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Posted on March 27, 2018 in Crime

When Is a Weapon Considered Concealed?

If you someone challenges you regarding your concealed weapon, speak with a weapon charges attorney in Phoenix about your gun rights. In Arizona, anyone permitted to carry a gun can carry it in a concealed manner. The laws in this state differ from most of the U.S. regarding gun concealment. Most states severely limit who may carry a concealed weapon. The courts consider a concealed weapon a weapon hidden on a person and under that person’s control.

Arizona Requirements

The requirements for concealed carry in Arizona are the same as the requirements to own a firearm. The applicant must:

  • Be a U.S. citizen or resident of Arizona.
  • Be at least 21 years old, or 19 with proof of military service.
  • Not have a current felony formal accusation.
  • Not have a felony conviction, unless the courts vacated, pardoned, or set aside the conviction, or the courts restored the right to carry.
  • Not suffer from any mental illness.
  • Be in the United States legally.
  • Complete a designated firearms safety training program.

Concealed Weapons Defined

Carrying a weapon in such a way that other people cannot see it during ordinary observation is concealed carry, though the weapon doesn’t have to be completely invisible. The litmus test is that if an average person walks by and would not see it, the law considers it concealed.

The following do not fall into the concealed carry category:

  • A weapon carried in a holster worn on the belt that is visible to others or carried in a case that’s visible.
  • Weapons locked in a closed trunk or in the luggage compartment of a vehicle.
  • A firearm or other weapon carried in the field while engaging in hunting, target shooting, or trapping unless the activity is not legal.
  • A weapon lawfully carried for the purpose of transport from one place of business to the person’s home or another business.
  • A bow and arrow, unloaded shotgun or rifle or any other unleaded weapon carried in a car. This includes BB guns, CO2 guns, and air rifle

Age and Carry Laws

Although Arizona is fairly lenient regarding gun laws, there are slightly different rules for people who are under 21.

For example, Arizona allows anyone 21 or older who is legally able to own or purchase a gun to carry it loaded and concealed without any additional permit or license with them or in the vehicle. However, for people 18-20 years old, the law is a little different. The statues do not allow for concealed carry in a vehicle. If a firearm is in the vehicle, it must be in a case, holster, trunk, or storage compartment such as the glove compartment. Concealing the firearm in the vehicle is legal as long as it is in a holster. People in this age may not conceal an unholstered gun in the vehicle. For example, it cannot be under the seat. Gun owners between ages 18-20 can openly carry their weapon in their vehicle as long as the gun or holstered gun is visible.

Federal Concealed Weapons Law

There are sweeping law regarding who can carry concealed weapons and where they can carry them. In 2004, President Bush signed into law the Law Enforcement Officers Safety Act of 2004. This law allows retired and off-duty police officers to carry concealed weapons anywhere in the United States. The law supersedes any state or local control.

Legal Assistance

Although Arizona’s gun laws are lenient, this does not mean that gun crime penalties are lenient. Certain weapon crimes in the state can be severe. Using a weapon during the commission of a crime may be a felony with stiff penalties attached.

If you are facing charges that involve a firearm or other weapon, you should retain an experienced Arizona gun attorney. Conviction of a gun crime in Arizona will likely carry jail time and fines. Additionally, a felony criminal record can haunt a person for life. For assistance and advice on your case, contact the criminal defense attorneys at Orent Law Office today.