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Old December 9, 2008, 09:46 PM   #1
duckmart
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Arizona gun laws

I'm planning a trip to Arizona (from Ca.) and bring a sidearm for S/D. In Ca. you must have your handgun unloaded in the trunk in a locked container, ammo separated from the gun in the car. What are Arizona's laws reguarding handgun transportation while driving.? I believe that Arizona's laws are not as stupid as Ca., but not sure. Please advise.
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Old December 9, 2008, 09:52 PM   #2
A/C Guy
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Loaded in the glove box in a holster or case is legal.
Loaded sitting on the seat in plain view is legal.
Loaded in a holster NOT concealed is legal.

Never point it at anyone unless you are going to pull the trigger. They will arrest you for brandishing or pointing it at someone.
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Old December 9, 2008, 10:06 PM   #3
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Thanks for the info A/C, so loaded in a holster in the glove is fine, that's good news. Do you have to declair to the law that you have a handhgun in the glove if pulled over? Thanks
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Old December 9, 2008, 10:19 PM   #4
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only if they ask.

also, check www.arizonashooting.com if you want to chat with those of us from AZ.

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Old December 10, 2008, 01:16 AM   #5
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I spent 25 years in Tucson and YES, Arizona has much better laws than MOST States. As soon as my folks pass, and I hope it is a long time from now, I will return to Gods Country.
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Old December 10, 2008, 02:41 AM   #6
Frank Ettin
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Depending on how long you have before your trip you might want to consider getting a Utah or Florida permit. Either is recognized in Arizona and would allow you to carry concealed as well as openly. It's always nice to be able to conceal your gun if it's cold or raining and you want to wear a coat. Or you may want to arrange to take a CCW class in Arizona while you're there and qualify for your Arizona permit for next time. Some places also offer a class that will cover both Arizona and Utah.

I've carried openly in Arizona, but I now have Arizona, Utah and Florida permits, and I like the flexibility.
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Old December 10, 2008, 10:14 AM   #7
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It's been awhile since I looked it up since I have a permit and just conceal, but:

Quote:
Loaded in the glove box in a holster or case is legal.
Loaded sitting on the seat in plain view is legal.
Loaded in a holster NOT concealed is legal.
Not necessarily true.

Without a permit, the gun (when in the car with you) must not be concealed if in a readily operable state. If it's in a holster that covers the trigger guard and has a retention strap, it is not in a readily operable state. If it's only in a friction holster though or has the trigger exposed, it is readily operable.

When in a readily operable state and without a CCW permit, the weapon has to be readily visible for a reasonable observer. This means, if it were in a friction holster on the seat next to you and you were pulled over, the officer wouldn't see it as he came walking up behind your vehicle.

Best bet if you're pulled over is to put your weapon (in its holster) up on the dashboard of your car and keep your hands at 10 and 2 on the wheel.

Or, keep it unloaded and secured with your luggage.
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Old December 11, 2008, 09:39 AM   #8
A/C Guy
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To clarify what azredhawk posted:

The rule regarding keeping a loaded weapon in the glovebox requires a 2 step process to operate the firearm. Step one is opening the glovebox, step two is removal from a holster or a soft case. A holster that has an exposed trigger will not qualify as the second step since the weapon can be fired while in the holster.

Another option is with the mag loaded, but not inserted in the weapon. Then a holster or case is not required. Step one, open glovebox, step two insert mag into weapon.

As far as open carry on the seat, unless there is a map or other junk on the seat partially covering the weapon, it is legal to keep your loaded weapon on the seat; unless you are a jerk to the officer, then you may get some grief in return.

It is a bad idea to keep it on the dash and a worse idea to move to the dash during a traffic stop.
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Old December 11, 2008, 10:24 AM   #9
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Quote:
It is a bad idea to keep it on the dash and a worse idea to move to the dash during a traffic stop.
Interesting that you say that. Do you have a reason why?

Not trying to be argumentative, but a friend of mine is a Mesa police officer and suggested the dash as a good place to set a holstered & loaded weapon (with hands on steering wheel) in the event of a traffic stop. His premise was that it was in plain sight for the officer to see, as well as your hands.

I've since then gotten my permit and it's been a few years since this conversation with him, but it sounded like good advice at the time.
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Old December 11, 2008, 02:21 PM   #10
AZ Med18
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I am a medic and converse with many cops while working and I have about as many different responses to where a gun should be in a car. I have had some say that well if he has a ccw he is a good guy I let them keep it on them to I have them step out and remove it.

What I am trying to get at is that every cop has a different interpretation of the law. I would say consult the Maricopa attorneys office on the exact law and their interpretation.
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Old December 11, 2008, 04:34 PM   #11
uponthestair
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"It is a bad idea to keep it on the dash and a worse idea to move to the dash during a traffic stop."

Common sense alone has me agreeing with that.

The officer pulls up behind and watches carefully for any possible sign of hostile movement. And you've just visibly moved a handgun to within your reach on the dashboard. You've escalated a traffic stop to a possible life-threatening encounter.

Best bet. Leave it where it is. Keep your hands in the officer's view. Tell him where it is and ask for instructions.
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Old March 2, 2009, 05:23 PM   #12
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A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible.


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Old March 3, 2009, 01:37 AM   #13
Mike Irwin
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Proper place for this thread is Law and Civil Rights.
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Old March 4, 2009, 01:49 AM   #14
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Quote:
A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.
Arizona does not prohibit the passage of persons with firearms, so FOPA is not germane to this subject. FOPA would serve as a defense to someone traveling from Arizona to Oregon through California who gets charged with possession of an unlicensed firearm, but is not necessary for someone from CA going to AZ.
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Old March 4, 2009, 07:03 PM   #15
A/C Guy
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This is a very common misconception.

Quote:
Depending on how long you have before your trip you might want to consider getting a Utah or Florida permit. Either is recognized in Arizona and would allow you to carry concealed as well as openly.
Az does NOT recognize any out of state permits unless you are a resident of that state. Do not get a Utah non resident permit if you are not a resident of Utah; Az and other (not all) states will not honor it. This little known fact has gotten quite a few individuals into trouble.
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Old March 4, 2009, 07:10 PM   #16
A/C Guy
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Quote:
Quote:
It is a bad idea to keep it on the dash and a worse idea to move to the dash during a traffic stop.
Quote:
Interesting that you say that. Do you have a reason why?
Stuff on the dash has a tendency to slide around and land on the floor. Now it is a concealed weapon (on the floor = under the seat) Best to attach the holstered weapon to the middle seatbelt to keep the weapon secure in the event of a fender bender. Most officers do not like to see the driver move a firearm during the traffic stop; even if the driver is just moving to the dash.
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