Arizona Gun Owners Guide

Changes to Edition 16 that appear in Edition 17

In addition to these changes, layout and pagination changes have been made to accommodate text, and grammatical and other minor adjustments have been made. 

PAGE 
16 New paragraph "The Dreaded "§" Symbol" has been added. 
The character "§" means "section." You read it aloud (or to yourself) as "section" whenever it appears. Practically every chunk of law in America is called a section and has a section number, so you see this symbol a lot. It's an integral part of the written name for every statute on the books. A section may be just a few words or extremely long, and it may be amended by new laws. Criminal Code section thirteen thirty one oh two (§13-3102) is one of Arizona's main gun laws. 

The section "§" symbol intimidates many people and as such, is valuable for keeping the law mysterious and somehow unknowable to the general public. Don't let it scare you. Just think "section" whenever you see "§." To write a section symbol, make a capital "S" on top of another capital "S." Each section of Arizona gun law noted in the text is in Appendix D in numerical order. 

20 Disarming Violent Domestic Cases (new 1996 law). 
Domestic violence basically refers to crimes against children, or disorderly conduct, criminal damage, kidnap, trespass or assault among family members, as described in §13-3601. When domestic violence involves discharge, use or threatening display of a deadly weapon, the police are obliged to make an arrest. 

Beginning in 1996, in a domestic violence case, if a peace officer learns, by asking or observing, that a firearm is present, the officer may seize the weapon if it is in plain sight or was found with a consent to search.  The officer must also reasonably believe that the firearm poses a serious risk to the victim or another household member.  A firearm owned or possessed by the victim may not be seized unless there is probable cause to believe that both parties committed domestic violence. 

When seized, the peace officer must provide a detailed receipt, identifying each firearm taken. All such guns must be held by the agency that took them for at least 72 hours. Before a firearm may be released, the victim must be notified by a peace officer.  If there's reason to believe that returning a firearm would endanger the victim, the person who reported the threat, or another household member, the prosecutor must file a court order to retain the firearm for up to six months. §13-3601 describes how to appeal an order, and if successful, the firearms must be returned. Also as of 1996, under §13-3602, a court protection order can require confiscating all guns from a defendant, and prohibit any gun purchases while the order is in effect. 

22 In last paragraph, add that juvenile faces 10 year hiatus under §13-3113. 
A separate education statute (§15-841) says that possession, display or use of a firearm by a pupil is grounds for expulsion from school.  In addition, a person found to be delinquent loses the right to possess a firearm (§13-904), and cannot have one for at least ten years (§13-3113).  Federal juvenile regulations listed earlier, from the 1994 Violent Crime Control and Law Enforcement Act, are in addition to these state laws. 

24 §13-3108.01 has been renumbered §13-3114. 

26 Fanny pack holsters have been turned down by appellate court. 
Fanny-pack holsters and feminine-protection handbags for discreetly carrying firearms are widely available. While Arizona law allows carry in a belt holster or a case designed for carrying weapons as long as the holster or case is at least partially visible, it also prohibits concealed carry without a permit, which puts these popular modern holsters in a gray area. The law does not define what a holster or case is or looks like. In 1995 an appellate court set a precedent by saying a fanny pack holster doesn't qualify -- it doesn't look enough like a weapon carrier -- without saying how much is enough. State supreme court refused to review the case. 

Authorities and lower courts have been inconsistent in handling people who use these devices -- from ignoring a person to court convictions -- creating a substantial degree of risk, and who wants to be the next test case.  The risk is eliminated, however, if you have a concealed-weapon permit, which makes either device clearly acceptable. 

35 Juvenile Correctional Facilities are now called Secure Care Facilities; refined federal facilities entry: 

You can't have a gun in a federal facility, except while hunting or for other legal reason. You can't be convicted of this violation unless notices are conspicuously posted or you have actual notice. 

36 §15-507.01 has been renumbered §15-515. 

57 A new law, Shooting at a Structure, has been added. 

Shooting at a residential structure is a class 2 felony. At a non-residential structure it is a class 3 felony. See §13-1210 for the letter of the law. 

69 See 35. 

76 Domestic Violence includes a cross reference to Chap. 1. 

79 Forfeiture of arms (1st paragraph) includes the arms limitations set by the new domestic violence statute. 

In domestic violence cases, all firearms may be seized, under §13-3601 and 3602. 

86 The federal school zones law, overturned by the U.S. Supreme Court, has been removed. 

99 There are now 620 CCW instructors in Arizona. 

125 Manslaughter is now a class 2 felony. 

129 The laws are now current through the 1996 legislative session. 

130 Add §13-105. 

13-105. Definitions:  17. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. 

136 See 125; also, the cross-reference made in §13-1104 is now to sub. S, not N. 

137 §13-1204 has minor grammatical changes, and now includes entities that contract with the state to provide prisoner services; this does not affect AGOG text. 

138 §13-1209 drive-by-shooting now includes driver's license revocation, paragraphs are renumbered; §13-1210 Shooting at a Structure (new 1996 law) has been added. 

13-1209. Drive by shootings; driver's license revocation; classification; definitions  

    A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.  
    C. Drive by shooting is a class 2 felony.  
    D. As used in this section:  
    1. "Motor vehicle" has the same meaning prescribed in §28-101.  
    2. "Occupied structure" has the same meaning prescribed in §13-3101.  
     

13-1210.  Discharging a firearm at a structure; classification; definitions  

    A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.  
    B. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.  
    C. For the purposes of  this section:  
    1. "Nonresidential structure" means a structure other than a residential structure.  
    2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.  
    3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation. 

141 §13-2503 and 2504, see 35, conditional release is now community supervision. 

148 Renumbering. §13-3108.01 is now §13-3114; two sections erroneously both called §13-3112 by the legislature have been split, with the portion concerning Adjudicated Delinquents now §13-3113. 

151 Chap. 36 Family Offenses, 13-3601 and 3602 Domestic Violence (new 1996 law). 

13-3601.  Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice; report; diversion 

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-604.01 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2904, subsection A, paragraph 1, 2, 3 or 6 or section 13-3623, if the relationship between the victim and the defendant is one of marriage or former marriage or of persons of the opposite sex residing or having resided in the same household, if the victim and defendant or the defendant's spouse are related to each other by consanguinity or affinity to the second degree, if the victim and defendant have a child in common or if the victim or the defendant is pregnant by the other party. 

B. A peace officer may, with or without a warrant, arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer.  In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury.  Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02.  In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence.  An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence.  The release procedures available under section 13-3883, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection. 

C. A peace officer may question the persons who are present to determine if a firearm is present on the premises.  On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonable believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death.  A firearm owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence. 

D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm.  The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm.  Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm. 

E. If a firearm  is seized pursuant to subsection C of this section the victim shall be notified by a peace officer before the firearm is released from temporary custody. 

F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court.  The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail.  The notice shall state that the firearm will be retained for not more than six months following the date of seizure.  On receipt of the notice, the owner or possessor 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 shall hold the hearing within ten days after receiving the owner's or possessor's request for a hearing.  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 shall order the return of the firearm to the owner or possessor. 

G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section. 

13-3602. Order of protection; procedure; contents; arrest for violation; penalty 

F. An order of protection issued by a court may include any of the following: 
4. 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 order and may be ordered to transfer a firearm to the appropriate law enforcement agency for the duration of the order. 

152 Regarding §13-3708, see first half of 35; also, "drug" is more carefully defined. 

153 §13-4305 was changed, delete "B". 

154 The Dept. of Youth Treatment and Rehabilitation is now The Dept. of Juvenile Correction.  Go figure.  Also, §15-507.01 renumbered §15-515. 

155 Unarmed traffic officer law discovered and added. 

28-627. Powers of local authorities  

    E. In addition to the appointment of peace officers, local authorities may by ordinance provide for the appointment of unarmed police aides who shall be employed by the police department and shall be empowered to commence an action or proceeding before a court or judge for any violation of their ordinances regulating the standing or parking of vehicles.  The authority of the unarmed police aide as authorized in this section shall be strictly limited to the enforcement of the ordinances of local authorities regulating the standing or parking of vehicles and in no way shall this section be construed to grant other powers or benefits to which peace officers of this state are entitled. 

G. A traffic investigator appointed pursuant to subsection F of this section shall: 

1.  Be unarmed at all times during the course of his duties. 

Inside Back Cover:  Chart updated (Manslaughter is now a class 2 felony) 

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ARIZONA RECIPROCITY LIST
UPDATES to Edition 19, for 1999
UPDATES to Edition 18 that are in Edition 19
UPDATES to Edition 17 that are in Edition 18
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