Openly carrying a gun in public makes many people nervous. Openly carrying a firearm puts people on alert and may make them feel threatened or fearful for their and others’ safety. At the same time, individuals have a constitutional right to own and carry a firearm. Thirty-one states, including Arizona, allow the open carrying of a gun without any license or permit. The open carry of a gun is a hotly contested issue in the U.S. Are restrictions placed on who can carry and where you can carry a gun? Here is where the state of Arizona stands on the subject.

The Second Amendment Right

The Second Amendment grants all citizens the right to keep and bear arms for legal purposes. Since the passage of the amendment, states across the country have challenged the Second Amendment’s protection of an individual’s right to bear arms. In the District of Columbia vs. Heller 2007 Supreme Court ruling, the court explained that “the right to bear arms is not unlimited giving citizens the right to carry any type of firearm in any manner whatsoever for whatever purpose.”

Forty-four states, including Arizona, have provisions in their state constitutions similar to the Second Amendment protecting the individual’ right to bear arms.

Gun laws in the U.S. regulate the sale, possession, and use of firearms and ammunition. Federal gun laws control access to guns. Additionally, all state governments have laws that regulate guns.

Do You Need a Permit or License to Carry a Gun in Arizona?

In most states, laws require authorities to issue a license to carry a gun if you complete the requisite training class, complete the paperwork forms, get fingerprinted and photographed, and pass a background check. While in most US states, you need to have a permit or license to carry a firearm, some states like Arizona, Alaska, Vermont, Wyoming, and a few others do not require any permit or licensing at all.

Are any individuals prohibited from keeping and carrying a firearm?

The Brady Handgun Violence Prevention Act prohibits the possession or carrying of firearms or ammunition by the following categories of people:

• Convicted felons
• Substance abuse addicts
• Individuals with a Mental illness
• Individuals that have been dishonorably discharged from the military.
• Individuals who renounce their U.S. citizenship
• Individual’s convicted of domestic violence or subject to a domestic violence restraining order

Arizona upholds the enforcement of the Brady Handgun Violence Act and additionally prohibits the following persons from purchasing, possessing, or carrying a firearm:

• An adjudicated delinquent for a felony
• Undocumented or nonimmigrant aliens traveling with or without documentation for business, pleasure, or education and who maintains a foreign residence abroad
• Any person who is a danger to himself or herself or others
• Any person who is persistently or acutely disabled according to a court order

Open carry of a firearm in public

While an individual’s right to possess and carry a firearm in public has not been specifically banned, numerous challenges to the law have been instituted at the federal and state level in the form of the passage of limitations and restrictions. As a result, the decision to issue permits to carry a firearm has been left to each state’s discretion. In Arizona, any person over 18 years old may openly carry a gun.

State “Gun Control ” laws vary considerably, with some states imposing more firearms restrictions than others. States also have “Right to carry” laws that either allow or prohibit an individual from carrying a concealed gun 21 years old.

Are there any locations where a firearm may not be carried?

While federal law does not prohibit the open carry of a gun, the Supreme Court ruled that firearms are prohibited in:

• Government buildings - courthouses, jails, prisons, “city hall” offices, state capitol buildings, etc.
• Military reservations - Military installations have their own rules.
• Nuclear facilities - Power plants, nuclear material processing pants, weapons labs, and nuclear research facilities.
• Airport secure zones - Any area between the security screening areas and the gates to the aircraft are restricted. In some cases, the entire airport terminal is off-limits to carrying a firearm.
• Airport secure zones - Any area between the security screening areas and the gates to the aircraft are restricted. In some cases, the entire airport terminal is off-limits to carrying a firearm.
• And other “sensitive places.”

Most states also prohibit carrying in:

• Bars, nightclubs, and restaurants
• Many states prohibit carrying a gun in any establishment serving liquor or the area of a business that sells alcohol.
• Colleges and universities may also prohibit the carrying of firearms.
• Hospitals - some hospitals prohibit the carrying of guns.

Additionally, privately-held businesses have the right to refuse to allow individuals to carry weapons on their premises as long as they provide prior notification to those individuals.

Are any types of firearms restricted?

All states limit a person’s ability to carry or possess certain types of weapons. Each state has laws that establish the types of weapons that are illegal to own or possess. Though the laws differ, the types of weapons prohibited tend to be very similar. Citizens are typically banned from having:

• Gas Guns
• Short-barreled shotguns
• Firearms with Silencers

The Federal government and Arizona have no law restricting assault weapons.

Are restrictions placed on the sale of guns?

According to federal law, firearms dealers must apply for and be issued a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
A dealer is required by federal law to adhere to the following after receipt of a license:

• Perform a background check for any unlicensed buyer of a firearm
• Keep records of all sales and purchases of firearms
• Reporting sales of multiple handguns or revolvers in any five consecutive day period to any unlicensed person
• Arizona, California, New Mexico, or Texas licensed dealers are required to report if any unlicensed person purchases more than two semiautomatic rifles within a five consecutive day period.
• Reporting of loss or theft of any firearm no longer than 48 hours of the disclosure of the theft or loss.

Arizona law does not require firearms dealers to obtain a state license. Arizona is not a NICS point of contact state and the law does not require firearms dealers to perform background checks before transfer of a firearm. As a result, in Arizona, firearms dealers must start the federally required background check by directly contacting the FBI.

CAN YOU HAVE A GUN IN ARIZONA WITH A CRIMINAL RECORD?

Arizona allows the purchase, possession, and carrying of a firearm, whether open or concealed, so long as you do not have a conviction record for a felony crime or domestic abuse. If your criminal record exists because of lesser crimes, Arizona does not restrict your right to purchase, possess, or carry a gun.

If you have received a criminal charge related to owning, carrying, or using a gun, you should strongly consider consulting with a criminal defense lawyer. The circumstances in each case are unique, and the laws vary in different states and localities. A lawyer experienced in gun laws and criminal defense can explain how the relevant laws applicable to your situation and the defenses you might have.