Posted on March 27, 2018 in Crime
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.
The requirements for concealed carry in Arizona are the same as the requirements to own a firearm. The applicant must:
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:
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.
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.
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 more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.