Carrying Under the Influence in Arizona

The Headline

Arizona has no general criminal statute prohibiting carrying a firearm while intoxicated in public. Title 13 (Criminal Code) does not set a BAC threshold for firearm possession outside of licensed alcohol-serving premises. Where Arizona does regulate firearms and alcohol is at the on-sale retailer (bars and restaurants holding an on-sale liquor license), under Title 4 (Alcoholic Beverages). The three operative paragraphs are A.R.S. 4-244(29), A.R.S. 4-244(30), and A.R.S. 4-244(31), supplemented by the concealed-carry carve-out at A.R.S. 4-229.

Possessing a Firearm on Licensed Premises: A.R.S. 4-244(29)

A.R.S. 4-244(29) makes it unlawful for a person, other than the persons listed in the statute, to be in possession of a firearm while on the licensed premises of an on-sale retailer. The express exceptions are:

• A peace officer (on or off duty).
• A member of a sheriff's volunteer posse on duty who has received POST-approved firearms training.
• A retired peace officer as defined in A.R.S. 38-1113.
• An honorably retired law enforcement officer who holds a certificate of firearms proficiency under A.R.S. 13-3112(T).
• The licensee or an employee of the licensee acting with the licensee's permission.
• A person on the premises for a limited time to seek emergency aid who does not buy, receive, consume, or possess alcohol.
• A person exhibiting or displaying a firearm in conjunction with a meeting, show, class, or similar event.
• A person with a permit issued under A.R.S. 13-3112 carrying a concealed handgun on premises where the licensee has not posted a notice under A.R.S. 4-229.

The practical consequence is that a person carrying under Arizona's permitless (constitutional) carry cannot lawfully carry a firearm into a bar or restaurant that serves alcohol. Only A.R.S. 13-3112 permit holders carrying concealed are exempted from A.R.S. 4-244(29), and only at premises without a posted 4-229 sign.

Licensee Obligations: A.R.S. 4-244(30)

A.R.S. 4-244(30) makes it unlawful for a licensee or an employee to knowingly allow a person in possession of a firearm (other than the categories listed above) to remain on the licensed premises or to serve, sell, or furnish liquor to such a person. The statute provides a defense if the licensee or employee requested assistance from a peace officer to remove the armed person.

Drinking While Armed: A.R.S. 4-244(31)

A.R.S. 4-244(31) makes it unlawful "for any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor." The statute carves out one exception: an undercover peace officer on assignment to investigate the licensed establishment may consume small amounts. The rule is absolute for everyone else: if you are armed on the premises of an on-sale retailer, you may not consume any alcohol, regardless of whether you hold a concealed weapons permit.

"Spirituous liquor" under Arizona law covers all beverages above 0.5% alcohol by volume, including beer, wine, and distilled spirits.

Concealed Carry in On-Sale Retailers: A.R.S. 4-229

A.R.S. 4-229(A) lets a person with a valid A.R.S. 13-3112 concealed weapons permit carry a concealed handgun on the licensed premises of an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons. The statute prescribes the exact specifications a sign must meet:

1. Posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the premises.
2. Contain a pictogram showing a firearm within a red circle with a diagonal red line across the firearm.
3. Contain the words "no firearms allowed pursuant to A.R.S. section 4-229".

A.R.S. 4-229(E) sets the printing and lettering requirements: block, capital letters in black on white laminated paper at a minimum of 110-pound index weight; the lettering and pictogram must consume at least 6 inches by 9 inches; the letters in "no firearms allowed" must be at least three-fourths of a vertical inch; all other letters at least one-half of a vertical inch. The Department of Liquor Licenses and Control prepares these signs and provides them to licensees at no cost (A.R.S. 4-229(D)).

A.R.S. 4-229(B) prohibits a person from carrying a firearm on the licensed premises once the notice has been properly posted.

Affirmative Defenses (A.R.S. 4-229(C))

A person charged with violating A.R.S. 4-229(B) may raise an affirmative defense if:

1. The person was not informed of the notice prescribed in subsection A before the violation, and
2. Any one or more of the following apply:
   • At the time of the violation, the notice had fallen down.
   • At the time of the violation, the person was not a resident of Arizona.
   • The licensee had posted the notice not more than thirty days before the violation.

Limited-Entry Exceptions (A.R.S. 4-229(F))

A.R.S. 4-229(F) lets a person who possesses a handgun enter the licensed premises for a limited time for the specific purpose of:

1. Seeking emergency aid.
2. Determining whether a sign has been posted under subsection A.

Penalties

Violations of A.R.S. 4-229(B), 4-244(29), 4-244(30), and 4-244(31) are misdemeanors under Title 4. A.R.S. 4-246 sets the classification framework for Title 4 offenses; misdemeanor sentencing then runs through Title 13 (A.R.S. 13-707 for jail terms and A.R.S. 13-802 for fines), plus mandatory surcharges. Operators and instructors should verify the current classification in A.R.S. 4-246 for any specific paragraph because the Title 4 classifications can move on the floor.

No General Public-Intoxication-Plus-Firearm Statute

A.R.S. 13-3102 (Misconduct Involving Weapons) does not contain a paragraph that criminalizes carrying or possessing a firearm while intoxicated in general public settings outside on-sale retailer premises. There is no Arizona analog to the "BAC threshold + firearm possession" statutes some other states adopt. Discharging a firearm while intoxicated can still expose the actor to liability under separate statutes such as endangerment (A.R.S. 13-1201), unlawful discharge in city limits (A.R.S. 13-3107), aggravated assault (A.R.S. 13-1204), or homicide (A.R.S. 13-1101 et seq.) depending on the facts.

State Preemption (A.R.S. 13-3108)

Arizona preempts local firearms regulation under A.R.S. 13-3108(A): "Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state." Cities and counties cannot adopt local "carrying under the influence" rules beyond what state law provides. The narrow exceptions in subsections B-G cover government property, certain public events, and noise regulations.

Federal Considerations

While Arizona has no general intoxication-plus-firearm statute, federal law layers in two relevant rules:

• 18 U.S.C. 922(g)(3) prohibits any person who is an unlawful user of, or addicted to, any controlled substance from possessing firearms or ammunition. This is a status prohibitor, not a moment-of-intoxication BAC threshold, but it is a federal felony.
• Arizona's legalization of recreational marijuana under state law does not change federal law. Marijuana remains a Schedule I controlled substance under the Controlled Substances Act, and current 18 U.S.C. 922(g)(3) enforcement positions treat marijuana users as federally prohibited persons regardless of state legalization. Litigation in this area is active; check current case law before relying on it.

Operational Summary

This summary is informational and is not legal advice. Consult an Arizona attorney for fact-specific questions, and always verify the current text of A.R.S. 4-229 and 4-244 at azleg.gov before acting on the rules above.

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Federal context

18 U.S.C. 922(g)(3) and marijuana use. Federal law at 18 U.S.C. 922(g)(3) prohibits firearm possession by an unlawful user of any controlled substance. Marijuana remains a Schedule I controlled substance under federal law even where states have legalized recreational or medical use. The Fifth and Eleventh Circuits have applied the Bruen historical-tradition test to 922(g)(3) prosecutions with divergent results; consult current case law before relying on the rule's reach in any particular factual setting.