Posted on February 10, 2021 in Crime
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.
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.
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.
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.
Specific individuals are prohibited from carrying firearms. ARS §13-3101 defines “prohibited possessor” as a person who:
Individuals prohibited from carrying a gun can be charged with a gun crime if they are found in possession of a firearm.
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.
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:
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.
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:
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.