In addition to these changes, layout and pagination changes have been
made to accommodate text, and grammatical and other minor adjustments have
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
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
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
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;
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
13-1210. Discharging a firearm at a structure; classification;
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
141 §13-2503 and 2504, see 35, conditional release is now
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;
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
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;
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
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
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
1. Be unarmed at all times during the course of his duties.
Inside Back Cover: Chart updated (Manslaughter is now a class