Do you need a permit to carry a visible holstered 357 in Arizona?-Collection of common programming errors

2 years ago
admin
6 minutes
  • Open Carry The rules for open carry were quite simple in Arizona, when the laws meant what they said (described below) until the late 1990s. Then, several activist judges literally rewrote our laws from the bench, creating “law” that was never passed by the legislature and creating significant risks for the average armed resident. The new “test” for whether open carry is legal — not written in any law — now seems to be, if your gun is readily accessible for immediate use, the means of conveyance must reasonably place others on notice you’re armed. The phrases “readily accessible for immediate use,” “conveyance” and “reasonably place others on notice” are undefined inventions of the court; “conveyance” seems to imply holster, gun case or other device for carrying a firearm. The enacted statute applies to adults who are not prohibited from firearm possession. You may carry firearms, loaded or unloaded, throughout Arizona, subject to the following restrictions. If you carry a gun on yourself and don’t have a concealed-weapon permit, the statute says it must be at least partially visible or in a belt holster that’s at least partially visible. See §13-3102 for the letter of the law. The statute says you may also carry a gun in a case designed for carrying weapons or a scabbard, and the case or scabbard must be at least partially visible, or else carried in luggage. The simple, long-standing partially visible standard has now been reinterpreted by some courts to practically require blatant display, and they have invented other non-statutory conditions that place honest people bearing arms in jeopardy. Specifically, some judges may seek to increase your risk — not written in the law — if you’re on foot and your gun is readily accessible for immediate use (which a gun in a holster obviously is). Under statute, “immediately accessible” conditions only apply to vehicles, described below. In addition, the law does not define what a holster or weapon case is or looks like (common sense used to apply), but in 1995 an appellate court set a precedent by saying a fanny-pack holster does not qualify — it doesn’t look enough like a weapon case — without saying how much is enough. This created enormous risk for decent residents everywhere, and the court didn’t seem to mind. If you’re carrying openly but someone can’t immediately tell, you may be held in violation. Yes, that’s right, it’s confusing. Authorities and lower courts have been inconsistent in dealing with people who carry openly — from completely ignoring a person to court convictions — creating a substantial degree of risk, and who wants to be the next test case. The risk is pretty much eliminated, however, if you have a concealed-weapon permit, or if you carry openly in a manner so that people can’t mistake that you’re armed. There is a certain pride that Arizona is an open carry state — it reflects our pioneer sense of freedom. Indeed, many states have made it much harder to move a gun from point A to point B than it is here, where people are (or certainly used to be) free to take their firearms around pretty much as they see fit. But as anyone who has tried it knows, strapping on a six shooter in most metropolitan areas attracts so much attention that it serves as a heavy deterrent. Requiring open carry actually limits the practicality of traveling armed, in a modern society where being inconspicuous is the civilized norm. Unless you’re in costume or at a special event, many people just won’t wear a gun while out and about these days. This is less true however in smaller towns and rural areas, where finding people strolling around with sidearms is somehow less poignant, and certainly a more common sight. At any rate, you do see people from time to time, statewide, going about their affairs, openly bearing arms. Guns in Cars State law says you may carry a firearm, loaded or unloaded, anywhere in a car (or other means of transportation), in a case, holster, scabbard, pack or luggage, or if it is plainly visible (see the special rules concerning school grounds, and the test described under Open Carry, above). A gun may also be out of sight in a storage compartment, trunk or the glove compartment of the vehicle, without violating the statute. Without a concealed-weapon permit, it’s illegal to have an unholstered gun otherwise concealed and within immediate control of any person in a car or other means of transportation. Violation is a class 1 misdemeanor. See §13-3102 for the letter of the law.

    This rule causes a great deal of confusion because a gun may be concealed from sight in a car (in the glove box, for example) and still comply with the statute, even without a permit. In a holster, a gun may be concealed anywhere in a car (but not directly on yourself) and not violate the statute. The authorities, however, have been known to mistakenly ticket or arrest individuals, who must later learn their fate in a court, especially for a holstered gun under the seat, making this popular carrying spot a risky choice. An unholstered gun under the seat, or under a hat or a newspaper is a good way to go to jail. No one ever said that these laws make a lot of sense, or that they’re enforced fairly, just that they are the laws

  • No …however if you do…. plan on being stopped and harrassed by the local law enforcement officers, had that experience when i was there 2 years ago. But as I always say…My 2nd ammendment right IS my CWP. PERIOD.

  • Arthur, Let me suggest you do as I did when I visited Arizona and New Mexico a few years ago. Call the Attorney General’s Office and request information. When they answer, ask them to please mail or e-mail that opinion to you. I carried a gun the whole time I was in Arizona, and had a copy of the AG’s information in my pocket, same for New Mexico.

    Doc

  • No. I lived in Arizona for 15 years. Did open carry all the time before they started issuing concealed weapon permits and still did it sometimes after I got my permit. Never had a police officer say anything about it to me.

Originally posted 2013-11-09 21:10:32.