Arizona

Summary of State Firearms Law

Last updated June 28, 2010.

Overview

In its publication Gun Laws Matter: A Comparison of State Firearms Laws and Statistics, LCAV ranked each state based on a review of state laws in 25 different firearms-related policy areas.  Arizona ranked 50th out of 50 – having the weakest gun laws in the country. Among other things, Arizona does not:

• License or regulate firearms dealers;

• Prohibit the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Limit the number of firearms that may be purchased at one time; or

• Impose a waiting period on firearm purchases.

In addition, Arizona recently adopted a law that allows individuals to carry concealed firearms in public without a license or permit, and local governments in Arizona lack authority to regulate firearms or ammunition.

Statistics

Gun Deaths in Arizona

Arizona ranks 8th among the states in the rate of gun deaths per capita.  In 2007, 951 people died from firearm-related injuries in Arizona.¹

Crime Guns in Arizona

In 2007, Arizona ranked 11th among the states in terms of number of crime guns supplied to other states per capita.²

In 2009, 8,669 firearms were recovered in Arizona, and 6,108 were successfully traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these firearms, 4,997 were originally sold by gun dealers in Arizona.³

Number of Federally Licensed Firearms Dealers in Arizona

There are 1,201 federally licensed firearms dealers and pawnbrokers in Arizona.⁴

State "Right to Bear Arms"

Arizona’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Arizona has preempted most areas of local firearms regulation.  See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Similarly, Arizona prohibits possession of a firearm by any person who:

• Has been convicted of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored;

• Is at the time of possession serving a term of imprisonment in any correctional or detention facility;

• Is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis;

• 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, subject to certain exceptions; or

• Has been found to constitute a danger to himself or herself or others or to be persistently or acutely disabled or gravely disabled pursuant to court order, and whose right to possess a firearm has not been restored.⁵

Arizona also prohibits any person who was previously adjudicated delinquent for an offense that would be a felony if committed by an adult, from possessing, using or carrying a firearm within ten years from the date of his or her adjudication or release or escape from custody if the person was previously adjudicated for an offense that, if committed as an adult, would constitute:

• Burglary in the first degree;

• Burglary in the second degree;

• Arson;

• Any felony offense involving the use or threatening exhibition of a deadly weapon or dangerous instrument; or

• A “serious offense.”⁶

If a juvenile is adjudicated delinquent for an offense that if committed by an adult would be a misdemeanor, the court may prohibit the juvenile from carrying or possessing a firearm while the juvenile is under the jurisdiction of the department of juvenile corrections or the juvenile court.⁷

Restoration of firearm rights:  The time when a convicted felon or a person adjudicated delinquent may file for restoration of firearm rights depends on the seriousness of the offense; some felons and persons adjudicated delinquent are able to seek restoration as soon as two years after discharge from probation or imprisonment.⁸ In addition, in 2009, Arizona established a procedure through which a person who was found to constitute a danger to himself, herself, or others or to be persistently or acutely disabled or gravely disabled may have his or her right to possess a firearm restored.⁹

An emergency or final protective order against domestic violence may prohibit the defendant from possessing or purchasing a firearm for the duration of the order.¹⁰  For more information, see the section on Domestic Violence and Firearms below.

Arizona has no laws prohibiting the purchase or possession of firearms by persons with mental illness or drug or alcohol abusers, although federal purchaser prohibitions apply.

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

For information on the background check process used to enforce these provisions, see the Arizona Background Checks section.

Minimum Age to Purchase / Possess

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Arizona prohibits any person from selling or giving a firearm or ammunition or a toy pistol from which dangerous and explosive substances may be discharged to a person under age 18 without written consent of the minor’s parent or legal guardian.¹¹

Arizona law prohibits an unemancipated person under age 18 from knowingly carrying or possessing a firearm on his person, within his immediate control, or in or on a means of transportation, 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).  This prohibition does not apply if the minor is accompanied 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.¹²

Arizona places no additional age restrictions on the purchase or possession of handguns, although federal age restrictions still apply.

Domestic Violence & Firearms

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

Firearm Prohibitions for Domestic Violence Misdemeanants

Arizona only prohibits possession of a firearm by a person convicted of a domestic violence offense while the person is serving a term of probation for that conviction.¹³  A “domestic violence offense” is defined as one of certain offenses committed where:

• The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household;

• The victim and the defendant have a child in common;

• The victim or the defendant is pregnant by the other party;

• The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law;

• The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant;

• The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship, as determined by a set of factors.¹⁴

Federal law also prohibits the purchase and possession of firearms and ammunition by certain domestic misdemeanants.

Firearm Prohibitions and Notifications for Persons Subject to Domestic Violence Protective Orders

Arizona law authorizes a court that is issuing a protective order against domestic violence (as defined above) to prohibit the defendant from possessing or purchasing a firearm for the duration of the order if the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons.¹⁵

A court may issue an ex parte emergency order of protection against domestic violence if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent incident of actual domestic violence. If the court finds that the defendant may inflict bodily injury or death on the plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for the duration of the emergency order.¹⁶

Federal law also prohibits the purchase and possession of firearms and ammunition by persons subject to certain domestic violence protection orders, although the federal law does not extend to ex parte orders.

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

In Arizona, if a court that is issuing a final domestic violence protective order (not an emergency order) prohibits the defendant from possessing a firearm, the court must also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within 24 hours after service of the order.¹⁷ Arizona law also does not explicitly authorize the court to direct law enforcement to remove firearms from an abuser when a protective order is issued.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

In Arizona, a peace officer arresting someone at the scene of a domestic violence incident may question the persons who are present to determine if a firearm is present.¹⁸ On learning or observing that a firearm is present, the peace officer may temporarily seize the firearm if it is in plain view or was found pursuant to a consensual search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. The peace officer must give the owner a receipt indicating the firearm’s serial number or other identifying characteristic. The firearm must be held for at least 72 hours by the law enforcement agency that seized it.¹⁹

Disarming Prohibited Persons

Arizona has no laws requiring the disarmament of persons prohibited from possessing firearms, except when a court issues an eligible domestic violence protective order.

Sales & Transfers

Background Checks

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Arizona is not a point of contact state for the NICS.  Arizona has no law requiring firearms dealers to initiate background checks prior to transferring a firearm.  As a result, in Arizona firearms dealers must initiate the background check required by federal law by contacting the FBI directly.²⁰

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.²¹ As a result, concealed weapon permit holders in Arizona are exempt from the federal background check requirement when purchasing a handgun.²² (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.)

Arizona does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.  See Regulating Guns in America:  Private Sales.

Mental Health Reporting

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”²³ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

Arizona has no law requiring the reporting of mental health information to NICS, although an Arizona law requires courts to grant access to certain mental health information to the Arizona Department of Public Safety (“DPS”) in order “to comply with the requirements of [Arizona laws relating to weapons].”  More specifically, if a person has been found, as a result of a mental disorder, to constitute a danger to self or others or to be persistently or acutely disabled or gravely disabled and the court enters an order for treatment, the court must grant access to the person's name, date of birth, social security number and date of commitment to DPS for this stated purpose.²⁴

For general information on the background check process and categories of prohibited purchasers or possessors, see the Arizona Background Checks section and the section entitled Arizona Prohibited Purchasers Generally.

Multiple Purchases / Sales of Firearms

Arizona imposes no restrictions on purchases or sales of multiple firearms. See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Arizona has no laws requiring the retention of sales or background check records by firearm sellers. Pawnbrokers are required to maintain at their place of business records of all reportable transactions and pawn tickets for at least two years.²⁵ On proper request by a local law enforcement agent, the pawnbroker must allow the agent to inspect the receipts, pawn tickets or required firearms logs or review any article received by pledge, purchase or trade.²⁶

An Arizona law enacted in 2010 prohibits a political subdivision from requiring or maintaining a record in any form, whether permanent or temporary, including a list, log or database, of any identifying information of a person who purchases, sells or transfers a firearm, unless the transaction involves a federally licensed firearms dealer, or the record is required or maintained in the course of a law enforcement investigation.²⁷

No political subdivision of Arizona may "require the licensing or registration of firearms or ammunition or any firearm or ammunition components. . . ."²⁸ Similarly, another provision, which prohibits the transfer of firearms to minors, states that nothing within the provision shall be construed to require firearm sales reporting, nor shall registration of firearms or firearm sales be required.²⁹

Waiting Periods

Arizona has no law imposing a waiting period prior to purchase of a firearm. See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

Gun Dealers & Other Sellers

Dealer Regulations

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. 

Arizona has no law requiring firearms dealers to obtain a state license. Firearms dealers are only subject to state laws governing gun sales generally. 

For laws requiring dealers to conduct a background check on prospective firearm purchasers, see the Arizona Background Checks section.

Private Sales

Arizona has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer, although no person may knowingly sell or transfer a deadly weapon to a prohibited possessor.³⁰ Arizona has no other laws regulating the manner in which guns are sold.

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

Gun Shows

Arizona has no laws explicitly regulating gun shows. See the Arizona Private Sales section for state laws that may apply to all gun sales. See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Immunity Statutes

Arizona prohibits political subdivisions of the State from bringing civil actions for damages against manufacturers or sellers of non-defective firearms or component parts of firearms or ammunition when the civil action results from the criminal or unlawful misuse of a such products by a third party. This rule does not prevent actions against persons convicted of knowingly transferring a firearm illegally by a party directly harmed by this conduct.³¹   

Arizona provides an affirmative defense to any civil liability or claim for equitable relief arising from noise or noise pollution from an outdoor shooting range that is in compliance with Arizona law.³²

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

On April 16, 2010, Arizona’s governor signed into law a bill that allows any individual age 21 or over to carry a firearm concealed on his or her person in public without a license or permit.³⁷ (Prior Arizona law required concealed weapon holders to apply for a permit, pass a background check, and obtain firearms safety training.) The only requirement is that the person must accurately answer if a peace officer, who is detaining the person based on reasonable suspicion of an offense, asks whether he or she is carrying a concealed weapon.³⁸  

Nevertheless, as described below, Arizona’s permitting system remains in place, and a permit is required to carry a firearm into a bar or restaurant that serves alcohol.  Holders of Arizona concealed weapons permits are also allowed to carry concealed weapons in some other states, and an Arizona concealed weapons permit exempts the holder from the federal requirement of a background check prior to purchase of a firearm.

For those who seek concealed weapons permits for these purposes, Arizona is a "shall issue" state.   The Arizona Department of Public Safety ("DPS") must issue a permit to carry a concealed weapon if the applicant:

• Is an Arizona resident or United States citizen;

• Is age 21 or older;

• Is not under indictment for and has not been convicted in any jurisdiction of a felony;

• Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution;

• Is not unlawfully present in the United States; and

• Satisfactorily completes one of numerous kinds of firearms safety training programs, as described below.³⁹

DPS must revoke or suspend a permit if the holder has become ineligible.⁴⁰

Firearm Safety Training

Arizona’s 2010 law regarding the carrying of concealed weapons eliminated the specific requirements for the content of firearms safety training courses.⁴¹ (Prior Arizona law required the course to address, among other things, legal issues relating to the use of deadly force, and the safe handling and storage of weapons.) An applicant for a concealed weapons permit may now demonstrate competence with a firearm through any one of the following:

• Completion of any firearms training program that the Department of Public Safety deems acceptable;

• Completion of any hunter education or hunter safety course approved by the Arizona Game and Fish Department or a similar agency of another state;

• Completion of any National Rifle Association firearms safety or training course;

• Evidence of current military service or proof  of honorable discharge or general discharge under honorable conditions from the United States Armed Forces;

• A valid current or expired concealed weapon, firearm or handgun permit or license issued by another state or a political subdivision of another state  that has a training or testing requirement for initial issuance; or

• Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.⁴²

         Disclosure or Use of Information

Arizona does not allow the personal application or permit information of concealed weapons permit holders to be made public.⁴³ DPS does, however, maintain a computerized permit record system that is accessible to criminal justice agencies who may use it to determine the permit status of a person who claims to hold a valid permit in Arizona only if the agency or other entity 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 investigatory stop.  This information and any other records that are maintained regarding applicants, permit holders, or firearms safety instructors are not available to any other person or entity except by order from a state or federal court.⁴⁴

DPS is also required to maintain information comparing the number of permits requested, issued, and denied, and must report these figures annually to the governor and the legislature.⁴⁵

          Duration & Renewal

A concealed weapons permit is valid for five years.⁴⁶ Permits are renewable for five-year periods, but applicants must undergo a new criminal history record check.⁴⁷

Reciprocity

Arizona recognizes concealed weapon, firearm, or handgun permits or licenses issued by other states if the permit or license is recognized as valid in the issuing state, and the permit or license holder:

• Is legally present in Arizona; and

• Is not legally prohibited from possessing a firearm in Arizona.⁴⁸

However, even when these requirements are met, the person with a concealed weapons permit from another state may not carry a concealed weapon in Arizona if the person is under 21 years of age, or is under indictment for, or has been convicted of, a felony in any jurisdiction, unless the conviction has been expunged, set aside or vacated, or the person’s rights have been restored.⁴⁹

Arizona law requires the Department of Public Safety to enter into a written reciprocity agreement with another state only if that state requires the agreement for establishing mutual permit or license recognition.⁵⁰

Brady Exemption

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.⁵¹  As a result, holders of Arizona concealed weapons licenses are exempt from the federal background check requirement.⁵² (Note however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.)  

Open Carrying

Arizona does not prohibit the open carrying of firearms in public.⁵³  In addition, in 2009, Arizona enacted a law explicitly authorizing the “defensive display of a firearm,” in certain situations.⁵⁴

Location Restrictions

Guns in Vehicles

Arizona’s 2010 law regarding the carrying of concealed weapons eliminated the requirement of a concealed weapons permit for a person who carries a concealed weapon within his or her immediate control in or on a means of transportation in Arizona.⁵⁵ The person must be age 21 or older, and the person must accurately answer if a peace officer, who is detaining the person based on reasonable suspicion of an offense, asks whether he or she is carrying a concealed weapon.⁵⁶ However, even these requirements do not apply to a weapon carried in 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.⁵⁷

Arizona enacted a law in 2009 that limits property owners’ ability to prevent the presence of firearms in parking lots on their properties.  According to the new law, a property owner, tenant, public or private employer or business entity may not establish, maintain, or enforce a policy or rule that prohibits lawfully transporting or storing a firearm in a locked motor vehicle or in a locked compartment on a motorcycle, so long as the firearm is not visible from the outside.⁵⁸

Guns in Schools

See LCAV’s policy page on Guns in Schools for a comprehensive discussion of this issue.

Arizona prohibits the possession of a firearm on the grounds of any public or nonpublic kindergarten program, common school or high school, except for use in a program approved by the school.⁵⁹  However, an adult may carry an unloaded firearm within a means of transportation on school grounds, provided that if the adult leaves the means of transportation, the firearm must not be visible from the outside, and the means of transportation must be locked.⁶⁰  In addition, the governing board of a school district must prescribe and enforce policies and procedures prohibiting weapons on school grounds without specific authorization from the school administrator.⁶¹

Arizona administrative regulations govern the possession of firearms on the grounds of state colleges and universities.⁶²

Other Location Restrictions

Arizona law generally prohibits the possession of a firearm on the premises of a licensed bar or a restaurant that serves alcohol.⁶³  Employees of the business are prohibited from knowingly allowing prohibited possession of a firearm on the premises.⁶⁴ In 2009, Arizona enacted a law allowing concealed weapons permit holders to carry handguns into the premises of a licensed bar or restaurant that serves alcohol unless the alcohol licensee has posted a sign that clearly prohibits the possession of weapons on the licensed premises. The sign must meet certain requirements.⁶⁵ The new law also prohibits anyone, even a concealed weapons permit holder, from consuming alcohol while in possession of a firearm on the premises of this kind of business.⁶⁶  

Arizona law also prohibits possession of a firearm:

• In an election polling place on the day of any election;⁶⁷

• On the person or within the immediate control of any person in a nuclear or hydroelectric generating station;⁶⁸

• In any "public establishment," or while attending any "public event," after a reasonable request to remove the weapon and place it in the custody of the operator of the establishment or sponsor of the event for temporary and secure storage.⁶⁹ "Public establishment" means a structure, vehicle or craft owned, leased or operated by the state or a political subdivision.⁷⁰ "Public event" means an event of limited duration conducted by a public entity or a private entity with a permit or license granted by a public entity;⁷¹ or

•  On the grounds of a jail or correctional facility or a secure care facility under the jurisdiction of the Department of Juvenile Corrections.⁷²

State administrative regulations may prohibit the carrying of firearms in additional locations.

Consumer & Child Safety

Design Safety Standards for Handguns

Arizona does not specifically regulate junk guns or unsafe firearms. See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

Locking Devices

Arizona does not generally require firearm owners to possess or use locking devices.  However, in order to be listed with Arizona’s child care resource and referral system, an unlicensed child care provider must separately store firearms and ammunition under lock and key or combination lock.⁷³ State administrative regulations may also govern the storage of firearms in a number of other locations. See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Personalized / Owner-Authorized Firearms

Arizona does not require firearms to be personalized. See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

Child Access Prevention

See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Arizona law makes a parent or guardian of a person under age 18 jointly and severally liable for the fine imposed or any civil damages resulting from a minor’s use of a firearm in certain situations.⁷⁴ This rule only applies if the minor knowingly and without the company of a proper adult, carried or possessed a firearm on his or her person, within his or her immediate control, or in or on a means of transportation:

• In any place that is open to the public;

• 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.

The parent or guardian is only liable if he or she knew or reasonably should have known that the minor was carrying or possessing the firearm as described above, and he or she made no effort to prevent it.⁷⁵

Classes of Weapons / Ammunition

Assault Weapons

Arizona has no law regulating assault weapons. See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Arizona has no law regulating large capacity ammunition magazines. See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Arizona has no law regulating fifty caliber rifles. See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

Arizona includes machine guns in the definition of “prohibited weapon,” and prohibits anyone from knowingly manufacturing, possessing, transporting, selling, or transferring a prohibited weapon.  However, this rule does not apply if the machine gun is registered pursuant to federal law or has been classified as a curio or relic by the U.S. treasury department.⁷⁶ Federal law generally allows machine guns to be registered so long as they were manufactured prior to May 19, 1986. See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

Arizona has no law restricting non-powder guns. See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Ammunition Regulation

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Arizona law generally prohibits anyone from giving or selling ammunition to a person under age 18 without written consent of the minor's parent or legal guardian.⁷⁷ 

Arizona does not:

• Require a license for the sale of ammunition;

• Require a license to purchase or possess ammunition;

• Require sellers of ammunition to maintain a record of the purchasers;

• Prohibit persons who are ineligible to possess firearms under state law from possessing ammunition, although federal ammunition purchaser prohibitions apply; or

• Prohibit armor-piercing and other unreasonably dangerous ammunition, although federal prohibition on certain kinds of armor-piercing ammunition applies.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Arizona has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Arizona does not specifically regulate firearms trafficking. Arizona prohibits defacing a deadly weapon or possessing a defaced deadly weapon knowing that it was defaced.⁷⁸  A pawnbroker may not enter into any pawn transaction or good faith outright purchase of a firearm that has the manufacturer’s serial number removed, altered or obliterated.⁷⁹ 

State Links

Arizona Attorney General

Arizonans for Gun Safety

Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division (AZ, NM)

Arizona Department of Health Services

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007 (2010), at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2009: Arizona, at http://www.atf.gov/statistics/download/trace-data/2009/2009-trace-data-arizona.pdf.

^4. Federal firearms licensee totals for Nebraska as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

^5. Ariz. Rev. Stat. §§ 13-3102(A)(4) and 13-3101(A)(7). Ariz. Rev. Stat. § 13-904(A)(5) also states that a conviction for a felony suspends the person’s right to possess a gun or firearm. A person who is adjudicated delinquent under Ariz. Rev. Stat. § 8-341 for a felony also does not have the right to carry or possess a gun or firearm. Ariz. Rev. Stat. § 13-904(H).Unless he or she is otherwise authorized by law, a person is guilty of a class 2 felony if he or she knowingly conveys a firearm to a person confined in a correctional facility. Ariz. Rev. Stat. § 13-2505. Such persons are prohibited from possessing firearms. Id. The same is true of persons confined in a secure care facility under the jurisdiction of the department of juvenile corrections. Ariz. Rev. Stat. § 13-2514.

^6. Ariz. Rev. Stat. § 13-3113.  “Serious offense” is defined in Ariz. Rev. Stat. § 13-706.

^7. Ariz. Rev. Stat. § 8-341(R).

^8. Ariz. Rev. Stat. §§ 13-105(13), 13-905(C), 13-906(C), 13-909(C), 13-910(C), 13-912.01.

^9. 2009 Ariz. ALS 145 § 1 (codified as Ariz. Rev. Stat. § 13-925).

^10. Ariz. Rev. Stat. §§ 13-3602(G)(4), 13-3624(D)(4).

^11. Ariz. Rev. Stat. § 13-3109(A). Ariz. Rev. Stat. § 1-215(22) defines “minor” as a person under 18. The prohibition under Ariz. Rev. Stat. § 13-3109(A) does not apply to the temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, or competition coaches or their assistants, 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. Ariz. Rev. Stat. § 13-3109(C). 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. Id.

^12. Ariz. Rev. Stat.§ 13-3111(A). This prohibition also does not apply to a person who is 14 to 17 years of age and who is:

• Engaged in lawful hunting or shooting events or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited;

• Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting;

• 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 a shooting event or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited; or

Engaged in an activity requiring the use of a firearm that is related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities. Ariz. Rev. Stat. § 13-3111(B).

^13. Ariz. Rev. Stat. §§ 13-3101(A)(7)(d), 13-3102(A)(4).

^14. Ariz. Rev. Stat. § 13-3601.

^15. Ariz. Rev. Stat. § 13-3602(G)(4).

^16. Ariz. Rev. Stat. § 13-3624.

^17. Ariz. Rev. Stat. § 13-3602(G)(4).

^18. Ariz. Rev. Stat. § 13-3601(C)-(F).

^19. Id. A peace officer must then notify the victim before the firearm is released from custody. If there is reasonable cause to believe that returning a firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor must file in a court a notice of intent to retain the firearm. The notice must state that the firearm will be retained for no more than six months following the seizure. The owner may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court must hold the hearing within ten days after the request. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court must order the return of the firearm. Id.

^20. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^21. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d).

^22. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law:  Permanent Brady Permit Chart at:  http://www.atf.gov/firearms/brady-law/permit-chart.html.

^23. 18 U.S.C. § 922(d)(4).

^24. Ariz. Rev. Stat. § 36-540(N).

^25. Ariz. Rev. Stat. § 44-1624(G).

^26. Id. Furthermore, pawnbrokers must produce their register, exhibit all articles received in pledge or purchase, or produce the account of sales to a local law enforcement agency on the agency’s request, or on service of a search warrant or order issued by a judge or magistrate. Ariz. Rev. Stat. § 44-1624(H).

^27. 2010 Ariz. ALS 327.

^28. Ariz. Rev. Stat § 13-3108(B).

^29. Ariz. Rev. Stat. § 13-3109.

^30. Ariz. Rev. Stat. § 13-3102(A)(5).

^31. Ariz. Rev. Stat. § 12-714(A) states that "[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court." "Qualified civil liability action" is defined as "a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party." Ariz. Rev. Stat. § 12-714(C)(2). This does not include an action brought against a transferor convicted under 18 U.S.C. § 924(h) or Ariz. Rev. Stat. § 13-3102(A)(14) by a party directly harmed by the conduct of which the transferee is convicted. Ariz. Rev. Stat. § 12-714(C)(2). Under Ariz. Rev. Stat. § 12-714(C)(3), "qualified product" means a non-defective firearm as defined in 18 U.S.C. § 921(a)(3) or non-defective ammunition as defined in 18 U.S.C. § 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. "Seller" includes a person who, in the course of a business conducted for that purpose, is involved in placing a qualified product in the stream of commerce. Ariz. Rev. Stat. § 12-714(C)(4). "Seller" also includes a person who repairs or maintains any aspect of a qualified product. Id.

^32. Ariz. Rev. Stat. § 17-605(A).

^33. Ariz. Rev. Stat § 13-3108(B).

^34. Ariz. Rev. Stat § 13-3108(B).

^35. Ariz. Rev. Stat. § 13-3109.

^36. 2010 Ariz. ALS 327.  The law also prohibits a political subdivision from requiring or maintaining a record in any form, whether permanent or temporary, including a list, log or database, of either of the following:

• 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 thereof for the purpose of establishing ownership of the weapon; or

• The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.

^37. 2010 Ariz. ALS 59.

^38. Ariz. Rev. Stat. § 13-3102(A)(1)(B), (M).

^39. Ariz. Rev. Stat. § 13-3112.  See Ariz. Rev. Stat. § 13-3112 and Arizona Administrative Code §§ 13-9-101—13-9-402 for additional application and background check requirements, as well as permit suspension or disqualification information.

^40. Ariz. Rev. Stat. § 13-3112(M).

^41. 2010 Ariz. ALS 59 § 4.

^42. Ariz. Rev. Stat. § 13-3112(N).

^43. Ariz. Rev. Stat. § 13-3112(J).

^44. Id.

^45. Ariz. Rev. Stat. § 13-3112(R).

^46. Ariz. Rev. Stat. § 13-3112(I).

^47. Ariz. Rev. Stat. § 13-3112(K).

^48. Ariz. Rev. Stat. § 13-3112(T).

^49. Ariz. Rev. Stat. § 13-3112(V).

^50. Ariz. Rev. Stat. § 13-3112(U).

^51. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d).

^52. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law:  Permanent Brady Permit Chart (July 3, 2008), at: http://www.atf.gov/firearms/brady-law/permit-chart.html.

^53. See Ariz. Rev. Stat. § 13-3102(B)(3) (exempting visible weapons from Arizona’s meager restrictions on the carrying of firearms in public).

^54. 2009 Ariz. ALS 183 § 1 (codified as Ariz. Rev. Stat. § 13-421).

^55. 2010 Ariz. ALS 59 § 2 (to be codified as Ariz. Rev. Stat. § 13-3102(A)(2) and (H)).

^56. Ariz. Rev. Stat. § 13-3102 (A)(1)(B), (M).

^57. Ariz. Rev. Stat. § 13-3102(B)(3)(E).

^58. 2009 Ariz. ALS 177  (codified as Ariz. Rev. Stat. § 12-781). The property owner, tenant, public or private employer or business entity may, however, prohibit firearms in 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; and 3) provides temporary and secure firearm storage. The storage must be monitored and readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises. Id. Alternatively, the property owner, tenant, public or private employer or business entity may provide 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, so long as it does not charge an extra fee for such parking. Id.

^59. Ariz. Rev. Stat. § 13-3102(A)(12), (H), (L)(4).

^60. Ariz. Rev. Stat. § 13-3102(H).

^61. Ariz. Rev. Stat. § 15-341(A)(23).

^62. Ariz. Admin. Code § 7-4-102(3).

^63. Ariz. Rev. Stat. § 4-244(29). This rule does not apply to a person who is on licensed premises for a limited time in order to seek emergency aid and who does not buy, receive, consume or possess alcohol.

^64. Ariz. Rev. Stat. § 4-244(30).

^65. 2009 Ariz. ALS 175 §§ 2, 3 (codified as Ariz. Rev. Stat. §§ 4-229(A), (B), 4-244(29)(C), (30)(C))). A permit holder may nevertheless possess a handgun on the premises where a sign is posted to seek emergency aid, or determine whether a sign has been posted. Ariz. Rev. Stat. § 4-229(F). The law also provides affirmative defenses if:

• The person was not informed of the notice prior to the violation;

• The sign had fallen down at the time of the violation; or

• At the time of the violation, the sign had been posted for thirty days or less.

The department of liquor licenses and control prepares the signs and makes them available at no cost to licensees. Ariz. Rev. Stat. § 4-229(D). The sign must: (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". Ariz. Rev. Stat. § 4-229(A).  In addition, the sign must 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 must meet certain size requirements. Ariz. Rev. Stat. § 4-229(E). It is an affirmative defense to a violation if: (1) The person carrying the firearm was not informed of the notice, (2) At the time of the violation the notice had fallen down, (3) At the time of the violation the person was not a resident of this state, or (4) The licensee had posted the notice not more than thirty days before the violation. Ariz. Rev. Stat. § 4-229(C).

^66. 2009 Ariz. ALS 175 § 3 (codified as Ariz. Rev. Stat. § 4-244(31)).

^67. Ariz. Rev. Stat. § 13-3102(A)(11).

^68. Ariz. Rev. Stat. § 13-3102(A)(11).

^69. Ariz. Rev. Stat. § 13-3102(A)(10). Unless the operator or sponsor is licensed to manufacture, sell, or deal in liquor, the storage must be readily accessible on entry and allow for the immediate retrieval of the weapon on exit from the establishment or event. Ariz. Rev. Stat. § 13-3102.01.

^70. Ariz. Rev. Stat. § 13-3102(L)(2).

^71. Ariz. Rev. Stat. § 13-3102(L)(3).

^72. Ariz. Rev. Stat. §§ 13-2505, 13-2514, 31-129.

^73. Ariz. Rev. Stat. §§ 41-1967(E)(7), 41-1967.01(I).

^74. Ariz. Rev. Stat. § 13-3111(A), (F). Exceptions exist under certain circumstances if the minor was between the ages of 14 and 17. Ariz. Rev. Stat. § 13-3111(B).

^75. Id.

^76. Ariz. Rev. Stat. §§ 13-3101(A)(8)(iii), (B), 13-3102(A)(3).

^77. Ariz. Rev. Stat. §§ 1-215(22), 13-3109. This rule does not apply to the temporary transfer of ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants 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 the minor in hunting or formal or informal target shooting activities is also allowed. Id.

^78. Ariz. Rev. Stat. § 13-3102(A)(6), (7).

^79.  Ariz. Rev. Stat. § 44-1624(C).