Arizona Constitutional Carry

Overview

Arizona is a constitutional carry state, meaning that individuals who are legally eligible to possess a firearm may carry a concealed weapon without obtaining a permit. Arizona enacted its constitutional carry law in 2010 (effective July 29, 2010), making it one of the earliest states to adopt permitless concealed carry.

Note: This summary is informational and is not legal advice. Always verify the current text of Arizona Revised Statutes at azleg.gov before relying on a specific subsection.

Legal Framework

Arizona's constitutional carry provisions are found within Title 13, Chapter 31 of the Arizona Revised Statutes (ARS), which governs "Weapons and Explosives." The key statutes include:

• ARS § 13-3101 - Definitions (including definitions of "concealed weapon" and prohibited possessor categories)
• ARS § 13-3102 - Misconduct involving weapons; defenses; classification; definitions
• ARS § 13-3112 - Concealed weapons; qualification; application; permit to carry

Who May Carry Without a Permit

Under Arizona's constitutional carry framework, a person may carry a concealed weapon without a permit provided they:

• Are 21 years of age or older
• Are legally present in Arizona
• Are not a prohibited possessor under state or federal law (as defined in ARS § 13-3101, subsection A, paragraph 7)

Permit System Still Available

Despite constitutional carry, Arizona continues to issue concealed weapons permits (CWP) through the Arizona Department of Public Safety (DPS) under ARS § 13-3112. There are several reasons a person may still choose to obtain a permit:

Permit Requirements (ARS § 13-3112(E))

To obtain a CWP, an applicant must:

1. Be a resident of Arizona or a United States citizen
2. Be 21 years of age or older, or at least 19 years of age with evidence of current military service or proof of honorable/general discharge under honorable conditions
3. Not be under indictment for and not have been convicted of a felony in any jurisdiction (unless expunged, set aside, vacated, or rights restored and not currently a prohibited possessor)
4. Not suffer from mental illness and not have been adjudicated mentally incompetent or committed to a mental institution
5. Not be unlawfully present in the United States
6. Have demonstrated competence with a firearm as prescribed by ARS § 13-3112(N)

Permit Validity

• Permits are valid for five years (ARS § 13-3112(I))
• Permits held by active-duty military members deployed overseas are extended until 90 days after the end of overseas deployment
• Permits are renewable every five years (ARS § 13-3112(K))

Benefits of Obtaining a Permit

1. Reciprocity with other states - Arizona has reciprocity agreements and recognition with numerous other states. A permit issued under ARS § 13-3112 is recognized by many states that do not have constitutional carry or that require a permit from the carrier's home state.
2. Carrying in establishments serving alcohol - Under ARS § 4-229 and ARS § 4-244, a person carrying a concealed weapon in certain licensed establishments (bars, restaurants serving alcohol) is required to carry the permit and present it for inspection to law enforcement on request.
3. Streamlined background checks - A valid CWP may serve as an alternative to the NICS background check for firearm purchases.

Carry in Licensed Establishments (Alcohol-Related Restrictions)

Even under constitutional carry, specific rules apply when carrying in establishments licensed to serve alcohol:

• A person carrying concealed in such establishments must carry a valid CWP and present it on request per ARS § 4-229 and ARS § 4-244 (referenced in ARS § 13-3112(A) and (C))
• Failure to present the permit when required is a civil violation subject to a penalty of not more than $300 (ARS § 13-3112(C))

Recognition of Out-of-State Permits

Per ARS § 13-3112(Q), Arizona recognizes concealed weapon permits or licenses issued by other states or political subdivisions if:

1. The permit or license is recognized as valid in the issuing state
2. The permit or license holder is:
   • Legally present in Arizona
   • Not legally prohibited from possessing a firearm in Arizona

However, per ARS § 13-3112(S), a person with a concealed weapons permit from another state may not carry concealed in Arizona if they are:

• Under 21 years of age, or
• Under indictment for or convicted of a felony (unless expunged, set aside, vacated, or rights restored and not currently a prohibited possessor)

Reciprocity Agreements

Per ARS § 13-3112(R), the Department of Public Safety enters into written reciprocity agreements with other states. Arizona has reciprocity agreements with numerous states recognizing each other's concealed carry permits. Arizona is also listed among states that do not require a concealed carry license to carry a concealed firearm, confirming its constitutional carry status.

State Preemption

Per ARS § 13-3108, firearms are regulated by the state, and state law preempts local regulation. This means that cities, towns, and counties in Arizona cannot enact their own laws restricting the carrying of concealed weapons beyond what state law provides.

Key Prohibited Locations

Even under constitutional carry, Arizona law restricts carrying firearms in certain locations as outlined in ARS § 13-3102, including but not limited to:

• Polling places on election day
• School grounds (K-12)
• Secured areas of airports (A.R.S. § 13-3119)
• Certain government buildings with proper signage and security measures
• Any establishment or event where the owner/operator has posted proper notice prohibiting firearms

Important Notes

• No duty to inform: Arizona does not have a general statutory requirement to inform law enforcement that you are carrying a concealed weapon during a routine stop, except when carrying in establishments where a permit is required (ARS § 4-229, § 4-244)
• Law enforcement interaction: Per ARS § 13-3112(D), a law enforcement officer shall not confiscate or forfeit a weapon that is otherwise lawfully possessed by a permittee whose permit is suspended, except that an officer may take temporary custody of a firearm during an investigatory stop
• Constitutional carry applies to both residents and non-residents who are legally present in Arizona and meet the age and eligibility requirements