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Arizona Gun Laws

last updated: February 9, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://www.azleg.state.az.us/arizonarevisedstatutes.asp?.

Arizona Constitution, Article 2, Section 26

The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.

TITLE 4 - ALCOHOLIC BEVERAGES

CHAPTER 2 - Regulations And Prohibitions

§4-229 - (2014) Licenses; handguns; posting of notice
  1. A person may carry a concealed handgun on the premises of a licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. The sign shall conform to the following requirements:
    1. Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises.
    2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm.
    3. Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229".
  2. A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted the notice prescribed in subsection A of this section.
  3. It is an affirmative defense to a violation of subsection B of this section if:
    1. The person was not informed of the notice prescribed in subsection A of this section before the violation.
    2. Any one or more of the following apply:
      1. At the time of the violation the notice prescribed in subsection A of this section had fallen down.
      2. At the time of the violation the person was not a resident of this state.
      3. The licensee had posted the notice prescribed in subsection A of this section not more than thirty days before the violation.
  4. The department of liquor licenses and control shall prepare the signs required by this section and make them available at no cost to licensees.
  5. The signs required by this section shall be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall consume a space at least six inches by nine inches. The letters constituting the words "no firearms allowed" shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch. Nothing shall prohibit a licensee from posting additional signs at one or more locations on the premises.
  6. This section does not prohibit a person who possesses a handgun from entering the licensed premises for a limited time for the specific purpose of either:
    1. Seeking emergency aid.
    2. Determining whether a sign has been posted pursuant to subsection A of this section.

TITLE 12 - COURTS AND CIVIL PROCEEDINGS

CHAPTER 6 - Special Actions And Proceedings By Individual Persons

Article 18 - Firearms Storage and Transportation

§12-781 - Transportation or storage of firearms; motor vehicles; applicability
  1. A property owner, tenant, public or private employer or business entity shall not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is both:
    1. In the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle.
    2. Not visible from the outside of the motor vehicle or motorcycle.
  2. Any policy or rule that is established or maintained or the attempted enforcement of any policy or rule that is in violation of subsection A is contrary to public policy, is null and void and does not have legal force or effect.
  3. This section does not apply if:
    1. The possession of the firearm is prohibited by federal or state law.
    2. The motor vehicle is owned or leased by a public or private employer or business entity and is used by an employee in the course of the employment, unless the employee is required to store or transport a firearm in the official discharge of the employee's duties or if the public or private employer or business entity consents to the transportation or storage of the firearm.
    3. The property owner, tenant, public or private employer or business entity provides a parking lot, parking garage or other area designated for parking motor vehicles, that:
      1. Is secured by a fence or other physical barrier.
      2. Limits access by a guard or other security measure.
      3. Provides temporary and secure firearm storage. The storage shall be monitored and readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.
    4. The property owner's, tenant's, public or private employer's or business entity's compliance with this section necessitates the violation of another applicable federal or state law or regulation.
    5. The property owner, tenant, public or private employer or business entity is a nuclear generating station that provides a secured and gated or fenced parking lot, parking garage or other area designated for parking motor vehicles and provides temporary and secure firearm storage. The storage shall be readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.
    6. The parking lot, parking garage or other area designated for parking motor vehicles is on an owner occupied single family detached residence or a tenant occupied single family detached residence.
    7. The property owner, tenant, public or private employer or business entity is a current United States department of defense contractor and the property is located in whole or in part on a United States military base or a United States military installation. If any part of the property is not located on the United States military base or United States military installation, the property shall be contiguous with the base or installation.
    8. The property owner, tenant, public or private employer or business entity provides alternative parking in a location reasonably proximate to the primary parking area for individuals who desire to transport or store a firearm in the individual's motor vehicle and does not charge an extra fee for such parking.

TITLE 13 - CRIMINAL CODE

CHAPTER 4 - Justification

§13-402 - Justification; execution of public duty
  1. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.
  2. The justification afforded by subsection A also applies if:
    1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
    2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
§13-403 - Justification; use of physical force

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

  1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.
  2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.
  3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.
  4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.
  5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:
    1. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or
    2. The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
  6. A person may otherwise use physical force upon another person as further provided in this chapter.
§13-404 - Justification; self-defense
  1. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.
  2. The threat or use of physical force against another is not justified:
    1. In response to verbal provocation alone; or
    2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or
    3. If the person provoked the other's use or attempted use of unlawful physical force, unless:
      1. The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and
      2. The other nevertheless continues or attempts to use unlawful physical force against the person.
§13-405 - Justification; use of deadly physical force
  1. A person is justified in threatening or using deadly physical force against another:
    1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
    2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
  2. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
§13-406 - Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

§13-407 - Justification; use of physical force in defense of premises; definition
  1. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
  2. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.
  3. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
§13-408 - Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

§13-409 - Justification; use of physical force in law enforcement

A person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist:

  1. A reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape.
  2. Such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained.
  3. A reasonable person would believe the arrest or detention to be lawful.
§13-410 - Justification; use of deadly physical force in law enforcement
  1. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
    1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
    2. A felon who has escaped from lawful confinement; or
    3. A felon who is fleeing from justice or resisting arrest with physical force.
  2. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
  3. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:
    1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
    2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
      1. Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
      2. Is attempting to escape by use of a deadly weapon.
      3. Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.
      4. Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
  4. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.
§13-411 - Justification; use of force in crime prevention; applicability
  1. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
  2. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.
  3. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
  4. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.
§13-412 - Duress
  1. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.
  2. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.
  3. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.
§13-413 - No civil liability for justified conduct

No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.

§13-417 - Necessity defense
  1. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct.
  2. An accused person may not assert the defense under subsection A if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct.
  3. An accused person may not assert the defense under subsection A for offenses involving homicide or serious physical injury.
§13-418 - Justification; use of force in defense of residential structure or occupied vehicles; definitions
  1. Notwithstanding any other provision of this chapter, a person is justified in threatening to use or using physical force or deadly physical force against another person if the person reasonably believes himself or another person to be in imminent peril of death or serious physical injury and the person against whom the physical force or deadly physical force is threatened or used was in the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered, a residential structure or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the residential structure or occupied vehicle.
  2. A person has no duty to retreat before threatening or using physical force or deadly physical force pursuant to this section.
  3. For the purposes of this section:
    1. "Residential structure" has the same meaning prescribed in section 13-1501.
    2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
§13-419 - Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions
  1. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.
  2. For the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.
  3. The presumptions in subsections A and B of this section do not apply if:
    1. The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.
    2. The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.
    3. The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.
    4. The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.
  4. For the purposes of this section:
    1. "Residential structure" has the same meaning prescribed in section 13-1501.
    2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
§13-420 - Attorney fees; costs

The court shall award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any civil action based on conduct otherwise justified pursuant to this chapter if the defendant prevails in the civil action.

§13-421 - Justification; defensive display of a firearm; definition
  1. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.
  2. This section does not apply to a person who:
    1. Intentionally provokes another person to use or attempt to use unlawful physical force.
    2. Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03.
  3. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.
  4. For the purposes of this section, "defensive display of a firearm" includes:
    1. Verbally informing another person that the person possesses or has available a firearm.
    2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.
    3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.

CHAPTER 9 - Probation And Restoration Of Civil Rights

§13-904 - Suspension of civil rights and occupational disabilities
  1. A conviction for a felony suspends the following civil rights of the person sentenced:
    1. The right to vote.
    2. The right to hold public office of trust or profit.
    3. The right to serve as a juror.
    4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public.
    5. The right to possess a gun or firearm.
  2. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.
  3. A person sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if such person was not convicted and sentenced.
  4. The conviction of a person for any offense shall not work forfeiture of any property, except if a forfeiture is expressly imposed by law. All forfeitures to the state, unless expressly imposed by law, are abolished.
  5. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions, nor shall a person whose civil rights have been restored be disqualified to engage in any occupation for which a license, permit or certificate is required to be issued by this state solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions or a person who has had his civil rights restored may be denied a license, permit or certificate to engage in an occupation by reason of the prior conviction of a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought.
  6. Subsection E of this section is not applicable to any law enforcement agency.
  7. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41, chapter 6 and title 12, chapter 7, article 6.
  8. A person who is adjudicated delinquent under section 8-341 for a felony does not have the right to carry or possess a gun or firearm.
§13-905 - Restoration of civil rights; persons completing probation
  1. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by the felony conviction restored by the judge who discharges him at the end of the term of probation.
  2. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which were lost or suspended by the felony conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally convicted. The clerk of the superior court shall have the responsibility for processing the application on request of the person involved or the person's attorney. The superior court shall serve a copy of the application on the county attorney.
  3. If the person was convicted of a dangerous offense under section 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in section 13-706 the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge from probation.
§13-906 - Applications by persons discharged from prison
  1. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally sentenced.
  2. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections. The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon request of the person involved, the person's attorney or a representative of the state department of corrections. The superior court shall serve a copy of the application on the county attorney.
  3. If the person was convicted of a dangerous offense under section 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in section 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.
§13-907 - (2015) Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions
  1. Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.
  2. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.
  3. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:
    1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.
    2. The game and fish commission pursuant to section 17-314 or 17-340.
  4. Notwithstanding section 13-905 or 13-906, if a judgment of guilt is set aside pursuant to this section, the person's right to possess a gun or firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.
  5. This section does not apply to a person who was convicted of a criminal offense:
    1. Involving a dangerous offense.
    2. For which the person is required or ordered by the court to register pursuant to section 13-3821.
    3. For which there has been a finding of sexual motivation pursuant to section 13-118.
    4. In which the victim is a minor under fifteen years of age.
    5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.
§13-908 - Restoration of civil rights in the discretion of the superior court judge

Except as provided in section 13-912, the restoration of civil rights and the dismissal of the accusation or information under the provisions of this chapter shall be in the discretion of the superior court judge by whom the person was sentenced or his successor in office.

§13-909 - Restoration of civil rights; persons completing probation for federal offense
  1. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by the felony conviction in a United States district court restored by the presiding judge of the superior court in the county in which the person now resides, on filing of an affidavit of discharge from the judge who discharged him at the end of the term of probation.
  2. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which were lost or suspended by the felony conviction restored by an application filed with the clerk of the superior court in the county in which the person now resides. The clerk of the superior court shall process the application on request of the person involved or the person's attorney.
  3. If the person was convicted of an offense which would be a dangerous offense under section 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in section 13-706 the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of the person's discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge from probation.
§13-910 - Applications by persons discharged from federal prison
  1. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment in a federal prison may have any civil rights which were lost or suspended by the conviction restored by the presiding judge of the superior court in the county in which the person now resides.
  2. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the federal bureau of prisons, unless it is shown to be impossible to obtain such certificate. Such application shall be filed with the clerk of the superior court in the county in which the person now resides, and such clerk shall be responsible for processing applications for restoration of civil rights upon request of the person involved or the person's attorney.
  3. If the person was convicted of an offense which would be a dangerous offense under section 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in section 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of the person's absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.
§13-911 - Restoration of civil rights in the discretion of the presiding judge of the superior court

The restoration of civil rights under provisions of sections 13-909 or 13-910 is within the discretion of the presiding judge of the superior court in the county in which the person resides.

§13-912 - Restoration of civil rights for first offenders; exception
  1. Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both:
    1. Completes a term of probation or receives an absolute discharge from imprisonment.
    2. Pays any fine or restitution imposed.
  2. This section does not apply to a person's right to possess weapons as defined in section 13-3101 unless the person applies to a court pursuant to section 13-905 or 13-906.
§13-912.01 - Restoration of civil rights; persons adjudicated delinquent
  1. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of the person's term of probation.
  2. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have the right to carry or possess a gun or firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or the judge's successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The applicant shall serve a copy of the application on the county attorney.
  3. If the person's adjudication was for a dangerous offense under section 13-704, a serious offense as defined in section 13-706, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of the right to possess or carry a gun or firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge.
§13-925 - (2014) Restoration of right to possess a firearm; mentally ill persons; petition
  1. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code section 922(d)(4) or (g)(4) to restore the person's right to possess a firearm.
  2. The person or the person's guardian or attorney may file the petition. The petition shall be served on the attorney for the state who appeared in the underlying case.
  3. On the filing of the petition the court shall set a hearing. At the hearing, the person shall present psychological or psychiatric evidence in support of the petition. The state shall provide the court with the person's criminal history records, if any. The court shall receive evidence on and consider the following before granting or denying the petition:
    1. The circumstances that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code section 922(d)(4) or (g)(4).
    2. The person's record, including the person's mental health record and criminal history record, if any.
    3. The person's reputation based on character witness statements, testimony or other character evidence.
    4. Whether the person is a danger to self or others or has persistent, acute or grave disabilities or whether the circumstances that led to the original order, adjudication or finding remain in effect.
    5. Any change in the person's condition or circumstances that is relevant to the relief sought.
    6. Any other evidence deemed admissible by the court.
  4. The petitioner shall prove by clear and convincing evidence both of the following:
    1. The petitioner is not likely to act in a manner that is dangerous to public safety.
    2. Granting the requested relief is not contrary to the public interest.
  5. At the conclusion of the hearing, the court shall issue findings of fact and conclusions of law.
  6. If the court grants the petition for relief, the original order, finding or adjudication is deemed not to have occurred for the purposes of applying section 13-3101, subsection A, paragraph 7, subdivision (a), Public Law 110-180, section 105(a) or 18 United States Code section 922(d)(4) or (g)(4) to that person.
  7. The granting of a petition under this section only restores the person's right to possess a firearm and does not apply to and has no effect on any other rights or benefits the person receives.
  8. The court shall promptly notify the supreme court and the department of public safety of an order granting a petition under this section. As soon thereafter as practicable the supreme court and the department shall update, correct, modify or remove the person's record in any database that the supreme court and the department maintains and makes available to the national instant criminal background check system consistent with the rules pertaining to the database. Within ten business days after receiving the notification from the court, the department shall notify the United States attorney general that the person no longer falls within the provisions of section 13-3101, subsection A, paragraph 7, subdivision (a) or 18 United States Code section 922(d)(4) or (g)(4).

CHAPTER 12 - Assault And Related Offenses

§13-1211 - Discharging a firearm at a structure; classification; definitions
  1. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.
  2. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.
  3. For the purposes of this section:
    1. "Nonresidential structure" means a structure other than a residential structure.
    2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.
    3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation.

CHAPTER 31 - Weapons And Explosives

§13-3101 - (2016) Definitions
  1. 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. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.
    6. "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 are or are 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.
    7. "Prohibited possessor" means any person:
      1. Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
      2. Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
      3. Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
      4. 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 4.1.
      5. Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
        1. Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
        2. Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
        3. Certain diplomats.
        4. Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
        5. Persons who have received a waiver from the United States attorney general.
      6. Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.
      7. Who is found guilty except insane.
    8. "Prohibited weapon":
      1. Includes the following:
        1. An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.
        2. A device that is designed, made or adapted to muffle the report of a firearm.
        3. A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
        4. A 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.
        5. An 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.
        6. A 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.
        7. A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.
        8. An improvised explosive device.
        9. Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (vi) or (viii) of this subdivision.
      2. Does not include:
        1. Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.
        2. Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.
        3. A device that is commercially manufactured primarily for the purpose of illumination.
    9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.
  2. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.
§13-3102 - (2014) Misconduct involving weapons; defenses; classification; definitions
  1. A person commits misconduct involving weapons by knowingly:
    1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
      1. In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or
      2. When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
    2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
    3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; 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 for temporary and secure storage of the weapon pursuant to section 13-3102.01; 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; or
    16. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
  2. Subsection A, paragraph 2 of this section shall not apply to:
    1. A person in his dwelling, on his business premises or on real property owned or leased by that person or that person's parent, grandparent or legal guardian.
    2. A member of the sheriff's volunteer posse or reserve organization who has received and passed firearms training that is approved by the Arizona peace officer standards and training board and who is authorized by the sheriff to carry a concealed weapon pursuant to section 11-441.
    3. A firearm that is carried in:
      1. A manner where any portion of the firearm or holster in which the firearm is carried is visible.
      2. A holster that is wholly or partially visible.
      3. A scabbard or case designed for carrying weapons that is wholly or partially visible.
      4. Luggage.
      5. A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
  3. Subsection A, paragraphs 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, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or
    4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
  4. Subsection A, paragraph 10 of this section shall not apply to an elected or appointed judicial officer in the court facility where the judicial officer works, except that the judicial officer shall comply with any rule or policy promulgated by the presiding judge of the superior court while in the court facility. For the purposes of this subsection, appointed judicial officer does not include a hearing officer or a judicial officer pro-tempore that is not a full-time officer.
  5. 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:
      1. 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 26 United States Code section 170(c) as a recipient of a charitable contribution; and
      2. 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.
  6. 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.
  7. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
  8. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (v), 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.
  9. 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.
    3. Firearm by a person who possesses a certificate of firearms proficiency pursuant to section 13-3112, subsection T and who is authorized to carry a concealed firearm pursuant to the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C).
  10. Subsection A, paragraphs 2, 3, 7 and 13 of this section shall not apply to commercial nuclear generating station armed nuclear security guards during the performance of official duties or during any security training exercises sponsored by the commercial nuclear generating station or local, state or federal authorities.
  11. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.
  12. If a law enforcement officer contacts a person who is in possession of a firearm, the law enforcement officer may take temporary custody of the firearm for the duration of that contact.
  13. Misconduct involving weapons under subsection A, paragraph 15 of this section is a class 2 felony. Misconduct involving weapons under subsection A, paragraph 9, 14 or 16 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 that violates 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 1, subdivision (a) of this section or subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (b) of this section or subsection A, paragraph 10 or 11 of this section is a class 1 misdemeanor. Misconduct involving weapons under subsection A, paragraph 2 of this section is a class 3 misdemeanor.
  14. For the purposes of this section:
    1. "Contacted by a law enforcement officer" means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.
    2. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
    3. "Public event" means a specifically named or sponsored event of limited duration that is 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.
    4. "School" means a public or nonpublic kindergarten program, common school or high school.
    5. "School grounds" means in, or on the grounds of, a school.
§13-3102.01 - Storage of deadly weapons; definitions
  1. If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove the weapon, the operator or sponsor shall provide temporary and secure storage. The storage shall be readily accessible on entry into the establishment or event and allow for the immediate retrieval of the weapon on exit from the establishment or event.
  2. This section does not apply to the licensed premises of any public establishment or public event with a license issued pursuant to title 4.
  3. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.
  4. For the purposes of this section, "public establishment" and "public event" have the same meanings prescribed in section 13-3102.
§13-3103 - Misconduct involving explosives; classification
  1. 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.
  2. Misconduct involving explosives is a class 1 misdemeanor.
§13-3104 - Depositing explosives; classification
  1. 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.
  2. Depositing explosives is a class 4 felony.
§13-3105 - Forfeiture of weapons and explosives
  1. On the conviction of any person for a violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by the person, the court shall order the article forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.
  2. On the conviction of any person for a violation of section 13-2904, subsection A, paragraph 6 or section 13-3102, subsection A, paragraph 1 or 8, the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.
  3. 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 within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.
§13-3106 - Firearm purchase in other states
  1. 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
  1. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
  2. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
  3. This section does not apply if the firearm is discharged:
    1. As allowed pursuant to chapter 4 of this title.
    2. On a properly supervised range.
    3. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure. For purposes of this paragraph, "take" has the same meaning prescribed in section 17-101.
    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.
  4. 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 any of the following:
      1. Operated 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.
      2. Approved by any agency of the federal government, this state or a county or city within which the range is located.
      3. Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.
§13-3108 - (2016) Firearms regulated by state; state preemption; violation; classification; definition
  1. Except as provided in subsection G 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, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.
  2. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories.
  3. A political subdivision of this state shall not require or maintain a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:
    1. Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon. The operator or sponsor shall store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor shall not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved.
    2. Except in the course of a law enforcement investigation, any identifying information of a person who owns, possesses, purchases, sells or transfers a firearm.
    3. The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.
  4. A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void.
  5. A political subdivision of this state shall not enact any ordinance, rule or regulation limiting the lawful taking of wildlife during an open season established by the Arizona game and fish commission unless the ordinance, rule or regulation is consistent with title 17 and rules and orders adopted by the Arizona game and fish commission. This subsection does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure. For the purposes of this subsection, "take" has the same meaning prescribed in section 17-101.
  6. This state, any agency or political subdivision of this state and any law enforcement agency in this state shall not facilitate the destruction of a firearm or purchase or otherwise acquire a firearm for the purpose of destroying the firearm except as authorized by section 13-3105 or 17-240.
  7. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to 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:
      1. Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
      2. Lawful transportation of an unloaded firearm for the purpose of lawful hunting.
      3. Lawful transportation of an unloaded firearm for the purpose of attending shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
      4. 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 regulation of commercial land and structures, including a business relating to firearms or ammunition or their components or a commercial shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not:
      1. 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 subdivision, 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.
      2. Authorize a political subdivision through a zoning ordinance to prohibit or otherwise regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on a private lot or parcel of land that is not open to the public on a commercial or membership basis.
      3. Authorize a political subdivision to regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on land that is used for agriculture or other noncommercial purposes.
    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 or prohibiting the discharge of firearms in parks and preserves except:
      1. As allowed pursuant to chapter 4 of this title.
      2. On a properly supervised range as defined in section 13-3107.
      3. In an area approved as a hunting area by the Arizona game and fish department. Any such area may be closed when deemed unsafe by the director of the Arizona game and fish department.
      4. To control 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 law enforcement officer of the political subdivision.
      6. As required by an animal control officer in performing duties specified in section 9-499.04 and title 11, chapter 7, article 6.
      7. 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.
  8. Any ordinance, regulation, tax or rule that is enacted by a political subdivision in violation of this section is invalid and subject to a permanent injunction against the political subdivision from enforcing the ordinance, regulation, tax or rule. It is not a defense that the political subdivision was acting in good faith or on the advice of counsel.
  9. If a court determines that a political subdivision has knowingly and wilfully violated this section, the court may assess a civil penalty of up to fifty thousand dollars against the political subdivision.
  10. If a court determines that a person has knowingly and wilfully violated this section while acting in the person's official capacity through enactment of any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy, the person may be subject to termination from employment to the extent allowable under state law.
  11. A person or an organization whose membership is adversely affected by any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy that is in violation of this section may file a civil action for declaratory and injunctive relief and actual damages against the political subdivision in any court of this state having jurisdiction over any defendant in the action. If the plaintiff prevails in the action, the court shall award both:
    1. Reasonable attorney fees and costs.
    2. The actual damages incurred not to exceed one hundred thousand dollars.
  12. A violation of any ordinance established pursuant to subsection G, paragraph 5 of this section is a class 2 misdemeanor unless the political subdivision designates a lesser classification by ordinance.
  13. For the purposes of this section, "political subdivision" includes a political subdivision acting in any capacity, including under police power, in a proprietary capacity or otherwise.

amended: 2013, Ch.141. s.1; 2016, Ch. 132, s.1.

§13-3109 - Sale or gift of firearm to minor; classification
  1. 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.
  2. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.
  3. 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
  1. 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.
  2. 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.
  3. Misconduct involving simulated explosive devices is a class 5 felony.
  4. For the purposes of this section, "simulated explosive device" means a simulation of a prohibited weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (i), (vi) or (viii) 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
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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 adjudicated delinquent for any other criminal conduct involving the use or exhibition of the deadly weapon.
  8. A person who violates subsection A is guilty of a class 6 felony.
§13-3112 - (2015) Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability
  1. 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 is required by section 4-229 or 4-244 to carry the permit. If the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit, the person shall present the permit for inspection to any law enforcement officer on request.
  2. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under section 13-3101, subsection A, paragraph 7 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.
  3. A permittee who carries a concealed weapon, who is required by section 4-229 or 4-244 to carry a permit and who fails to present the permit for inspection on the request of a law enforcement officer commits a violation of this subsection and is subject to a civil penalty of not more than three hundred dollars. The department of public safety shall be notified of all violations of this subsection and shall immediately suspend the permit. A permittee shall not be convicted of a violation of this subsection if the permittee produces to the court a legible permit that is issued to the permittee and that was valid at the time the permittee failed to present the permit for inspection.
  4. A law enforcement officer shall not confiscate or forfeit a weapon that is otherwise lawfully possessed by a permittee whose permit is suspended pursuant to subsection C of this section, except that a law enforcement officer may take temporary custody of a firearm during an investigatory stop of the permittee.
  5. 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 or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, the United States armed forces reserve or a state national guard.
    3. Is not under indictment for and has not been convicted in any jurisdiction of a felony unless that conviction has been expunged, set aside or vacated or the applicant's rights have been restored and the applicant is currently not a prohibited possessor under state or federal law.
    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. Has ever demonstrated competence with a firearm as prescribed by subsection N of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States. For the purposes of this paragraph, "adequate documentation" means:
      1. A current or expired permit issued by the department of public safety pursuant to this section.
      2. An original or copy of a certificate, card or document that shows the applicant has ever completed any course or class prescribed by subsection N of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class.
      3. An original or a copy of a United States department of defense form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection N, paragraph 5 of this section.
      4. An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection N, paragraph 6 of this section.
  6. 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, that the applicant has been furnished a copy of this chapter and chapter 4 of this title and that the applicant is knowledgeable about the provisions contained in those chapters. The applicant shall submit the application to the department with any documentation prescribed by subsection E of this section, two sets of fingerprints and a reasonable fee determined by the director of the department.
  7. 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.
  8. 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. For the purposes of this subsection, "receipt of the application" means the first day that the department has physical control of the application and that is presumed to be on the date of delivery as evidenced by proof of delivery by the United States postal service or a written receipt, which shall be provided by the department on request of the applicant.
  9. 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.
  10. 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 is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state. This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A criminal justice agency shall not use the computerized permit record system to conduct inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop.
  11. 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 permit renewal, the permit holder is not required to submit additional fingerprints.
  12. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety.
  13. 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.
  14. An applicant shall demonstrate competence with a firearm through any of the following:
    1. Completion of any firearms safety or training course or class that is available to the general public, that is offered by a law enforcement agency, a junior college, a college or a private or public institution, academy, organization or firearms training school and that is approved by the department of public safety or that uses instructors who are certified by the national rifle association.
    2. Completion of any hunter education or hunter safety course approved by the Arizona game and fish department or a similar agency of another state.
    3. Completion of any national rifle association firearms safety or training course.
    4. Completion of any law enforcement firearms safety or training course or class that is offered for security guards, investigators, special deputies or other divisions or subdivisions of law enforcement or security enforcement and that is approved by the department of public safety.
    5. Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces.
    6. A valid current or expired concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state and that has a training or testing requirement for initial issuance.
    7. Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.
    8. Completion of any other firearms safety or training course or class that is conducted by a department of public safety approved or national rifle association certified firearms instructor.
  15. 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.
  16. The director of the department of public safety shall adopt rules for the purpose of implementing and administering this section including fees relating to permits that are issued pursuant to this section.
  17. This state and any political subdivision of this state shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both:
    1. The permit or license is recognized as valid in the issuing state.
    2. The permit or license holder is all of the following:
      1. Legally present in this state.
      2. Not legally prohibited from possessing a firearm in this state.
  18. For the purpose of establishing mutual permit or license recognition with other states, the department of public safety shall enter into a written agreement if another state requires a written agreement.
  19. 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, unless that conviction is expunged, set aside or vacated or the person's rights have been restored and the person is currently not a prohibited possessor under state or federal law.
  20. 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; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law enforcement or prosecutorial agency shall issue to a qualified retired law enforcement officer who has honorably retired a photographic identification that states that the officer has honorably retired from the agency. A person who was a municipal, county or state prosecutor is deemed to meet the qualifications of 18 United States Code section 926C(c)(2). The chief law enforcement officer shall determine whether an officer has honorably retired and the determination is not subject to review. A law enforcement or prosecutorial agency has no obligation to revoke, alter or modify the honorable discharge photographic identification based on conduct that the agency becomes aware of or that occurs after the officer has separated from the agency. For the purposes of this subsection, "qualified retired law enforcement officer" has the same meaning prescribed in 18 United States Code section 926C.
  21. The initial and renewal application fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the concealed weapons permit fund established by section 41-1722.

Amended: 2015, C. 52, §1

§13-3113 - Adjudicated delinquents; firearm possession; classification

A person who was previously adjudicated delinquent for an offense that would be a felony if committed by an adult 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 13-706.
§13-3114 - Arizona manufactured firearms; regulation; definitions
  1. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.
  2. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
  3. The importation into this state of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, firearm accessory or ammunition manufactured in this state, does not subject the firearm, firearm accessory or ammunition to federal regulation.
  4. This section does not apply to:
    1. A firearm that cannot be carried and used by one person.
    2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.
    3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
    4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
  5. A firearm that is manufactured and sold in this state pursuant to this section shall have the words "made in Arizona" clearly stamped on a central metallic part such as the receiver or frame.
  6. For the purposes of this section:
    1. "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.
    2. "Generic or insignificant part" includes springs, screws, nuts and pins.
    3. "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.
§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
  1. A person commits misconduct involving body armor by knowingly wearing or otherwise using body armor during the commission of any felony offense.
  2. Misconduct involving body armor is a class 4 felony.
  3. 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
  1. 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.
  2. 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.
  3. The regulation of remote stun guns and authorized remote stun guns is a matter of statewide concern.
  4. A violation of:
    1. Subsection A, paragraph 1 is a petty offense.
    2. Subsection A, paragraph 2 is a class 4 felony.
  5. For the purposes of this section:
    1. "Authorized remote stun gun" means a remote stun gun that has all of the following:
      1. An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.
      2. A serial or identification number on all projectiles that are discharged from the remote stun gun.
      3. 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.
      4. 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.
§13-3118 - (2015) Possession or storage of firearms; restrictions prohibited; exceptions
  1. Except for the legislature, this state and any agency or political subdivision of this state shall not enact or implement any law, rule or ordinance relating to the possession, transfer or storage of firearms other than as provided in statute.
  2. This section does not prohibit:
    1. A state, county or municipal judicial department, law enforcement agency or prosecutorial agency from prohibiting a deadly weapon pursuant to section 13-3102, subsection A, paragraph 10.
    2. A political subdivision of this state from enacting any rule or ordinance requiring a business that obtains a secondhand firearm by purchase, trade or consignment to retain the firearm for a period of not more than ten days at its place of business or another storage location that is approved by the applicable law enforcement agency.
§13-3119 - Misconduct involving weapons in a secured area of an airport; classification; definitions
  1. A person commits misconduct involving weapons by intentionally carrying, possessing or exercising control over a deadly weapon in a secured area of an airport.
  2. This section does not apply to:
    1. A peace officer or a federally sworn officer while in the actual performance of the officer's duties.
    2. A member of the military forces of the United States or of any state of the United States in the actual performance of the member's official duties.
    3. An individual who is authorized by a federal agency in the actual performance of the individual's official duties.
    4. General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration.
    5. The lawful transportation of deadly weapons in accordance with state and federal law.
  3. A violation of this section is a class 1 misdemeanor.
  4. For the purposes of this section:
    1. "Deadly weapon" has the same meaning prescribed in section 13-105.
    2. "Secured area of an airport" means any area of an airport specified in an airport security program that is authorized and approved by the United States transportation security administration pursuant to 49 United States Code section 44903(h)(7)(F) and defined in 49 Code of Federal Regulations section 1540.5.
§13-3120 - Knives regulated by state; state preemption; definitions
  1. Except as provided in subsections C and D, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components in this state.
  2. A political subdivision of this state shall not enact any rule or ordinance that relates to the manufacture of a knife and that is more prohibitive than or that has a penalty that is greater than any rule or ordinance that is related to the manufacture of any other commercial goods.
  3. 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 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, a knife or any knife components at a rate that applies generally to other items of tangible personal property.
  4. This section does not prohibit a political subdivision of this state from regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.
  5. A political subdivision's rule or ordinance that relates to knives and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of this amendment to this section, is null and void.
  6. For the purposes of this section:
    1. "Knife" means a cutting instrument and includes a sharpened or pointed blade.
    2. "Political subdivision" includes any county, city, including a charter city, town, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, municipal corporation or special district or any other local public agency.
§13-3121 - (2014) Firearm transfers; chief law enforcement officer certification; notification; definitions
  1. If a chief law enforcement officer's certification is required by federal law or regulation for the transfer of a firearm, the chief law enforcement officer, within sixty days after receipt of a request for certification by an applicant, shall provide the certification if the applicant is not prohibited by law from receiving the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. If the chief law enforcement officer is unable to provide a certification as required by this section, the chief law enforcement officer shall notify the applicant, in writing, of the denial and the reason for this determination.
  2. The chief law enforcement officer of a law enforcement agency that has fifteen peace officers or fewer may refer an applicant who is requesting a certification pursuant to this section to the county sheriff. A county sheriff who receives a request for certification from a referred applicant shall provide the certification required by this section.
  3. Section 12-820.02 applies to a chief law enforcement officer who provides a certification pursuant to this section.
  4. This section does not apply to a county attorney or a tribal agency. This subsection does not prohibit a county attorney or a tribal agency from providing an applicant with a certification.
  5. A chief law enforcement officer is not required to provide a certification pursuant to this section that the officer knows is untrue but may not refuse to provide a certification that is based on a generalized objection to private persons or entities making, possessing or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.
  6. For the purposes of this section:
    1. "Certification" means the participation and assent that is required by federal law for the approval of an application to transfer or make a firearm.
    2. "Chief law enforcement officer" means any official that the bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification to make or transfer a firearm.
    3. >"Firearm" has the same meaning prescribed in 26 United states Code section 5845(a).
    4. "Proceeding" includes an ongoing criminal investigation that could result in the applicant being prohibited by law from receiving a firearm.

CHAPTER 40 - Crime Victims' Rights

§13-4441 - Right to be heard on a petition to restore the right to possess a firearm; notice
  1. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant to section 13-925 to restore the defendant's right to possess a firearm.
  2. If the victim has made a request for postconviction notice, the attorney for the state shall provide notice to the victim at least five days before the hearing.

TITLE 15 - EDUCATION

CHAPTER 7 - Instruction

Article 1 - Curriculum

§15-713 - Training in use of bows or firearms; instruction materials; certification of instructors; cooperating agencies
  1. The Arizona game and fish department may provide training in the safe handling and use of bows or firearms and safe hunting practices, in conjunction with the common schools and high schools of the state when the schools request the training.
  2. The Arizona game and fish department may prescribe courses of study, approve instruction materials, certify instructors for training programs conducted by private organizations or public agencies and issue certificates of completion of the required course of study.
  3. To carry out the purposes of the training program authorized by this section and section 15-714, the Arizona game and fish department may cooperate with other agencies and private organizations.
§15-714 - Eligibility for training in use of bows or firearms
  1. Training courses may be offered on a voluntary basis pursuant to section 17-245.
  2. The courses held for students in the common schools and high schools shall be elective only, and attendance in such classes shall not be considered in computing a school district's student count.
§15-714.01 - Arizona gun safety program course
  1. In addition to the voluntary training in the use of bows and firearms prescribed in sections 15-713 and 15-714, any school district or charter school may offer as an elective course a one semester, one credit course in firearm marksmanship that shall be designated as the Arizona gun safety program course.
  2. A pupil shall be deemed to have satisfactorily completed the Arizona gun safety program course by demonstrating that the pupil has the ability to safely discharge a firearm as defined in section 13-3101.
  3. The course of instruction prescribed in this section shall be jointly developed by the Arizona game and fish commission, the department of public safety and private firearms organizations and may include materials provided by private youth organizations. At a minimum, the Arizona gun safety program course shall include each of the following:
    1. Instruction on the rules of firearm safety.
    2. Instruction on the basic operation of firearms.
    3. Instruction on the history of firearms and marksmanship.
    4. Instruction on the role of firearms in preserving peace and freedom.
    5. Instruction on the constitutional roots of the right to keep and bear arms.
    6. Instruction on the use of clay targets.
    7. Practice time at a shooting range.
    8. Actual demonstration by the pupil of competence with a firearm as defined in section 13-3101 by safely discharging the firearm at one or more targets.
  4. School districts and charter schools shall arrange for adequate use of shooting range time by pupils in the Arizona gun safety program course at any established shooting range.
  5. Pupils who satisfactorily complete the Arizona gun safety program course shall receive a certificate of accomplishment.
  6. A person who is currently certified as a firearms safety instructor by the Arizona game and fish department, the national rifle association, a federal, state or local law enforcement agency, a branch of the United States military, a federal agency, the reserve officer training corps, the junior reserve officer training corps or the civilian marksmanship program is qualified to teach the Arizona gun safety program course.
  7. Nothing in this section shall be construed to limit or expand the liability of any person under other provisions of law.

TITLE 26 - MILITARY AFFAIRS AND EMERGENCY MANAGEMENT

CHAPTER 2 - Emergency Management

Article 1 - General Provisions

§26-303 - (2015) Emergency powers of governor; termination; authorization for adjutant general; limitation
  1. During a state of war emergency, the governor may:
    1. Suspend the provisions of any statute prescribing the procedure for conduct of state business, or the orders or rules of any state agency, if the governor determines and declares that strict compliance with the provisions of any such statute, order or rule would in any way prevent, hinder or delay mitigation of the effects of the emergency.
    2. Commandeer and utilize any property, except for firearms or ammunition or firearms or ammunition components or personnel deemed necessary in carrying out the responsibilities vested in the office of the governor by this chapter as chief executive of the state and thereafter the state shall pay reasonable compensation therefor as follows:
      1. If property is taken for temporary use, the governor, within ten days after the taking, shall determine the amount of compensation to be paid therefor. If the property is returned in a damaged condition, the governor, within ten days after its return, shall determine the amount of compensation to be paid for such damage.
      2. If the governor deems it necessary for the state to take title to property under this section, the governor shall then cause the owner of the property to be notified thereof in writing by registered mail, postage prepaid, and then cause a copy of the notice to be filed with the secretary of state.
      3. If the owner refuses to accept the amount of compensation fixed by the governor for the property referred to in subdivisions (a) and (b), the amount of compensation shall be determined by appropriate proceedings in the superior court in the county where the property was originally taken.
  2. During a state of war emergency, the governor shall have complete authority over all agencies of the state government and shall exercise all police power vested in this state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
  3. The powers granted the governor by this chapter with respect to a state of war emergency shall terminate if the legislature is not in session and the governor, within twenty-four hours after the beginning of such state of war emergency, has not issued a call for an immediate special session of the legislature for the purpose of legislating on subjects relating to such state of war emergency.
  4. The governor may proclaim a state of emergency which shall take effect immediately in an area affected or likely to be affected if the governor finds that circumstances described in section 26-301, paragraph 15 exist.
  5. During a state of emergency:
    1. The governor shall have complete authority over all agencies of the state government and the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
    2. The governor may direct all agencies of the state government to utilize and employ state personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency. The governor may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services in order to provide for the health and safety of the citizens of the affected area.
  6. The powers granted the governor by this chapter with respect to a state of emergency shall terminate when the state of emergency has been terminated by proclamation of the governor or by concurrent resolution of the legislature declaring it at an end.
  7. No provision of this chapter may limit, modify or abridge the powers vested in the governor under the constitution or statutes of this state.
  8. If authorized by the governor, the adjutant general has the powers prescribed in this subsection. If, in the judgment of the adjutant general, circumstances described in section 26-301, paragraph 15 exist, the adjutant general may:
    1. Exercise those powers pursuant to statute and gubernatorial authorization following the proclamation of a state of emergency under subsection D of this section.
    2. Incur obligations of one hundred thousand dollars or less for each emergency or contingency payable pursuant to section 35-192 as though a state of emergency had been proclaimed under subsection D of this section.
  9. The powers exercised by the adjutant general pursuant to subsection H of this section expire seventy-two hours after the adjutant general makes a determination under subsection H of this section.
  10. Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.
  11. Nothing in this section shall be construed to prohibit the governor, the adjutant general or other officials responding to an emergency from ordering the reasonable movement of stores of ammunition out of the way of dangerous conditions.

TITLE 38 - PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 8 - Public Safety Officers

Article 1 - Law Enforcement Officers

§38-1113 - (2015) Carrying of firearms by peace officers; exceptions; definitions
  1. Notwithstanding any other law and except as provided pursuant to subsection C of this section, a peace officer shall not be prohibited from carrying a firearm if the peace officer is in compliance with the firearm requirements prescribed by the Arizona peace officer standards and training board.
  2. Notwithstanding any other law and except as provided pursuant to subsection C, paragraphs 1, 2, 4, 5, 6, 7 and 8 of this section, a retired peace officer shall not be prohibited from carrying a firearm.
  3. A peace officer or retired peace officer may be prohibited from carrying a firearm as follows:
    1. In a jail, correctional facility or juvenile detention facility.
    2. Except for peace officers acting in their official capacity and carrying official peace officer identification, by order of:
      1. The presiding judge or justice when attending any court that is established pursuant to the constitution of this state or title 12, except if the peace officer or retired peace officer is providing court security or responding to an emergency.
      2. A justice court when attending the justice court, except if the peace officer or retired peace officer is providing court security or responding to an emergency.
      3. A municipal court when attending the municipal court, except if the peace officer or retired peace officer is providing court security or responding to an emergency.
    3. When the peace officer is relieved of duty and is under a criminal or administrative investigation.
    4. When in a secured police facility.
    5. When consuming alcohol at a licensed liquor establishment, except if a peace officer's employing agency authorizes the consumption of alcohol in the performance of the peace officer's duties.
    6. In a location prohibited by federal law.
    7. Pursuant to court order.
    8. Pursuant to any state or federal law that makes the officer a prohibited possessor.
    9. When in the judgment of the department head, or the department head's designee, the peace officer exhibits any impairment, including any physical or mental impairment that would cause concern for the well-being and safety of the officer, the officer's law enforcement agency, law enforcement agency employees or the community.
  4. A law enforcement agency that employs a peace officer may establish rules that are consistent with this section. The law enforcement agency may determine the number, type, model, caliber and brand of firearm and the ammunition that is carried by its peace officers on or off duty.
  5. A presiding judge may establish rules or policies that are consistent with this section for the protection of the court.
  6. This section does not create any civil liability for acting or failing to act.
  7. For the purposes of this section:
    1. "Firearm" has the same meaning prescribed in section 13-105.
    2. "Peace officer" has the same meaning prescribed in section 1-215 and includes municipal, county and state prosecutors who annually pass a pistol qualifying examination approved by the arizona peace officer standards and training board for obtaining and maintaining peace officer certification requirements and that is conducted by an arizona peace officer standards and training board recognized instructor or a national rifle association certified firearms instructor.
    3. "Relieved of duty" means when a peace officer is no longer required to perform, either temporarily or permanently, the duties for which the officer was employed.
    4. "Retired peace officer" means a person who has honorably served as a law enforcement officer in the United States for at least ten consecutive years and who possesses a photographic identification or a letter from a law enforcement agency that states the person has served for at least ten consecutive years as a law enforcement officer in the United States.
    5. "Secured police facility" means a building or structure that is used primarily by a public agency and that is not accessible to the general public except by controlled access.

Amended: 2015, C. 52, §2

TITLE 41 - STATE GOVERNMENT

CHAPTER 4.1 - History, Archaeology And State Emblems

Article 5 - State Emblems

§41-860.02 - State firearm

The colt single action army revolver is the official state firearm.

CHAPTER 12 - Public Safety

Article 2 - Department of Public Safety

§41-1722 - (2014) Concealed weapons permit fund
  1. The concealed weapons permit fund is established consisting of fees collected pursuant to section 13-3112.
  2. The department shall administer the fund. Monies deposited in the fund are subject to legislative appropriation and must only be used by the department to administer the concealed weapons permit process established by section 13-3112 and all matters related to that section.
  3. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

TITLE 44 - TRADE AND COMMERCE

CHAPTER 36 - Private Firearm Transactions

Article 1 - General Provisions

§44-7851 - (2016) Definitions

In this chapter, unless the context otherwise requires:

  1. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases.
  2. "Private party" means a person who is not a prohibited possessor under state or federal law and does not include a person who possesses a federal firearms license and who primarily engages in the business of selling, trading or purchasing firearms.
  3. "Transfer" means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not a prohibited possessor under state or federal law.

Added: 2016, C. 84, §1

§44-7852 - (2016) Private party firearms transfer; state or political subdivision encumbrance prohibited

This state or any political subdivision of this state may not enact or implement any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited possessors under state or federal law.

Added: 2016, C. 84, §1