Arizona Duty to Inform: Police Stops While Carrying

Duty to Inform Law Enforcement - Arizona

Overview

Arizona does not impose a general duty to inform law enforcement officers that you are carrying a concealed weapon during routine encounters. However, there are specific, limited circumstances where a permit holder has obligations.

Note: The primary statute governing concealed carry permits in Arizona is A.R.S. § 13-3112. The full text of that statute was not available in the source material reviewed for this article. The information below is based on commonly cited provisions of that statute and should be independently verified against the current text of the law.

Permit Holders in Licensed Establishments (A.R.S. § 13-3112)

Under A.R.S. § 13-3112(A), a concealed carry permit holder is required to:

1. Carry the permit at all times when in actual possession of a concealed weapon and when required by § 4-229 or § 4-244 to carry the permit (these sections relate to establishments that serve alcohol).
2. Present the permit for inspection to any law enforcement officer on request, but only when the person is in actual possession of the concealed weapon and is required by § 4-229 or § 4-244 to carry the permit.

"The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit. If the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit, the person shall present the permit for inspection to any law enforcement officer on request." - A.R.S. § 13-3112(A)

Penalty for Failure to Present Permit When Required

Under A.R.S. § 13-3112(C):

• A permittee who is required by § 4-229 or § 4-244 to carry a permit and fails to present the permit for inspection on request of a law enforcement officer is subject to a civil penalty of not more than $300.
• The Department of Public Safety shall be notified and shall immediately suspend the permit.
• A permittee shall not be convicted of this violation if they produce to the court a legible permit that was issued to them and was valid at the time of the failure to present.

Law Enforcement Access to Permit Records

Under A.R.S. § 13-3112(J):

• The Department of Public Safety maintains a computerized permit record system accessible to criminal justice agencies for confirming permit status.
• A criminal justice agency shall not use this system to inquire whether a person is a concealed weapons permit holder unless the agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention, or investigatory stop.

Temporary Custody of Firearms

Under A.R.S. § 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 under subsection C.
• However, an officer may take temporary custody of a firearm during an investigatory stop of the permittee.

Key Takeaways

• No general duty to volunteer information: Arizona law does not require concealed carry holders (with or without a permit) to proactively inform law enforcement that they are armed during a traffic stop or other encounter.
• Duty to present permit on request applies only in the limited context of carrying in establishments covered by §§ 4-229 and 4-244 (alcohol-serving establishments).
• Failure to present when required is a civil penalty (not criminal), capped at $300, and is a dismissible offense if a valid permit is later produced in court.