of misdemeanor domestic violence are also prohibited from possessing firearms.
- Mental Health Restrictions: Individuals who have been adjudicated as mentally ill or committed to a mental institution are barred from firearm possession.
- Other Prohibited Categories: These include fugitives, individuals dishonorably discharged from the military, undocumented immigrants, and certain non-immigrant aliens.
4. Castle Doctrine and Stand Your Ground
Castle Doctrine: Arizona’s Castle Doctrine allows individuals to use deadly force within their home, vehicle, or place of business if they reasonably believe it is necessary to prevent death, serious bodily injury, or certain violent crimes. There is no legal obligation to retreat before defending oneself in these locations.
Stand Your Ground: Arizona is a “Stand Your Ground” state, meaning there is no duty to retreat before using deadly force if you are in a place where you are lawfully present and not the initial aggressor. This doctrine extends to any location where a person has a legal right to be.
5. Other Considerations
Prohibited Locations: While Arizona is permissive with gun ownership and carry laws, certain locations remain off-limits for firearms. These include:
- Public schools and universities
- Government buildings, unless otherwise permitted
- Private property where the owner has posted signs prohibiting firearms
- Businesses that serve alcohol, unless the person carrying the firearm is not consuming alcohol
Peaceable Journey Laws: Arizona does not have specific peaceable journey laws for traveling with firearms. If you are passing through or traveling outside Arizona, it is essential to research the gun laws of other states, as they can vary widely.
Reciprocity: Arizona recognizes concealed carry permits issued by other states, but the rules for concealed carry may differ. It is important to understand the laws of the state you are visiting, as carrying a firearm in violation of another state’s laws could result in serious legal consequences.
6. Restoring Gun Rights
For individuals who have lost their gun rights due to a felony conviction, Arizona provides a process for restoring those rights. Restoration of gun rights can be sought through the following:
- Set Aside: A conviction can be set aside (vacated) by the court, which may restore the right to possess a firearm.
- Pardon: In some cases, a pardon from the Governor can restore firearm rights.
- Restoration of Civil Rights: After completing a sentence, an individual may petition the court to restore their civil rights, including the right to own firearms. The process varies depending on the severity of the felony and other factors.
7. Firearm Safety and Training
While Arizona does not mandate firearm safety training for purchasing or carrying a firearm, it is highly recommended for all gun owners. Proper training can improve safe handling practices and reduce the risk of accidents. Numerous certified instructors and organizations in Arizona offer firearm safety courses, including those required for obtaining a concealed carry permit.
Understanding Arizona’s gun laws is vital for anyone looking to exercise their Second Amendment rights responsibly. Gun owners should remain informed about any updates or changes to state and federal laws to ensure compliance. If you have specific questions about your rights or responsibilities under Arizona law, consulting with a legal expert is always advisable.
