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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : WEAPONS AND EXPLOSIVES
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13-3101 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term
includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder or other similar
explosive material including plastic explosives. Explosive does not include ammunition or
ammunition components such as primers, percussion caps, smokeless powder, black powder
and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun
or other weapon that will expel, is designed to expel or may readily be converted to
expel a projectile by the action of an explosive. Firearm does not include a firearm in
permanently inoperable condition.
5. "Occupied structure" means any building, object, vehicle, watercraft, aircraft
or place with sides and a floor that is separately securable from any other structure
attached to it, that is used for lodging, business, transportation, recreation or storage
and in which one or more human beings either is or is likely to be present or so near as
to be in equivalent danger at the time the discharge of a firearm occurs. Occupied
structure includes any dwelling house, whether occupied, unoccupied or vacant.
6. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to himself or to others pursuant to
court order under section 36-540, and whose court ordered treatment has not been
terminated by court order.
(b) Who has been convicted within or without this state of a felony or who has been
adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not
been restored.
(c) Who is at the time of possession serving a term of imprisonment in any
correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a
conviction for a domestic violence offense as defined in section 13-3601 or a felony
offense, parole, community supervision, work furlough, home arrest or release on any
other basis or who is serving a term of probation or parole pursuant to the interstate
compact under title 31, chapter 3, article 4.
(e) Who is a prohibited possessor under 18 United States Code 922(g)(5), except as
provided by 18 United States Code 922(y).
7. "Prohibited weapon" means, but does not include fireworks imported, distributed
or used in compliance with state laws or local ordinances, any propellant, propellant
actuated devices or propellant actuated industrial tools that are manufactured, imported
or distributed for their intended purposes or a device that is commercially manufactured
primarily for the purpose of illumination, including any of the following:
(a) Explosive, incendiary or poison gas:
(i) Bomb.
(ii) Grenade.
(iii) Rocket having a propellant charge of more than four ounces.
(iv) Mine.
(b) Device that is designed, made or adapted to muffle the report of a firearm.
(c) Firearm that is capable of shooting more than one shot automatically, without
manual reloading, by a single function of the trigger.
(d) Rifle with a barrel length of less than sixteen inches, or shotgun with a
barrel length of less than eighteen inches, or any firearm that is made from a rifle or
shotgun and that, as modified, has an overall length of less than twenty-six inches.
(e) Instrument, including a nunchaku, that consists of two or more sticks, clubs,
bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the
design of a weapon used in connection with the practice of a system of self-defense.
(f) Breakable container that contains a flammable liquid with a flash point of one
hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of
being ignited.
(g) Chemical or combination of chemicals, compounds or materials, including dry
ice, that are placed in a sealed or unsealed container for the purpose of generating a
gas to cause a mechanical failure, rupture or bursting of the container.
(h) Combination of parts or materials that is designed and intended for use in
making or converting a device into an item set forth in subdivision (a) or (f) of this
paragraph.
B. The items set forth in subsection A, paragraph 7, subdivisions (a), (b), (c) and
(d) of this section do not include any firearms or devices that are registered in the
national firearms registry and transfer records of the United States treasury department
or any firearm that has been classified as a curio or relic by the United States treasury
department.
13-3102 Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a
pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed
within immediate control of any person in or on a means of transportation; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited
weapon; or
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited
possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense
included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or
further the interests of a criminal street gang, a criminal syndicate or a racketeering
enterprise; or
10. Unless specifically authorized by law, entering any public establishment or
attending any public event and carrying a deadly weapon on his person after a reasonable
request by the operator of the establishment or the sponsor of the event or the sponsor's
agent to remove his weapon and place it in the custody of the operator of the
establishment or the sponsor of the event; or
11. Unless specifically authorized by law, entering an election polling place on the
day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric
generating station carrying a deadly weapon on his person or within the immediate control
of any person; or
14. Supplying, selling or giving possession or control of a firearm to another
person if the person knows or has reason to know that the other person would use the
firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in furtherance of
any act of terrorism as defined in section 13-2301 or possessing or exercising control
over a deadly weapon knowing or having reason to know that it will be used to facilitate
any act of terrorism as defined in section 13-2301.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his
dwelling, on his business premises or on real property owned or leased by that person.
C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not
apply to:
1. A peace officer or any person summoned by any peace officer to assist and while
actually assisting in the performance of official duties; or
2. A member of the military forces of the United States or of any state of the
United States in the performance of official duties; or
3. A warden, deputy warden or correctional officer of the state department of
corrections; or
4. A person specifically licensed, authorized or permitted pursuant to a statute of
this state or of the United States.
D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
1. The possessing, transporting, selling or transferring of weapons by a museum as
a part of its collection or an educational institution for educational purposes or by an
authorized employee of such museum or institution, if:
(a) Such museum or institution is operated by the United States or this state or a
political subdivision of this state, or by an organization described in section 170(c) of
title 26 of the United States Code as a recipient of a charitable contribution; and
(b) Reasonable precautions are taken with respect to theft or misuse of such
material.
2. The regular and lawful transporting as merchandise; or
3. Acquisition by a person by operation of law such as by gift, devise or descent
or in a fiduciary capacity as a recipient of the property or former property of an
insolvent, incapacitated or deceased person.
E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of
an authorized manufacturer of or dealer in prohibited weapons, when such material is
intended to be manufactured, possessed, transported, sold or transferred solely for or to
a dealer, a regularly constituted or appointed state, county or municipal police
department or police officer, a detention facility, the military service of this or
another state or the United States, a museum or educational institution or a person
specifically licensed or permitted pursuant to federal or state law.
F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons
carried in a belt holster which holster is wholly or partially visible, or carried in a
scabbard or case designed for carrying weapons which scabbard or case is wholly or
partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall
not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage
that is carried within a means of transportation or within a storage compartment, trunk
or glove compartment of a means of transportation.
G. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or
shooting events, hunting areas or similar locations or activities.
H. Subsection A, paragraph 3 of this section shall not apply to a weapon described
in section 13-3101, subsection A, paragraph 7, subdivision (e), if such weapon is
possessed for the purposes of preparing for, conducting or participating in lawful
exhibitions, demonstrations, contests or athletic events involving the use of such
weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such
weapon is possessed for the purposes of preparing for, conducting or participating in
hunter or firearm safety courses.
I. Subsection A, paragraph 12 of this section shall not apply to the possession of
a:
1. Firearm that is not loaded and that is carried within a means of transportation
under the control of an adult provided that if the adult leaves the means of
transportation the firearm shall not be visible from the outside of the means of
transportation and the means of transportation shall be locked.
2. Firearm for use on the school grounds in a program approved by a school.
J. Misconduct involving weapons under subsection A, paragraph 9, 14 or 15 of this
section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph
3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under
subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation
occurs in connection with conduct which violates the provisions of section 13-2308,
subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section
13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons
under subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct
involving weapons under subsection A, paragraph 1, 2, 10 or 11 of this section is a class
1 misdemeanor.
K. For the purposes of this section:
1. "Public establishment" means a structure, vehicle or craft that is owned, leased
or operated by this state or a political subdivision of this state.
2. "Public event" means a specifically named or sponsored event of limited duration
either conducted by a public entity or conducted by a private entity with a permit or
license granted by a public entity. Public event does not include an unsponsored
gathering of people in a public place.
3. "School" means a public or nonpublic kindergarten program, common school or high
school.
4. "School grounds" means in, or on the grounds of, a school.
13-3103 Misconduct involving explosives; classification
A. A person commits misconduct involving explosives by knowingly:
1. Keeping or storing a greater quantity than fifty pounds of explosives in or upon
any building or premises within a distance of one-half mile of the exterior limits of a
city or town, except in vessels, railroad cars or vehicles receiving and keeping them in
the course of and for the purpose of transportation; or
2. Keeping or storing percussion caps or any blasting powder within two hundred
feet of a building or premises where explosives are kept or stored; or
3. Selling, transporting or possessing explosives without having plainly marked, in
a conspicuous place on the box or package containing the explosive, its name, explosive
character and date of manufacture.
4. This section shall not apply to any person who legally keeps, stores or
transports explosives, percussion caps or blasting powder as a part of their business.
B. Misconduct involving explosives is a class 1 misdemeanor.
13-3104 Depositing explosives; classification
A. A person commits depositing explosives if with the intent to physically
endanger, injure, intimidate or terrify any person, such person knowingly deposits any
explosive on, in or near any vehicle, building or place where persons inhabit, frequent
or assemble.
B. Depositing explosives is a class 4 felony.
13-3105 Forfeiture of weapons and explosives
A. Upon the conviction of any person for the violation of any felony in this state
in which a deadly weapon, dangerous instrument or explosive was used, displayed or
unlawfully possessed by such person, the court shall order the article forfeited and
sold, destroyed or otherwise properly disposed.
B. Upon the conviction of any person for the violation of section 13-2904,
subsection A, paragraph 6 or section 13-3102, subsection A, paragraph 1, 2, 8 or 10, the
court may order the forfeiture of the deadly weapon or dangerous instrument involved in
the offense.
C. If at any time the court finds pursuant to rule 11 of the ARIZONA rules of
criminal procedure that a person who is charged with a violation of this title is
incompetent, the court shall order that any deadly weapon, dangerous instrument or
explosive used, displayed or unlawfully possessed by the person during the commission of
the alleged offense be forfeited and sold, destroyed or otherwise properly disposed.
13-3106 Firearm purchase in other states
A person residing in this state, or a corporation or other business entity
maintaining a place of business in this state, may purchase or otherwise obtain firearms
anywhere in the United States if such purchase or acquisition fully complies with the
laws of this state and the state in which the purchase or acquisition is made and the
purchaser and seller, prior to the sale or delivery for sale, have complied with all the
requirements of the federal gun control act of 1968, Public Law 90-618, section 922,
subsection (c) and the code of federal regulations, volume 26, section 178.96, subsection
(c).
13-3107 Unlawful discharge of firearms; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the
limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly
weapon, unless the dangerous nature of the felony is charged and proven pursuant to
section 13-604, subsection P, the provisions of section 13-702, subsection G apply to
this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to the provisions of chapter 4 of this title.
2. On a properly supervised range.
3. In an area recommended as a hunting area by the ARIZONA game and fish
department, approved and posted as required by the chief of police, but any such area may
be closed when deemed unsafe by the chief of police or the director of the game and fish
department.
4. For the control of nuisance wildlife by permit from the ARIZONA game and fish
department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as
specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a
reasonable person would believe that deadly physical force against the animal is
immediately necessary and reasonable under the circumstances to protect oneself or the
other person.
D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully
enclosed within the city or town.
2. "Properly supervised range" means a range that is operated:
(a) By a club affiliated with the national rifle association of America, the
amateur trapshooting association, the national skeet association or any other nationally
recognized shooting organization, or by any public or private school, or
(b) Approved by any agency of the federal government, this state, a county or city
within which the range is located or
or for shooting in underground ranges on private or public property.
13-3108 Firearms regulated by state; state preemption; violation; classification
A. Except as provided in subsection C of this section, a political subdivision of
this state shall not enact any ordinance, rule or tax relating to the transportation,
possession, carrying, sale, transfer or use of firearms or ammunition or any firearm or
ammunition components in this state.
B. A political subdivision of this state shall not require the licensing or
registration of firearms or ammunition or any firearm or ammunition components or
prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any
firearm or ammunition components.
C. This section does not prohibit a political subdivision of this state from
enacting and enforcing any ordinance or rule pursuant to state law, to implement or
enforce state law or relating to any of the following:
1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the
gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition
or any firearm or ammunition components at a rate that applies generally to other items
of tangible personal property.
2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or
a certified hunter safety instructor or certified firearms safety instructor acting with
the consent of the minor's parent, grandparent or guardian from knowingly possessing or
carrying on the minor's person, within the minor's immediate control or in or on a means
of transportation a firearm in any place that is open to the public or on any street or
highway or on any private property except private property that is owned or leased by the
minor or the minor's parent, grandparent or guardian. Any ordinance or rule that is
adopted pursuant to this paragraph shall not apply to a minor who is fourteen, fifteen,
sixteen or seventeen years of age and who is engaged in any of the following:
(a) Lawful hunting or shooting events or marksmanship practice at established
ranges or other areas where the discharge of a firearm is not prohibited.
(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.
(c) Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and
10:00 p.m. for the purpose of shooting events or marksmanship practice at established
ranges or other areas where the discharge of a firearm is not prohibited.
(d) Any activity that is related to the production of crops, livestock, poultry,
livestock products, poultry products or ratites or storage of agricultural commodities.
3. The use of land and structures, including a business relating to firearms or
ammunition or their components or a shooting range in the same manner as other commercial
businesses. Notwithstanding any other law, this paragraph does not authorize a political
subdivision to regulate the sale or transfer of firearms on property it owns, leases,
operates or controls in a manner that is different than or inconsistent with state law.
For the purposes of this paragraph, a use permit or other contract that provides for the
use of property owned, leased, operated or controlled by a political subdivision shall
not be considered a sale, conveyance or disposition of property.
4. Regulating employees or independent contractors of the political subdivision who
are acting within the course and scope of their employment or contract.
5. Limiting firearms possession in parks or preserves of one square mile or less in
area to persons who possess a concealed weapons permit issued pursuant to section
13-3112. The political subdivision shall post reasonable notice at each park or preserve.
The notice shall state the following: "Carrying a firearm in this park is limited to
persons who possess a permit issued pursuant to section 13-3112." In parks or preserves
that are more than one square mile in area, a political subdivision may designate
developed or improved areas in which the political subdivision may limit firearms
possession to persons who possess a concealed weapons permit issued pursuant to section
13-3112. The political subdivision shall post reasonable notice at each designated
developed or improved area. The notice shall state the following: "Carrying a firearm
in this developed or improved area is limited to persons with a permit issued pursuant to
section 13-3112." For the purposes of this paragraph, "developed or improved area" means
an area of property developed for public recreation or family activity, including picnic
areas, concessions, playgrounds, amphitheaters, racquet courts, swimming areas, golf
courses, zoos, horseback riding facilities and boat landing and docking
facilities. Developed or improved area does not include campgrounds, trails, paths or
roadways except trails, paths and roadways directly associated with and adjacent to
designated developed or improved areas. Any notice that is required by this paragraph
shall be conspicuously posted at all public entrances and at intervals of one-fourth mile
or less where the park, preserve or developed or improved area has an open perimeter.
Any limitation imposed by a political subdivision pursuant to this paragraph shall not
apply to a person:
(a) Engaged in a permitted firearms or hunter safety course conducted in a park by
a certified hunter safety instructor or certified firearms safety instructor.
(b) At a properly supervised range, as defined in section 13-3107, at a permitted
shooting event, at a permitted firearms show or in a permitted hunting area.
(c) Legally transporting, carrying, storing or possessing a firearm in a vehicle.
(d) Going directly to or from an area where the person is lawfully engaged in
hunting, marksmanship practice or recreational shooting.
(e) Traversing a trailhead area in order to gain access to areas where the
possession of firearms is not limited.
(f) Using trails, paths or roadways to go directly to or from an area where the
possession of firearms is not limited and where no reasonable alternate means of access
is available.
6. Limiting or prohibiting the discharge of firearms in parks and preserves except:
(a) As allowed pursuant to chapter 4 of this title.
(b) On a properly supervised range as defined in section 13-3107.
(c) In an area recommended as a hunting area by the ARIZONA game and fish
department and approved and posted as required by the political subdivision's chief law
enforcement officer. Any such area may be closed when deemed unsafe by the political
subdivision's chief law enforcement officer or the director of the ARIZONA game and fish
department.
(d) To control nuisance wildlife by permit from the ARIZONA game and fish
department or the United States fish and wildlife service.
(e) By special permit of the chief law enforcement officer of the political
subdivision.
(f) As required by an animal control officer in performing duties specified in
section 9-499.04 and title 11, chapter 7, article 6.
(g) In self-defense or defense of another person against an animal attack if a
reasonable person would believe that deadly physical force against the animal is
immediately necessary and reasonable under the circumstances to protect oneself or the
other person.
D. A violation of any ordinance established pursuant to subsection C, paragraph 6
of this section is a class 2 misdemeanor unless the political subdivision designates a
lesser classification by ordinance. 13-3109 Sale or gift of firearm to minor; classification
A. Except as provided in subsection C of this section, a person who sells or gives
to a minor, without written consent of the minor's parent or legal guardian, a firearm,
ammunition or a toy pistol by which dangerous and explosive substances may be discharged
is guilty of a class 6 felony.
B. Nothing in this section shall be construed to require reporting sales of
firearms, nor shall registration of firearms or firearms sales be required.
C. The temporary transfer of firearms and ammunition by firearms safety
instructors, hunter safety instructors, competition coaches or their assistants shall be
allowed if the minor's parent or guardian has given consent for the minor to participate
in activities such as firearms or hunting safety courses, firearms competition or
training. With the consent of the minor's parent or guardian, the temporary transfer of
firearms and ammunition by an adult accompanying minors engaged in hunting or formal or
informal target shooting activities shall be allowed for those purposes.
13-3110 Misconduct involving simulated explosive devices; classification; definition
A. A person commits misconduct involving simulated explosive devices by
intentionally giving or sending to another person or placing in a private or public place
a simulated explosive device with the intent to terrify, intimidate, threaten or harass.
B. The placing or sending of a simulated explosive device without written notice
attached to the device in a conspicuous place that the device has been rendered inert and
is possessed for the purpose of curio or relic collection, display or other similar
purpose is prima facie evidence of intent to terrify, intimidate, threaten or harass.
C. Misconduct involving simulated explosive devices is a class 1 misdemeanor.
D. In this section "simulated explosive device" means a simulation of a prohibited
weapon described in section 13-3101, paragraph 7, subdivision (a) or (f) that a
reasonable person would believe is such a prohibited weapon.
13-3111 Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification
A.¦¦Except as provided in subsection B, an unemancipated person who is under
eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a
certified hunter safety instructor or certified firearms safety instructor acting with
the consent of the unemancipated person's parent or guardian, shall not knowingly carry
or possess on his person, within his immediate control, or in or on a means of
transportation a firearm in any place that is open to the public or on any street or
highway or on any private property except private property owned or leased by the minor
or the minor's parent, grandparent or guardian.
B.¦¦This section does not apply to a person who is fourteen, fifteen, sixteen or
seventeen years of age and who is any of the following:
1.¦¦Engaged in lawful hunting or shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm is not prohibited.
2.¦¦Engaged in lawful transportation of an unloaded firearm for the purpose of
lawful hunting.
3.¦¦Engaged in lawful transportation of an unloaded firearm between the hours of
5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm is not prohibited.
4.¦¦Engaged in activities requiring the use of a firearm that are related to the
production of crops, livestock, poultry, livestock products, poultry products, or ratites
or in the production or storage of agricultural commodities.
C.¦¦If the minor is not exempt under subsection B and is in possession of a firearm,
a peace officer shall seize the firearm at the time the violation occurs.
D.¦¦In addition to any other penalty provided by law a person who violates
subsection A shall be subject to the following penalties:
1.¦¦If adjudicated a delinquent juvenile for an offense involving an unloaded
firearm, a fine of not more than two hundred fifty dollars, and the court may order the
suspension or revocation of the person's driver license until the person reaches eighteen
years of age. If the person does not have a driver license at the time of the
adjudication, the court may direct that the department of transportation not issue a
driver license to the person until the person reaches eighteen years of age.
2.¦¦If adjudicated a delinquent juvenile for an offense involving a loaded firearm,
a fine of not more than five hundred dollars, and the court may order the suspension or
revocation of the person's driver license until the person reaches eighteen years of
age. If the person does not have a driver license at the time of the adjudication, the
court may direct that the department of transportation not issue a driver license to the
person until the person reaches eighteen years of age.
3.¦¦If adjudicated a delinquent juvenile for an offense involving a loaded or
unloaded firearm, if the person possessed the firearm while the person was the driver or
an occupant of a motor vehicle, a fine of not more than five hundred dollars and the
court shall order the suspension or revocation of the person's driver license until the
person reaches eighteen years of age. If the person does not have a driver license at
the time of adjudication, the court shall direct that the department of transportation
not issue a driver license to the person until the person reaches eighteen years of
age. If the court finds that no other means of transportation is available, the driving
privileges of the child may be restricted to travel between the child's home, school and
place of employment during specified periods of time according to the child's school and
employment schedule.
E.¦¦Firearms seized pursuant to subsection C shall be held by the law enforcement
agency responsible for the seizure until the charges have been adjudicated or disposed of
otherwise or the person is convicted. Upon adjudication or conviction of a person for a
violation of this section, the court shall order the firearm forfeited. However, the law
enforcement agency shall return the firearm to the lawful owner if the identity of that
person is known.
F.¦¦If the court finds that the parent or guardian of a minor found responsible for
violating this section knew or reasonably should have known of the minor's unlawful
conduct and made no effort to prohibit it, the parent or guardian is jointly and
severally responsible for any fine imposed pursuant to this section or for any civil
actual damages resulting from the unlawful use of the firearm by the minor.
G.¦¦This section is supplemental to any other law imposing a criminal penalty for
the use or exhibition of a deadly weapon. A minor who violates this section may be
prosecuted and convicted for any other criminal conduct involving the use or exhibition
of the deadly weapon.
H.¦¦This section applies only in counties with populations of more than five hundred
thousand persons according to the most recent decennial census. Counties with
populations of five hundred thousand persons or less according to the most recent
decennial census, or cities or towns within those counties, may adopt an ordinance
identical to this section.
I.¦¦A person who violates subsection A is guilty of a class 6 felony.
13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; training program; program instructors; report; applicability; violation; classification
A. The department of public safety shall issue a permit to carry a concealed weapon
to a person who is qualified under this section. The person shall carry the permit at all
times when the person is in actual possession of the concealed weapon and shall present
the permit for inspection to any law enforcement officer on request.
B. A person who fails to carry the permit at all times that the person is in actual
possession of a concealed weapon may have the permit suspended. The department of public
safety shall be notified of all violations of this section and shall immediately suspend
the permit. The permittee shall present the permit to the law enforcement agency or the
court. On notification of the presentation of the permit, the department shall restore
the permit.
C. The permit of a person who is arrested or indicted for an offense that would
make the person unqualified under the provisions of section 13-3101, subsection A,
paragraph 6 or this section shall be immediately suspended and seized. The permit of a
person who becomes unqualified on conviction of that offense shall be revoked. The permit
shall be restored on presentation of documentation from the court if the permittee is
found not guilty or the charges are dismissed. The permit shall be restored on
presentation of documentation from the county attorney that the charges against the
permittee were dropped or dismissed.
D. A person who fails to present a permit for inspection on the request of a law
enforcement officer is guilty of a class 2 misdemeanor. A person shall not be convicted
of a violation of this subsection if the person produces to the court a legible permit
that is issued to the person and that was valid at the time the violation of this
subsection occurred.
E. The department of public safety shall issue a permit to an applicant who meets
all of the following conditions:
1. Is a resident of this state or a United States citizen.
2. Is twenty-one years of age or older.
3. Is not under indictment for and has not been convicted in any jurisdiction of a
felony.
4. Does not suffer from mental illness and has not been adjudicated mentally
incompetent or committed to a mental institution.
5. Is not unlawfully present in the United States.
6. Satisfactorily completes a firearms safety training program approved by the
department of public safety pursuant to subsection O of this section. This paragraph does
not apply to:
(a) A person who is an active duty ARIZONA peace officer standards and training
board certified or federally credentialed peace officer or who is honorably retired as a
federal, state or local peace officer with a minimum of ten years of service.
(b) A person who is an active duty county detention officer and who has been
weapons certified by the officer's employing agency.
F. The application shall be completed on a form prescribed by the department of
public safety. The form shall not require the applicant to disclose the type of firearm
for which a permit is sought. The applicant shall attest under penalty of perjury that
all of the statements made by the applicant are true. The applicant shall submit the
application to the department with a certificate of completion from an approved firearms
safety training program, two sets of fingerprints and a reasonable fee determined by the
director of the department.
G. On receipt of a concealed weapon permit application, the department of public
safety shall conduct a check of the applicant's criminal history record pursuant to
section 41-1750. The department of public safety may exchange fingerprint card
information with the federal bureau of investigation for federal criminal history record
checks.
H. The department of public safety shall complete all of the required qualification
checks within sixty days after receipt of the application and shall issue a permit within
fifteen working days after completing the qualification checks if the applicant meets all
of the conditions specified in subsection E of this section. If a permit is denied, the
department of public safety shall notify the applicant in writing within fifteen working
days after the completion of all of the required qualification checks and shall state the
reasons why the application was denied. On receipt of the notification of the denial, the
applicant has twenty days to submit any additional documentation to the department. On
receipt of the additional documentation, the department shall reconsider its decision and
inform the applicant within twenty days of the result of the reconsideration. If denied,
the applicant shall be informed that the applicant may request a hearing pursuant to
title 41, chapter 6, article 10.
I. On issuance, a permit is valid for five years, except a permit that is held by a
member of the United States armed forces, including a member of the ARIZONA national
guard or a member of the reserves of any military establishment of the United States, who
is on federal active duty and who is deployed overseas shall be extended until ninety
days after the end of the member's overseas deployment.
J. The department of public safety shall maintain a computerized permit record
system that is accessible to criminal justice agencies for the purpose of confirming the
permit status of any person who claims to hold a valid permit issued by this state. This
information shall not be available to any other person or entity except on an order from
a state or federal court.
K. Notwithstanding subsection J of this section, it is a defense to any charge for
carrying a deadly weapon without a permit by a member of the United States armed forces,
including a member of the ARIZONA national guard or a member of the reserves of any
military establishment of the United States, if the member was on federal active duty at
the time the permit expired and the member presents documentation indicating release from
active duty or reassignment from overseas deployment within the preceding ninety days.
L. A permit issued pursuant to this section is renewable every five years. Before a
permit may be renewed, a criminal history records check shall be conducted pursuant to
section 41-1750 within sixty days after receipt of the application for renewal. For the
purposes of the first permit renewal only, the permit holder is required to submit
additional fingerprints pursuant to this subsection. For the purposes of the second
or subsequent permit renewal, the permit holder is not required to submit additional
fingerprints pursuant to this subsection.
M. Applications for renewal shall be accompanied by a fee determined by the
director of the department of public safety. A certificate of completion of a two-hour
refresher firearms safety training program approved by the director of the department is
required before a renewal permit may be issued and shall accompany an application for
renewal.
N. The department of public safety shall suspend or revoke a permit issued under
this section if the permit holder becomes ineligible pursuant to subsection E of this
section. The department of public safety shall notify the permit holder in writing within
fifteen working days after the revocation or suspension and shall state the reasons for
the revocation or suspension.
O. An organization shall apply to the department of public safety for approval of
its firearms safety training program. The department shall approve a program that meets
the following requirements:
1. Is at least eight hours in length.
2. Is conducted on a pass or fail basis.
3. Addresses all of the following topics in a format approved by the director of
the department:
(a) Legal issues relating to the use of deadly force.
(b) Weapon care and maintenance.
(c) Mental conditioning for the use of deadly force.
(d) Safe handling and storage of weapons.
(e) Marksmanship.
(f) Judgmental shooting.
4. Is conducted by instructors who submit to a background investigation, including
a check for warrants and a criminal history records check.
P. If approved pursuant to subsection O of this section, the organization shall
submit to the department of public safety two sets of fingerprints from each instructor
and a fee to be determined by the director of the department of public safety. On receipt
of the fingerprints and fee, the department of public safety shall conduct a check of
each instructor's criminal history record pursuant to section 41-1750. The department of
public safety may exchange this fingerprint card information with the federal bureau of
investigation for federal criminal history record checks.
Q. The proprietary interest of all approved instructors and programs shall be
safeguarded, and the contents of any training program shall not be disclosed to any
person or entity other than a bona fide criminal justice agency, except upon an order
from a state or federal court.
R. If the department of public safety rejects a program, the rejected organization
may request a hearing pursuant to title 41, chapter 6, article 10.
S. The department of public safety shall maintain information comparing the number
of permits requested, the number of permits issued and the number of permits denied. The
department shall annually report this information to the governor and the legislature.
T. The director of the department of public safety shall adopt rules for the
purpose of implementing and administering the concealed weapons permit program including
fees relating to permits and certificates that are issued pursuant to this section.
U. The department of public safety shall enter into reciprocal agreements with
states that have concealed weapons laws substantially similar to this section for the
purpose of establishing a basis under which a concealed weapons license or permit that is
issued by either state may be used by the licensee or permittee within the jurisdiction
of either state. If another state requires this state to enter into a reciprocal
agreement before accepting a concealed weapons permit issued in this state, the
department of public safety shall enter into the agreement if the issuing authority for
the other state:
1. Issues a permit with an expiration date printed on the permit.
2. Is available to verify the permit status for law enforcement purposes within
three business days of a request for verification.
3. Has disqualification, suspension and revocation requirements for concealed
weapons permits.
4. Requires that an applicant for a concealed weapons permit meet all of the
following conditions:
(a) Submits to a criminal history records check.
(b) Is not prohibited from possessing firearms pursuant to federal law.
(c) Satisfactorily completes a firearms safety program.
V. Notwithstanding subsection U of this section, unless a person would be a
prohibited possessor in this state, a person who is a resident of another state and who
is temporarily in this state may carry a concealed weapon in this state without a permit
issued pursuant to this section if both of the following apply:
1. The person is legally in this state.
2. The person presents a valid concealed weapons permit from another state on the
request of a law enforcement officer if the issuing authority for the other state:
(a) Issues a permit with an expiration date printed on the permit.
(b) Has disqualification, suspension and revocation requirements for concealed
weapons permits.
(c) Requires that an applicant for a concealed weapons permit meet all of the
following conditions:
(i) Submits to a criminal history records check.
(ii) Is not prohibited from possessing firearms pursuant to federal law.
(iii) Satisfactorily completes a firearms safety program.
W. Notwithstanding the provisions of this section, a person with a concealed
weapons permit from another state may not carry a concealed weapon in this state if the
person is under twenty-one years of age or is under indictment for, or has been convicted
of, a felony offense in any jurisdiction, even if the person's rights have been restored
and the conviction is expunged, set aside or vacated.
X. The department of public safety may issue certificates of firearms proficiency
according to the ARIZONA peace officer standards and training board firearms
qualification for the purposes of implementing the law enforcement officers safety act of
2004 (P.L. 108-277).
13-3113 Adjudicated delinquents; firearm possession; violation; classification
A person who was previously adjudicated delinquent and who possesses, uses or
carries a firearm within ten years from the date of his adjudication or his release or
escape from custody is guilty of a class 5 felony for a first offense and a class 4
felony for a second or subsequent offense if the person was previously adjudicated for an
offense that if committed as an adult would constitute:
1. Burglary in the first degree.
2. Burglary in the second degree.
3. Arson.
4. Any felony offense involving the use or threatening exhibition of a deadly
weapon or dangerous instrument.
5. A serious offense as defined in section 13-604.
13-3115 Forensics firearms identification system
The department of public safety is authorized to establish and maintain a forensics
firearms identification system designed to provide investigative information on criminal
street gangs and the unlawful use of firearms.
13-3116 Misconduct involving body armor; classification; definition
A. A person commits misconduct involving body armor by knowingly wearing or
otherwise using body armor during the commission of any felony offense.
B. Misconduct involving body armor is a class 4 felony.
C. For purposes of this section, "body armor" means any clothing or equipment
designed in whole or in part to minimize the risk of injury from a deadly weapon.
13-3117 Remote stun guns; sales records; use; classification; definitions
A. It is unlawful for a person or entity to do any of the following:
1. Sell an authorized remote stun gun without keeping an accurate sales record as
to the identity of the purchaser with the manufacturer of the authorized remote stun gun.
The identification that is required by this paragraph shall be verified with a government
issued identification. This requirement does not apply to secondary sales.
2. Knowingly use or threaten to use a remote stun gun or an authorized remote stun
gun against a law enforcement officer who is engaged in the performance of the officer's
official duties.
B. This section does not:
1. Preclude the prosecution of any person for the use of a remote stun gun or an
authorized remote stun gun during the commission of any criminal offense.
2. Preclude any justification defense under chapter 4 of this title.
C. The regulation of remote stun guns and authorized remote stun guns is a matter
of statewide concern.
D. A violation of:
1. Subsection A, paragraph 1 is a petty offense.
2. Subsection A, paragraph 2 is a class 4 felony.
E. For the purposes of this section:
1. "Authorized remote stun gun" means a remote stun gun that has all of the
following:
(a) An electrical discharge that is less than one hundred thousand volts and less
than nine joules of energy per pulse.
(b) A serial or identification number on all projectiles that are discharged from
the remote stun gun.
(c) An identification and tracking system that, on deployment of remote electrodes,
disperses coded material that is traceable to the purchaser through records that are kept
by the manufacturer on all remote stun guns and all individual cartridges sold.
(d) A training program that is offered by the manufacturer.
2. "Remote stun gun" means an electronic device that emits an electrical charge and
that is designed and primarily employed to incapacitate a person or animal either through
contact with electrodes on the device itself or remotely through wired probes that are
attached to the device or through a spark, plasma, ionization or other conductive means
emitting from the device.
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