Frequently Asked Questions

Correct, but there are a few privileges that having a CCW affords you over just exercising Constitutional Carry rights in Arizona.

1. Firstly, in regards to state law, the only exception granted to CCW holders is they are allowed to carry in places that serve liquor, provided that they don’t drink, the establishment has not prohibited firearms and they have their CCW with them at the time. (ARS 4-244 Paragraphs 29-31, ARS 4-229)

2. Federal Law allows those who are licensed by the state, e.g. CCW Permit Holders, to carry on public property, roads, or sidewalks within the 1000 foot School Zone perimeter, but State Law still prohibits carry on the school grounds itself. ‘School Grounds’ includes the parking lot, which there are provisions for transporting and storing an unloaded firearm in the parking lot. (18 U.S.C Section 921, ARS 13-3102)

3. According to The ATF, those with a valid AZ CCW are exempt from having to complete a “Brady Check” Background Check with NICS when purchasing a firearm from a dealer. A valid AZ CCW Permit is accepted by the ATF as an alternative to the NICS Check. Your FFL may or may not require a background check, they can accept your CCW instead, but they don’t have to. This is not a privilege afforded to all Concealed Carry permits from every state, so cherish it. (https://www.atf.gov/content/firearms/firearms-industry/permanent-brady-permit-chart)

4. Reciprocity with other states. There are 34 or so states that hold the AZ permit as valid within their borders, provided you also follow their laws on carry. So, with an AZ CCW you can carry in 34 other states, as long as you follow their laws. (http://www.azdps.gov)

5. Simply having a CCW promotes the idea that you are a responsible gun owner, that you know and respect the laws. It’s not unheard of for a cop to let people off with a warning, or a judge to show favor in a case, to someone with a CCW.

6. Further, while taking a legitimate class from vetted instructors isn’t required by law, it’s highly recommended. Learning the ins and outs of use of force laws and other legal concerns while carrying is very important and has the potential to keep you out of getting into hot water in the first place.

• Be a resident of this state or a United States citizen;- be 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, United States Armed Forces Reserve or a State National Guard.
• Not be under indictment for a felony offense;- not be convicted of a felony offense, unless the conviction has been expunged, set aside, vacated or pardoned, or the individuals right to possess firearms has be restored AND the individual must not be a prohibited possessor under state or federal law.
• Not suffer from mental illness and been adjudicated mentally incompetent or committed to a mental institution;
• Not be unlawfully present in the United States;
• Complete a firearms safety training program pursuant to A.R.S. 13-3112.N.
• Submit an application with fingerprints and proof of firearms proficiency (typically a class certificate) to the Department of Public Safety.

Generally, you can carry a firearm anywhere in Arizona except the following places:

• Any Private Property Where Posted to Prohibit (ARS 13-1502)
• Government Buildings or Government Sponsored Events where posted, or when requested to leave. (ARS 13-3102(A)(10))
• Businesses Serving Alcohol for Consumption on Premises who have posted signs (ARS 4-229).
• Polling Places on Election Day (ARS 13-3102(A)(11))
• School Grounds (with some exceptions) (ARS 13-3102(A)(12) ARS 13-3102(I))
• Commercial Nuclear or Hydroelectric Generating Stations (ARS 13-3102(13))
• Military Installations (18 U.S. Code § 930)
• Indian Reservations (Sovereign Nations, with their own laws)
• Casinos (ARS 5-601.02)
• Jails & Correctional Facilities (ARS 31-129)
• Federal Buildings (18 U.S. Code § 930)
• Airports (In or Beyond Security Checkpoint) (ARS 13-3119)

We go into greater detail on the exceptions and rules for all of these places in the book.

ARS 13-3102 states a person must be at least twenty-one years old to conceal a deadly weapon like a firearm, and also includes certain exceptions, like if they are on property they lease or own, or that their parents or grandparents lease or own.

ARS 13-3111 imposes certain restrictions and exceptions on minors (age 17 and lower), from carrying or possessing. Also notice it’s not an outright ban and contains exceptions for hunting and sport shooting at ranges and the likes.

ARS 13-3101 defines who a prohibited person is. Age is not a factor in this definition, it only mentions factors like being a convicted felon, or a fugitive, etc.

Given the law says a person must be 21 to conceal, and those under 18 have certain restrictions: it’s concluded that those who are 18-20 can legally open carry and possess a handgun, provided they are not otherwise a prohibited posesssor.

Furthermore, on purchasing firearms, Arizona state law only regulates sales and gifts to minors in 13-3109. It’s not an outright ban, but there are some restrictions, namely you need written parental permission, with a few exceptions for coaches and instructors.

Federal law prohibits those with an FFL from selling handguns or handgun ammo to those under the age of 21.

“Q: Does a customer have to be a certain age to buy firearms or ammunition from a licensee? Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]”-ATF.gov Website

If one is not an FFL holder, and is otherwise allowed to own firearms, a resident of AZ can sell a handgun or other firearm to any resident of Arizona who is 18 years of age or older and whom they don’t believe to be a prohibited possessor, or any resident Arizona under 18 whom they have written parental permission and whom they don’t believe to be a prohibited possessor.

We recommend supporting your local shooting range or using established, designated shooting areas. If you do choose to recreated in the desert or woods you must know whose land you are one. This mapping system will tell you that.

http://gis.azland.gov/webapps/parcel/

From there you can research the various rules concerning the land you are on, wether or not it’s allowed or what restrictions there may be.

Target shooting is not allowed on state trust land, tribal lands are sovereign nations so unless you have written permission, I just wouldn’t. 8/10 firearms the tribes seize, are from tresspassing target shooters.

Discharging a firearm in city limits is a felony. (ARS 13-3107)

Littering is a crime. (ARS 13-1603)

Pay attention to fire bans. ( ARS 13-2913)

Don’t shoot rocks with pictures on them. (ARS 13-3702)

Don’t shoot nature wildlife. ( ARS 3-908 and ARS 3-932)

You are 100% responsible for firearm safety while you are shooting in the desert. Make sure you have a safe back stop. This can be harder than you think; Are you 100% sure some guy on an ATV isn’t going to come rolling over that hill? Will bullets ricochet off those rocks? Do you have a fire extinguisher? Water? First aid kit?

The better question would be, “When do I have no choice but to use deadly force?”.

There is a lot at stake when using deadly force. After all, your entire life is on the line! There is however much more to using a firearm in self-defense then just the “could you”. We cover those in greater detail in our book.

Let’s dive in!

“13-405. Justification; use of deadly physical force
A. 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.”(ARS 13-405, emphisis added)

Paragraph 1 basically says that in order to be eligible to use this section as a defense, you must also fulfill the elements of ARS 13-404.

So under the law we are required to:

1. Act reasonably, and
2. Only use deadly physical force when it is immediately necessary.
3. Deadly Force is only an option to defend innocent lives, not property.
4. You cannot have instigated or provoked the fight.
5. You cannot use more force than is reasonably necessary to stop the threat.

As usual, there is so much more to this question than what can be typed into an FAQ entry. Our book and classes go into great detail about this and many more topics.

Well, once you take a class and get fingerprinted and submit your application to the Department of Public Safety, they have 75 days to process your application and to issue the permit, or notify you of your denial.

You don’t. There is no registration in AZ, there is no option to register, there is no registry, and there is no way to register a firearm in AZ. Period.

In Fact, according to ARS 13-3108, its illegal for the state or any political subdivision of the state to register firearms.

“But what about the paperwork you fill out when you buy one at a gun store?”

That form is called a 4473. It’s essentially a background check authorization form. Yes, the firearms information and yours is recorded on the form, however, all 4473’s are kept by the FFL who performed the transfer for a period of 20 years. If the FFL expires before that time, then and only then will they send the 4473’s to the ATF. The only purpose for this it to track the firearm, from the manufacturer, through the line of distribution, to the first sale. This is only done in the event that the firearm was recovered at a crime scene and an ATF Trace is requested. Otherwise, the form will never leave the filing cabinet in the FFL’s shop. Nobody but the FFL has that information and they cannot share it unless a trace request is made by the ATF. [27 CFR 478.129(b)]

“Ok, so what about that phone call? Aren’t they calling the Fed’s?”

That’s an NICS Background check. It’s a call to the FBI National Instant Criminal Background Check System. The FFL gives them your identifying information, and they are either told “Proceed”, “Denied”, Or “Delayed”. Information regarding the firearm being transferred is not given, nor recorded. That’s it. Furthermore, according to FOPA (Firearm Owners Protection Act of ’86) it’s illegal for them to record such information.[18 U.S.C. 926]

“What about the ATF Form 3310.4 Report of Multiple Sale of Pistols or Revolvers?”

This form is filled out in addition to a 4473 when two or more handguns are sold to the same individual in a five-business day period. Three copies are made. The first is sent to the ATF’s Tracing Center and filed away. This can be searched for using the serial number of the firearms to fast-track the trace process. The ATF believes that if an individual purchases more than one handgun in such a quick time that they may be conducting straw purchases. Hence the reporting to fight illegal straw purchases. The second is sent to the state or local police force, I’m sure that the Sheriff’s Office simply puts it in a box and sets them in a dark room somewhere. Then the third copy is kept by the FFL with the 4473. They are only required to be kept for 5 years. [27 CFR 478.126a and 478.129]

*Note: Obviously this exempts National Firearms Act (NFA) Firearms like Machine Guns, Short Barreled Rifles, Short Barreled Shotguns, and Silencers. NFA firearms must be registered and tax stamps paid when transferred between individuals and trusts. (26 U.S.C. § 5841)