Malcolm Rivera
Arizona passed a constitutional carry law in 2010, allowing those over the age of 21 to carry a concealed weapon without a permit. The law was signed by Governor Jan Brewer on April 16, 2010, and came into effect on July 29, 2010. Arizona is one of 29 states with similar laws, with the majority passing in the last decade. Arizona's law also permits open carry for those aged 18 and over, with some restrictions in certain public places.
| Characteristics | Values |
|---|---|
| Date of passing constitutional carry | 29 July 2010 |
| Bill | Senate Bill 1108 |
| Signed by | Governor Jan Brewer |
| Age limit for carrying a concealed weapon without a permit | 21 and older |
| Open carry allowed for | 18 and older |
| Open carry allowed for juveniles | Yes, under the supervision of a parent, grandparent, or safety instructor and for hunting and target practice |
| Background check required for buying a handgun from a private individual | No |
| Minimum age to purchase a handgun from a federally licensed dealer | 21 |
| Areas off-limits for open carry | Schools and liquor stores that have posted "no weapons" signs |
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What You'll Learn
Arizona passed constitutional carry in 2010
Before the bill was passed, open carrying of firearms was already legal in Arizona. The new law meant that anyone over the age of 21 who could legally possess a firearm could carry a concealed weapon without a permit. The bill also left the process to obtain a permit in place, so Arizona residents could still obtain permits to carry concealed weapons in other states or in establishments that serve alcohol.
Arizona is a "shall-issue" state, meaning that the Arizona Department of Public Safety will issue a Concealed Weapons Permit (CWP) to anyone who meets the requirements set forth in the law, including passing a firearms training course. Arizona offers resident and non-resident permits, and there is no permit, background check, or firearms registration required when buying a handgun from a private individual. The minimum age to purchase a handgun from a federally licensed dealer is 21.
While Arizona has permitless carry, there are some restrictions on where a person can carry a firearm. For example, schools and liquor stores that have posted "no weapons" signs do not allow firearms. Additionally, Arizona law requires individuals carrying a concealed weapon to notify a law enforcement officer during contact, such as during a traffic stop. Failure to do so or lying to the officer about a concealed weapon is considered weapons misconduct.
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Arizona is a shall-issue state
Arizona is a "shall-issue" state, meaning that it is a permitless carry state. In Arizona, a person over the age of 21 who can legally possess a firearm may carry a concealed firearm without a license or permit. This legislation was signed into law by Arizona governor Jan Brewer on April 16, 2010, and took effect on July 29, 2010. Arizona was the second state to pass this legislation, after Alaska in 2003.
The process to obtain a permit has been left in place, so Arizona residents can obtain permits to carry concealed weapons in other states or in restaurants or bars that serve alcohol. Arizona offers resident and non-resident permits, with the latter only being honored in Arizona. There is no permit, background check, or firearms registration required when buying a handgun from a private individual. However, the minimum age to purchase a handgun from a private individual is 18, while the minimum age to purchase a handgun from a federally licensed dealer is 21. Open carry is legal in Arizona for anyone over the age of 18 who can legally possess a firearm, although some areas are off-limits, including schools and liquor stores that have posted "no weapons" signs.
Arizona's "shall-issue" status has been the subject of some controversy. Some have argued that this legislation weakens gun laws and makes it easier for people to carry firearms without proper training or permits. On the other hand, supporters of the legislation argue that it upholds the Second Amendment right to bear arms and removes restrictions on an individual's ability to defend themselves.
In recent years, there has been a notable surge in the number of states adopting constitutional carry or permitless carry laws, with over half of U.S. states currently embracing these policies. This trend indicates a growing movement towards less restrictive gun laws in many parts of the country.
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Arizona has no gun storage law
Arizona passed a constitutional carry law in 2010, allowing individuals over the age of 21 to carry a concealed weapon without a permit. While Arizona has some laws regarding the transportation and storage of firearms in motor vehicles, there is no specific gun storage law in the state. This means that gun owners in Arizona are not legally required to store their firearms in a particular manner, such as in a locked container or with a gun lock.
Arizona is a "shall-issue" state, which means that the Department of Public Safety will issue a concealed weapons permit to anyone who meets the requirements, which do not include a permit, background check, or firearms registration. The minimum age to purchase a handgun from a private individual is 18 years old, while the minimum age to buy a handgun from a federally licensed dealer is 21. Open carry is legal in Arizona for anyone over the age of 18 who can legally possess a firearm, with some off-limits areas, including schools and liquor stores with posted "no weapons" signs.
The lack of a gun storage law in Arizona means that gun owners are not required to take specific precautions to prevent unauthorized access to their firearms. This could potentially lead to increased risks of accidental shootings, especially if children or other unauthorized users gain access to unsecured firearms. Additionally, without secure storage requirements, there may be a higher risk of gun theft, which could contribute to the illegal firearms market.
While Arizona does not have a specific gun storage law, there are some laws in place regarding the transportation and storage of firearms in motor vehicles. For example, if an employee is not required to store or transport a firearm as part of their job duties, the employer can prohibit the storage or transportation of firearms in company-owned or leased vehicles. Additionally, if a parking lot or garage is secured and provides temporary and secure firearm storage, the storage area must be monitored and allow for the immediate retrieval of firearms upon exiting the premises.
In summary, while Arizona has a constitutional carry law and permits both open and concealed carry of firearms without a permit, it does not have a specific gun storage law. This means that gun owners are not legally required to store their firearms in a secure manner, which could potentially lead to safety risks and contribute to the illegal firearms market. However, there are some laws in place regarding the transportation and storage of firearms in motor vehicles, depending on the specific circumstances.
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Arizona has no Red Flag law
Arizona is a shall-issue, permitless carry state, with concealed weapons permits issued at the state level by the Department of Public Safety. There is no permit, background check, or firearms registration required when buying a handgun from a private individual. Arizona's gun laws allow anyone over the age of 21 who can legally possess a firearm to carry a concealed weapon without a permit. Open carry is also legal in Arizona for anyone over the age of 18 who can legally possess a firearm. Arizona has no red flag law, which would allow police or concerned family members to petition a judge to confiscate firearms from individuals deemed to be a danger to themselves or others.
In 2019, the National Rifle Association (NRA) ghostwrote an opinion piece for local sheriffs to submit to the local press, stating their opposition to red flag legislation in Arizona. The NRA has continued to work to defeat or weaken red flag bills introduced in state legislatures. Arizona's mental health gun laws align with federal laws, and the state prohibits gun sales to individuals found guilty by a court, except insane, incompetent, or a danger to themselves or others.
As of May 2023, 21 states and the District of Columbia have enacted some form of red flag law. The specifics of these laws vary from state to state. For example, some states allow family members to petition for the removal of firearms, while others require a warrant or an immediate medical assessment before the petition goes to a judge. Red flag laws are believed to help prevent mass shootings and suicides, with a 2019 study finding that they can play a role in preventing mass shootings. However, opinions differ on the effectiveness of these laws, with a 2023 review by the RAND Corporation concluding that there was inconclusive evidence of their effect on firearm suicides.
While Arizona has no red flag law, it is important to note that the state does have laws in place to address mental health concerns related to gun ownership. As previously mentioned, Arizona prohibits gun sales to individuals found guilty by a court due to mental health issues. Additionally, as of December 2018, an estimated 36,000 people in Arizona have had their firearm permits denied due to mental health concerns.
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Arizona has no magazine capacity restrictions
Arizona passed constitutional carry or permitless carry in 2010. On April 16, 2010, Arizona governor Jan Brewer signed the Senate Bill 1108 into law, which came into effect on July 29, 2010. The law eliminated the requirement to obtain a permit to carry a concealed weapon in Arizona for those 21 and older.
Arizona is a shall-issue, permitless carry state with concealed weapons permits issued at the state level by the Department of Public Safety. There is no magazine capacity restriction in Arizona. Arizona offers resident and non-resident permits. The process to obtain a permit was left in place so that Arizona residents could still obtain permits to carry concealed weapons in other states or to carry in restaurants or bars that serve alcohol. The open carrying of firearms was already legal before the passage of the bill.
To obtain a concealed weapons permit in Arizona, an individual must be at least 21 years old or 19 years old for active military and veterans. A firearms training course that has been state-approved is also required, although there are training exemptions. The minimum age to purchase a handgun from a federally licensed dealer is 21. Open carry is legal in Arizona for any person who is at least 18 years old and who can legally possess a firearm. Some areas are off-limits, including schools and liquor stores that have posted “no weapons” signs.
Arizona is one of 29 states with constitutional carry or permitless carry laws. Sixteen of these 29 states, or 55 percent, have adopted constitutional carry or permitless carry in the last five years. Over the last two decades, more than 50 percent of U.S. states have passed laws allowing for constitutional carry or permitless carry.
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Frequently asked questions
Arizona passed constitutional carry in 2010.
Constitutional carry means that a person does not need to obtain any type of permit or license to legally carry a gun.
The minimum age to carry a gun in Arizona is 18 years old. However, to carry a concealed weapon, one must be at least 21 years old.
Yes, open carry is permitted in Arizona for individuals 18 years of age or older. However, some public places restrict open carry.
Yes, there are some restrictions on where one can carry a gun in Arizona. For example, schools and establishments or events with "no weapons" signs posted do not allow guns.
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