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Posted on February 10, 2021 in Crime

Phoenix Gun Laws

The right to own a gun is guaranteed under the United States Constitution and its amendments. Arizona recognizes gun rights and has laws to protect gun owners’ rights in Phoenix and throughout the state.

However, the right to bear arms under the Second Amendment does not cover illegal activities related to guns and firearms. It is essential to understand Phoenix gun laws so that you do not make a mistake that could result in a Phoenix weapons charge.

Purchasing a Gun in Arizona

Arizona gun laws do not require you to obtain a permit or undergo a background check to purchase a gun from a private individual. You are also not required to register the gun once you purchase it. 

Federally-licensed gun dealers must complete a background check as required by federal law. However, if the person has a state permit to possess or purchase a firearm that meets specific conditions, the dealer may not be required to complete a federal background check.

Open Carry Laws

Arizona is an open carry or constitutional carry state for guns. You do not have to obtain a permit or license to openly carry a gun in Arizona. 

Individuals must be at least 18 years of age to carry a gun. However, minors can carry a firearm for the purpose of target practice or hunting when under the supervision of a safety instructor, parent, or grandparent. 

Concealed Gun Laws

Arizona does not require individuals to obtain a concealed weapons permit or a special license to carry a concealed gun. However, the person must be at least 21 years of age. 

You can obtain a Concealed Weapons Permit (CWP) if you wish. Many people decide to obtain their CWP because it can allow them to carry concealed weapons in other states with a reciprocity agreement with Arizona. You must complete a firearms training course and meet all other requirements to obtain a CWP in Arizona.

Individuals Prohibited From Possessing Firearms

Specific individuals are prohibited from carrying firearms. ARS §13-3101 defines “prohibited possessor” as a person who:

  • Constitutes a danger to others or themselves
  • Has an acute or persistent disability or grave disability according to a court order
  • Has not had the right to possess a firearm restored according to §13-925
  • Has been convicted of a felony and not had their gun rights restored
  • Is serving a term of imprisonment in a detention facility or correctional facility
  • Is on probation for a domestic violence offense or a felony offense
  • Is serving community supervision or on parole, work furlough, or home arrest
  • Is a nonimmigrant alien traveling with or without documentation or an undocumented alien
  • Has been judged incompetent or found guilty but insane

Individuals prohibited from carrying a gun can be charged with a gun crime if they are found in possession of a firearm.

Notifying Police Officers of Concealed Weapons

You may have the right to carry a concealed weapon without a permit, but you must notify a law enforcement officer of the weapon during any contact with an officer. The requirement applies to concealed weapons on your person or in your vehicle. Failing to notify a police officer of a concealed weapon could result in a criminal charge.

Locations Where Guns Are Prohibited

There are specific locations where individuals are prohibited from carrying a gun, either open carry or concealed carry. Examples of some of the locations where guns are prohibited include, but are not limited to:

  • K-12 schools, with very limited exceptions
  • Business serving alcohol for consumption on the premises
  • Polling places on election days
  • Correctional facilities
  • Game preserves
  • Airports
  • Indian reservations
  • National parks
  • Federal buildings

The above locations do not comprise a complete list of the prohibited places for firearms. Gun owners are expected to know when and where they can carry guns. There may not always be a sign stating that guns and firearms are prohibited.

What Should You Do if You Are Charged With a Gun Crime in Phoenix?

Gun crimes carry severe penalties. In many cases, there are mandatory sentences for convictions of gun crimes. You could face lengthy prison sentences and high fines for a conviction.

Common weapons charges in Phoenix include, but are not limited to:

  • Violations of concealed weapons laws
  • Illegal possession of a gun
  • Possessing a prohibited weapon
  • Sale or transfer of a gun to a prohibited person
  • Illegal discharge of a firearm
  • Possessing a gun on school grounds or other prohibited locations

If you are arrested on a gun charge, do not admit guilt or answer questions for the police. Request an attorney and then exercise your right to remain silent. A weapon charges lawyer can review your case to determine the potential defenses to the charges. 

 

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