The lowest number in the "Print Code Line,"
the backwards numbers at the bottom of page two, identifies the edition
number of our books, and most American books.
NOTE: In the interest of space, we didn't
list every page we merely renumbered to fit new material into the text.
Some grammatical changes were made and not noted, such as "that"
in place of "which," and similar minutiae. "Citizen"
was replaced by "person" in a few places for greater accuracy.
Other incidental changes may have been made and would not be listed. For
example, we changed the print code line on page 2 to "19th Edition"
instead of the more familiar row of backwards numbers, and didn't bother
THESE STATUTES HAVE BEEN CHANGED:
13-1101 Homicide definitions
13-3112 Permit to carry
13-3114 Handgun clearance center
13-3601 Domestic violence
13-3602 Order of protection
13-3967 Release on bail
17-240 Disposition of devices
Two new justifications for deadly force added:
13-416 Use of reasonable and necessary means
13-417 Necessity defense
2 -Copyright 1999, 19th edition
3 - Table of Contents adjusted
23 - "Aggravated harassment" added to list of domestic
24 - Certain court protection orders now require confiscation
and prohibit purchase or possession of guns by defendant, if court decides
there is a credible threat to people named in the order.
25 - A summary about loss of rights and restoration of rights
has been added.
27 - As recently as 1994 there were basically no regulations
on children, but the sudden onset of outrageous juvenile violence has changed
31 - The Arizona Handgun Clearance Center has been changed to
the Arizona Firearms Clearance Center. This allows it to control all retail
gun sales, not just handguns, and link directly to the FBI National Instant
Check, under Brady Law Part 2.
33 - Only government-issued photo ID is valid for retail firearms
purchase. Requirements of the National Instant Check are in Chapter 7.
39 - DPS is now authorized, under 13-3112, to make reciprocity
deals with other states it decides are "substantially similar"
to Arizona. No such states have been found as we go to press.
40 - The national reciprocity list has been updated.
41 - Federal law requires written notification when transporting
firearms by airplane or other common carrier, but verbal notice is frequently
42 - An appeals court decided that the state preemption law did
not stop Tucson from banning guns in parks, despite clear law and the state
Constitution to the contrary. This throws doubt on the state preemption
law for other cases.
43 - Some businesses have "enacted" policies prohibiting
employees from having guns, even in their cars. Legal precedence for this
is unclear, though a violator would likely have to make any arguments from
the unemployment line.
49 - Photo ID is required for handgun and long gun retail purchase.
Brady paperwork ends Nov. 30, 1998, the Handgun Clearance Center is now
the Firearms Clearance Center, and it does a background check on all guns,
including the federal "NICS" instant check.
51 - Some judges are "rewriting" our laws and have
replaced the long standing "partially visible" standard spelled
out in the statute, by requiring "conspicuous and obvious display"
while carrying openly. This puts you at increased risk for otherwise legal
behavior. Only the legislature is empowered and qualified to change the
53 - If you're carrying openly but it's less than obvious, you
may be found in violation. Concealed permits are available to any U.S.
citizen and any resident of Arizona (formerly only Arizona residents).
54 - The permit suspension procedure has changed, and Brady s-1-c
no longer applies (it expires 11/30/98). Also, "Arizona resident"
is now "U.S. citizen or Arizona resident."
55 - Active duty Arizona and Federal police no longer have to
take the 16-hour training program for a CCW permit. The new application
form is Form "D."
56 -Refresher class is 4 hours, with 2 in class and 2 at range,
10-question and 10-shot tests, and $50 fee to DPS. Refresher may be taken
no more than 90 days before your expiration date, or up to 60 days after,
but permit is NOT VALID after its expiration date. If you carry with an
expired permit you are in violation. If you miss getting renewed in the
60 day window, you must take the 16 hour new-permit class again.
57 - The paragraph about residency has been dropped, since this
is no longer a requirement. DPS is actually developing guidelines for who
might qualify as a non-U.S.-citizen resident of Arizona, a quirk created
by the new law's language.
67 - Change the phrase "gun case" to "obvious
gun case," to reflect the effect of activist judges that have convicted
individuals who, in former similar cases, would have been in compliance
with the law.
69 - A concealed carry permit does not protect passengers in
a car from charges of carrying a concealed weapon--particularly the permitee's
weapon--if they are illegally near it. Also, if you have no permit and
carry openly, it must be very plainly evident, according to recent case
72 -CCW holders are exempt from federal gun-free school zones
carrying restrictions, but in a monumental oversight (some say a deliberate
and misguided effort) shooting in such a zone, even to stop an obvious
Illegal lethal assault, would violate federal law.
75 - The term "destructive device" does not apply to
93 - Military ranges are open to civilian use under the Civilian
108 - Two new justifications for the use of deadly force have
been added. In 13-416, private prison employees are allowed to use deadly
force in some situations related to control of prisoners. In 13-417, the
necessity defense, no one really knows what this will do. Call us if you
have any ideas.
125 - Formerly, numerous federal attempts to create a national
firearm registry have all been stopped under existing federal law. A registry
has now been implemented in the name of the Brady law, although that law
in fact prohibits any such actions. All innocent retail gun buyers will
be recorded by the FBI. About 10 million Americans will be listed annually.
Details on our website.
127 - The Federal Firearms Transportation Guarantee is now included
129 - The Brady Law Part 1. Enacted in 1993 as the Brady Handgun
Violence Prevention Act, the Brady law in reality turned out to be five
1-Centralized federal control over all handgun and long gun retail sales;
2-A $200 million funding mechanism for a national computer system capable
of checking out any individual from a single FBI location;
3-The roots of a national ID card requirement (based on drivers' licenses
and social security numbers) for all original firearm purchases;
4-The most thorough commerce tracking system on earth, initially only
for retail sales of firearms in America; and
5-A mechanism for preventing known criminals from directly purchasing
firearms at retail and paying sales tax.
The widely publicized five-day waiting period was largely a myth, and
never existed in most states (Arizona never had one). The effect of the
Brady law on crime reduction is essentially unknown, since the 250,000
criminals reportedly identified by the system (the number is hotly disputed)
are on the loose--virtually no effort to track or apprehend them has been
made. It is a five-year federal felony for criminals and other disqualified
persons to attempt to purchase a firearm.
Part 1 of the law, set to expire 60 months after enactment, remains
in the text in small type (it expires Nov. 30, 1998, assuming it is not
reenacted as some politicians have suggested doing), shortly after this
edition of The Guide goes to press. Brady Part 2, the National Instant
Background Check (dubbed NICS by the FBI, who has replaced BATF to operate
the system), is described as it appears in the federal statute. Complex
regulations to implement the new law, which are basically transparent in
this state, are not covered in the book (but are available in their entirety
on our website).
Several unknowns will be resolved after this edition. The main point
is the FBI's announced plan to use the Brady computer system, now built,
to record the name and address of every gun buyer in America, in apparent
violation of long-standing law (strictly forbidden in both the McClure
Volkmer Act, 1986, and the Brady law itself). FBI final regulations (10/30/98)
are clear--they will record and back up the names and addresses of all
retail gun buyers. In addition, the Justice Dept. plans to levy a tax on
the sale of firearms, and give the funds to the FBI, with no apparent authority
to do so (taxes are supposed to originate in Congress). (Note: The per-sale
tax was dropped when Congress gave the FBI $42 million in tax dollars in
cash.) States that agree to cooperate with the FBI, as Arizona has done,
will avoid the tax on its licensed dealers.
131 - The Brady Law Part 2--National Instant Check
The Brady Law requires the U.S. Attorney General (AG) to establish a
National Instant Criminal Background Check system (NICS) before Nov. 30,
1998. Once this is in effect (30 days after the AG notifies all FFLs that
the system is running and how to use it), the previous process is eliminated.
In order to transfer any firearm, not just handguns, when the NICS system
is in place, a dealer must verify your identity from a government-issued
photo-ID card, contact the system (based in Clarksburg, W. Va., run by
the FBI), identify you and either: 1-get a unique transfer number back
from the system, or, 2-wait three days during which state offices are open
and during which the system provides no notice that the transfer would
violate relevant laws.
Arizona has been designated a "Point of Contact" state by
the FBI. This means that dealers here will contact the DPS Firearms Clearance
Center (formerly the Handgun Clearance Center) for all gun sales, as they
have been doing for five years for handgun sales. The DPS instant check
will then automatically include a check of the NICS system, and the process
will be transparent to Arizona buyers. In other states, dealers will have
to contact the FBI directly.
The NICS system is required to issue the transfer number if the transfer
would violate no relevant laws, and it must destroy all records of approved
inquiries except for the identifying number and the date it was issued.
The FBI, however, has indicated they intend to record the name and address
of everyone who buys a gun once the system is running, and Congress has
apparently failed to stop them. If the transfer is legal, the dealer includes
the transfer number on a redesigned version of the 4473 form. The NICS
system is bypassed under certain conditions, including for a buyer with
a valid CCW permit, though there is some question as to what qualifies
as a valid permit.
A licensed dealer who violates these requirements is subject to a civil
fine of up to $5,000 and suspension or revocation of their license, but
only if the system would have shown that the customer would have been ineligible
to buy a gun. The only Brady NICS punishment is directed to the dealer,
not the customer (other laws penalize a purchase or attempted purchase
by a prohibited possessor).
If you are denied a firearm under NICS, federal law says you may request
the reason directly from NICS and it must present you with a written answer
within five business days. You may also request the reason from the U.S.
Attorney General, who must respond "immediately," according to
the law. You may provide information to fix any errors in the system, and
the AG must immediately consider the information, investigate further,
correct any erroneous federal records and notify any federal or state agency
that was the source of the errors. The federal appeals process has not
been issued, which provides it's own wrinkle--your rights denied by bureaucratic
133 - The Brady Alternate States list has grown and is listed.
134 - The 1994 crime bill outlaws purchase or possession of firearms
or ammo by anyone under a domestic violence charge.
138 - In item 6, change "possessed" to "possession,"
to keep the list parallel.
139 - School zones law creates millions of "innocent"
offenses daily, as regular people simply travel through populated areas
while carrying personal firearms. And 6,000 kids carrying guns in schools
in 1997 (including Kip Kinkle) were simply sent home, according to the
Education Dept. (not the Justice Dept.).
181 - The gun law appendix has been updated through the 1998
legislative year. Your legislature usually passes new gun laws at the end
of its regular session, which runs from January until between April and
In the 1998 session, 41-1750 was amended to allow DPS to charge a non-refundable
fingerprinting fee as of July 1, 1999. Clear authority to charge such a
fee, which has been in place for CCW permits since 1994, has been lacking.
Local, state and federal noncriminal justice agencies are exempt from the