Arizona Gun Owners Guide

Changes to Edition 17 that appear in Edition 18


The 18th edition of The Arizona Gun Owner's Guide (AGOG), released in Oct. 1997, is now 224 pages -- 64 pages thicker than edition 17!  What fills all this new space? 
The entire book has been re-typeset and reorganized from five chapters into eight.  While the original edition (March 1989) reproduced statutes only from the Criminal Code, A.R.S. Title 13, the new 18th edition reproduces gun-related laws from nine separate titles of the state statutes. 

Legislative changes and additions from the 1997 session are included as usual. 
The text has been fine tuned and embellished throughout, reflecting years of accumulated observations and experience.  Some points are not exactly statutory but reflect an increased depth of understanding, garnered as a function of time (the information on Warning Shots or No-Guns-Allowed Signs are examples).  Other information has been recently uncovered (Bulletproof Vests, Rental Tenant Eviction for Illegal Discharge of a Firearm, more).  In many cases, a decision was made to include formerly excluded material (for example: Armed Security Guards, the actual statutes related to the hunting section, more). 

National developments have lead to material on reciprocity among the states for CCW licensees, The Lost National Right to Carry, Interstate Travel and more.  Some statutes have been spelled out in detail (such as Aiding a Peace Officer in Chapter 5).  Federal law has grown a lot, reflected in Chapter 7, and diagrams related to federal law have been added, originally published in Gun Laws of America (unabridged edition of the federal gun laws, also by Bloomfield Press). 

The amount of work necessary for a revision of this magnitude is hard to imagine.  The information below is not a substitute for re-reading the entire text, to stay well informed on the gun laws for private gun ownership, possession and use.  It doesn't make sense to own a gun and not know the rules. 

Anyone who thinks that guns are not well regulated in America need only look at all the regulations that exist.  Every conceivable crime is penalized five ways from Sunday.  Question hard any person who calls for more laws when newly committed crimes are publicized by broadcasters or in print.  Remember well that all broadcasts are strictly prohibited without an official government license (despite First Amendment guarantees). 

In addition to this work, Bloomfield Press is pressing ahead on the first ever compilation of Supreme Court gun cases (with analysis by two of the nation's leading Second Amendment attorneys, Stephen Halbrook and David Kopel), four other books on state gun law (Texas, Virginia, Florida and California), a First Amendment book entitled 186 Things You're Not Allowed To Say, and geology. Geology? Yes, geology. 

Please recognize that because the update added 64 pages to the book, the information that follows identifies the key changes, but does not include every change or adjustment. 
Statutes Affected List, 1997 Legislature 
Citations in parentheses indicate senate or house bill numbers and legislative chapter numbers. 

12-820.02 Qualified immunity; Technical corrections to grammar and citations (SB1009, Ch. 1, and SB1446, Ch. 220); affects Appendix D but not text. 

13-107 Statute of limitations; Time doesn't run if offender is unknown, renumbering (HB2407, Ch. 135); Change Appendix D. 

13-501 Felony by minor; Old 13-501 (Responsibility) is repealed, and minor 15-18 can be charged as adult in specified felonies; affects Appendix D. and add to Chap. 1. 

13-702 Aggravating circumstances; Bulletproof vests are legal but wearing one during commission of a felony is an aggravating circumstance that increases penalties (SB1047, Ch. 213); Add to Appendix D and Chap. 5. 

13-1209 Drive by shooting; renumbering (HB2101, Ch. 17) changes Appendix D; also a technical correction from SB 1009, but to a portion not in AGOG. 

13-1210 Shooting at a structure; Now 13-1211 (HB210, Ch. 212); Change Appendix D. 

13-1405 Sex with minor; paragraph B (penalties) is repealed and rewritten (SB1390, Ch. 217); affects Appendix D but not text. 

13-2503, 2504 Escape; Changes "defendant" to "person" and adds "Juvenile Detention Facility" to list (SB1391, Ch. 105); affects Appendix D. 

13-3102 Misconduct with weapons; Grammar and numbering changes, Warden and correction officer exemptions, the "D-3" exemption is now "C-4" (HB2408, Ch. 136); Affects Appendix D. 

13-3111 Minor possession restricted; Grammar, change "driver's" to "driver" nine times, exemption for agribusiness, violation by minor now class 6 felony (HB2408, Ch. 136). 

13-3602 Domestic violence; (HB2025, Ch. 263); renumbering; change Appendix D. 

13-3624 Emergency court protection order; may deny guns (HB2025, Ch. 263); App. D and Chap. 1. 

15-841 Student expulsion; (HB2094, Ch. 82); Add to Appendix D, already mentioned in Chap. 1. 

28-627 Meter maids and men; Numbering change, also note second category of unarmed official (SB1009, Ch. 1); affects Appendix D and add to Chap. 1. 

Added to AGOG 18 

13-105 Definitions, eleven more are included; 15-713 Training in bow and firearm, AG&FD may provide safety training to public schools (to Chap. 8); 15-714 Eligibility for training, students over 10, elective only (to Chap. 8); 33-1125 Personal items, one gun is exempt from debt process (to Chap. 1); 33-1368 Breech of renter's agreement, unlawful discharge is grounds for eviction (to Chap. 5); 13-3967 Release on bailable offenses, firearms may be banned as condition of bail (to Chap. 1). 

Already in text (Chapter 6), now added to Appendix D. 
17-301 Times when wildlife may be taken; 17-304 Landowner posting; 17-305 Firearms in closed area; 17-309 Violations; 17-311 Duty to report accidents; 17-312 Misuse of firearms (drunk while hunting); 17-340 License revocation; 17-362 Hunting guides. 

Add to Chapter 1 and Appendix D 
32-2612 Security guard agency license; 32-2615 Security guard agency refusal; 32-2621 Security guard registration; 32-2622 Security guard qualifications; 32-2625 Security guard license refusal; 32-2632 Security guard firearm training; 32-2637 Violations. 

Page numbers here are based on Edition 17. 
Not listed below: Changes to layout; use of bold, italic etc.; repagination; re-grouping related entries; headers and footers redesigned; fine tuning to language throughout (as examples, citizen becomes person or resident in spots, discharge has been changed to shooting in spots, practicing properly outdoors is a natural and wholesome pursuit -- book used to simply say "OK," sentences have been reworked for improved clarity or precision); cross references within text to other chapters (numbers have changed). 

1 Enlarged and re-typeset. 

2 Copyright 1998; website; new ISBN 1-889632-02-3; send us an SASE for updates; change print code line to 18. 

3 Table of contents changed to reflect 8 chapters (from 5) and new entries: Security guards, Federal Prohibited Possessor List; Suspension and Revocation; Duration and Renewal; Public Duty Justification; Aiding Peace Officer; Warning Shots; Bulletproof Vests; Controlling Your Gun; Debt Exemption; Preemption; New Fed Laws; Noble Use of Firearms (new illustration). 
7 Note 18th edition, 9/97. 
9 Preface -- First Amendment note, one-glaring-error theory. 
11 Add gun running and gun theft to list. 
13 Add right to travel and restrictions based on price range to list. 
16 New paragraph on meaning of Second Amendment and the effect of state constitutions. 
17 Intro to state law; a word about federal law; Arizona Constitution; list of nine titles in state law that contain gun law (now included in Appendix D); diagram of section symbol. 
18 Revisions to Who Can Bear Arms, incl. parole, probation, bail, unarmed traffic aides, more; the federal prohibition prevents "having, shipping, transporting or receiving" guns or ammo. 
19 Domestic Violence Misdemeanor is added to fed prohibited possessor list; rules for juveniles have been modified, responsibility law repealed, certain juveniles may be tried as adults. 
20 Forfeiture, Surrender and Loss of Guns and Rights has been moved to this chapter; rental tenant eviction for shooting; gun exempt from debt process; firearm conditions of bail release; security guard requirements; emergency court orders of protection. 
21 Children must be judged (not deemed) delinquent, certain child gun offenses now class 6 felony, exemption for agribusiness, consolidate most child info to this one section, new explanatory material 
23 Fine tuning to purchase procedures and requirements; Supreme Court Brady decision effect; in- and out-of-state rules, including differences for handguns and long guns. 
25 Carrying Firearms is now Chapter 2 (p. 51 in Ed. 18).  Open carry description expanded. 
26 Holstered gun concealed in car may not be on yourself without permit. 
27 53,000 people (1.3% of public) have gotten CCW permits. 
28 Applicant seeking to replace a revoked CCW permit must wait at least two years. 
29 CCW fee includes $24 for FBI fingerprint check ($50 total), incomplete applications must be returned by DPS in 10 days with explanation. 
30 CCW Renewal Procedures; Definition of Residency has been changed by DPS regulation. 
32 Instructors must save student records for at least 5 years. 
33 Fee for instructor certification is eliminated, though they still must pay $50 for a permit; instructor renewal info. 
34 Full statistics on CCW permits and instructors; restaurants that serve alcohol are off limits; it's legally unclear whether some areas restricted to "lawful carry" only would exempt CCW-permit holders. 
35 Sign may legally require you to check weapons (relinquish custody while on the premises); federal and state school zone restrictions. 
36 Student expulsion; Whether carry for "lawful purpose" (one of the exemptions in the federal prohibition) in federal facilities includes CCW (or legal open carry) has not been addressed by the courts. 
37 Postal restriction on shipments applies to concealable guns only. 
38 Guns transported by common carrier must be legal at destination, vehicle operator (pilot, etc.) may but isn't required to take custody personally; Transit Risks becomes two pages on Interstate Travel. 
39 Local Ordinances becomes a page and a half, including state preemption; Reciprocity information fills three pages, including list of states and what they offer; No-guns-allowed rules are examined, with anecdote about Phoenix Parks "illegal" sign. 
45 Types of Weapons is now Chapter 3 (p. 73 in Ed. 18). 
47 Street Sweeper and similar shotguns declared destructive devices by feds and now must be registered. 
55 Where Can You Shoot is now Chapter 4 (p. 83 in Ed. 18); BLM is changing over to all computerized maps and maps-on-demand -- no more pre-printed maps. 
56 Quarter-mile hunting rule only applies if you don't have owner's permission. 
57 Posted Areas section expanded to examine restriction of rights by posting of signs, public or private; BLM land has grown by 4% to 14 million acres. 
58 Shooting is prohibited in developed BLM areas; willful destruction restriction includes public land; maximum fine raised from $1,000 to $100,000. 
60 Ben Avery Range now operated by Dept. of Game and Fish and Arizona State Rifle and Pistol Association; Indian Country is 27.2% of state. 
61 National Forests are 15.3% of state. 
62 National Forest maximum fine raised from $500 to $5,000; caution black powder shooters about hot residue starting fires; National Park (not Parks) Service land is 4.2% of state, 3 million acres; carry or possession is prohibited there. 
63 Private land shrinks to 13% from 18%, now 9.5 million acres (was 13); the citation for shooting ranges (13-3107) is added; Land for military use is 3.7% of state, 2.7 million acres; restrictions on private arms are by practice not statute. 
64 Public use of certain military ranges is authorized under Civilian Marksmanship Program; State Land is 12.9% of state, 9.4 million acres. 
69 Where Are Guns Forbidden illustration, now in Chapter 2, includes fed and state school zones, notes about signs, federal facilities, CCW issues. 
71 Deadly Force and Related Laws is now Deadly Force and Self-Defense Laws, Chapter 5 (p. 101 in Ed. 8). 
72 The front-cover topic of "shoot to kill" is examined. 
74 The deadly-force justification known as Public Duty is added (13-402, 13-2403, 13-3801 to 13-3804); the conversational expression of the gist of the self-defense justification (13-404 and 13-405) is reworded from, "Only when someone is about to kill you can you kill them first," to, "Only when someone is about to kill or maim you can you shoot at them," and the difference is carried through to the rest of the text. 
76 Federal domestic violence requirements. 
79 Add Warning Shots; Aiding a Peace Officer; Bulletproof Vests; Illegal Shots by Rental Tenant; Keeping Control of Your Firearm; some changes to Responsibility. 
80 Hunting Requirements is now Chapter 6 (p. 199 in Ed. 18); The Hunter's Pledge has been added. 
84 Notes on Federal Law is now Chapter 7 (p. 125 in Ed. 18). 
85 Firearm Owner's Protection Act is Firearms Owners' Protection Act; three new laws added to list -- Rifle Practice and Firearms Safety Act, Antiterrorism Act, Domestic Violence Ban and Gun Free School Zones Act. 
91 Twelve new pages from our friends at the federal government -- Public Safety and Recreational Firearms Use Protection Act (sometimes called the Crime Bill), Rifle Practice and Firearms Safety Act (Civilian Marksmanship Program), Antiterrorism Act, Omnibus Consolidated Appropriations Act (2,000-page law with gun requirements slipped in) including reenactment of school zones law after it was declared unconstitutional by Supreme Court, misdemeanor domestic violence gun ban (with its eight constitutional violations described); Chart of growth in federal gun law from 1791 to 1996. 
93 You may want to call an attorney after a shooting incident; New illustration: In the great din of the national firearms debate, it's easy to lose sight of the noble and respectable place firearms hold and have always held in American life. The Noble Use of Firearms examines this important point.  By focusing solely on criminal misuse of guns instead of the dozens of valid everyday social, economic and legal aspects, the mass media conveys the false impression that guns are directly linked to crime, when in fact almost all guns never have any link to crime whatsoever. 
99 Gun Safety and Concealed-Weapon Training is now Chapter 8 (p. 149 in Ed. 18); Game and Fish Dept. can certify trainers and run safety training at public schools, on an elective basis for children over 10, and parents should request this for their kids' schools; The Civilian Marksmanship Program offers opportunities for public training nationally. 
103 As my friend Charly pointed out, Pyrodex is a brand name, not nomenclature, and it has been deleted. 
113 In items 2, 5, 9 and 10, the phrase shoot to kill has been changed to shoot, reflecting changes noted for p. 74. 
115 Item 1 has been expanded significantly, showing how the Hollywood-promoted notion of shoot-to-wound is dangerously misleading, poor judgment tactically and basically illegal.  If there is no justification to use deadly force, don't shoot at all. (The same applies to warning shots.) 
119 Appendix A (Glossary) is now page 171; New terms include BATF, CCW, CMP, DPS, FFL. 
124 Appendix B (Crime and Punishment Chart) is now page 175. 
126 Appendix C (Proper Authorities) is now page 177; Addition of new area codes and other updates changed almost every listing. 
129 Appendix D (Statutes) is now page 181; Updated through the end of the 1997 legislative session; <Notes appear in pointed brackets>; other titles of state law are included (AGOG used to contain mainly Title 13 Criminal Code). 

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UPDATES to Edition 19, for 1999
UPDATES to Edition 18 that are in Edition 19
UPDATES to Edition 16 that are in Edition 17
UPDATES to Edition 15 that are in Edition 16

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