Arizona

State Right to Bear Arms in Arizona

Posted on Saturday, June 20th, 2015

Last Updated June 20, 2015

Article II, § 26 of the Arizona Constitution states: “The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.”1 In addition, Arizona Revised Statutes § 12-714 states that the legislature has found that “[t]he citizens of this state have the right, under . . . article II, § 26 of the Arizona Constitution, to keep and bear arms.”2

Arizona courts have held that the constitutional right to “bear arms” is qualified and subject to reasonable regulation by the state in its exercise of police power. In Dano v. Collins, the Arizona Court of Appeals rejected an article II, § 26 challenge to a state statute, Arizona Revised Statutes § 13-3102(A)(1), (2), which at that time prohibited the carrying of concealed weapons.3 The court noted that article II, § 26 does not grant “an absolute right to bear arms under all situations,” and emphasized that an individual’s right to bear arms in self-defense must be balanced with the state’s duty, under its police power, to make reasonable regulations to protect the health, safety and welfare of its citizens.4

Similarly, in State v. Moerman, the court rejected an article II, § 26 challenge to the former ban on concealed weapons, holding that the right to bear arms is not absolute but qualified, and the ban “regulates only the manner in which individuals may exercise their right to bear arms. . .” The court stated that, while the ban “may limit this right, it neither frustrates nor impairs it.”5

The Attorney General of Arizona has opined that section 13-3112, which at that time required persons to attend a training class and obtain a concealed weapons permit before carrying a concealed weapon, also does not infringe on the right to bear arms.6

In State v. Noel, the court held a statute prohibiting a felon from possessing a pistol does not violate article II, § 26.7 Citing Noel, the Supreme Court of Arizona, in State v. Rascon, held that prohibiting a convicted felon from having a firearm under his or her control as a condition of probation does not violate the right to bear arms.8

Lastly, in City of Tucson v. Rineer, the court rejected an article II, § 26 challenge to an ordinance that prohibited the use or possession of firearms within city parks, holding that the ordinance was a reasonable exercise of a city’s police power.9

 

 

  1. Ariz. Const. Art. II, § 26. []
  2. Ariz. Rev. Stat. Ann. § 12-714. []
  3. 802 P.2d 1021 (Ariz. Ct. App. 1990). []
  4. Dano, 802 P.2d at 1022-24. []
  5. 895 P.2d 1018, 1022 (Ariz. Ct. App. 1994). []
  6. Op. Ariz. Att’y Gen. I98-005, 1998 Ariz. AG LEXIS 5 (July 8, 1998). []
  7. 414 P.2d 162 (Ariz. Ct. App. 1966). []
  8. 519 P.2d 37 (Ariz. 1974). []
  9. 971 P.2d 207 (Ariz. Ct. App. 1998). []

Local Authority to Regulate Firearms in Arizona

Posted on Saturday, June 20th, 2015

Arizona Revised Statutes § 13-3108 provides in part:

  1. 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.
  2. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components or related accessories.

In 2010, Arizona enacted two laws that add to this section. The first new law added a subsection that, since further amendment, currently reads:

A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision’s rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void.1

This law also removed local authority to limit firearm possession in certain parks and preserves, and made clear that the state’s restrictions on local authority apply whether the political subdivision is acting pursuant to its police power, in a proprietary capacity, or otherwise.2

The second new law added a subsection that, in its current form, prohibits a political subdivision from requiring or maintaining a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:

  • Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon. The operator or sponsor must store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor must not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved;
  • Except in the course of a law enforcement investigation, any identifying information of a person who owns, possesses, purchases, sells or transfers a firearm; or
  • The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.3

Nevertheless, this section 13-3108 permits political subdivisions to enact and enforce firearms regulations that:

  • Impose privilege and use taxes on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or their components at a rate that applies generally to other items of tangible personal property;
  • Require that a minor who knowingly possesses or carries a firearm in any place that is in or open to the public or on any street or highway or on private property (except private property owned or leased by the minor or the minor’s parent, grandparent or guardian) to be accompanied by a parent, grandparent, guardian or certified hunter or firearms safety instructor acting with the consent of a parent, grandparent, or guardian. Any ordinance or rule adopted pursuant to this provision shall not apply to minors age 14 through 17 engaged in lawful hunting or shooting events, including transportation of an unloaded firearm for such purposes, and for activities related to agricultural work;
  • Relate to the regulation of commercial land and structures, including firearms or ammunition-related businesses or commercial shooting ranges, in the same manner as other commercial businesses (but see 17-602(A), which states that outdoor shooting range noise standards are a matter of statewide concern). This provision does not authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. This provision also does not authorize a political subdivision through a zoning ordinance to prohibit or regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on a private lot or parcel of land that is not open to the public on a commercial or membership basis; nor to regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on land that is used for agriculture or other non-commercial purposes. (It should be noted that for the purposes of this provision, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property);
  • Regulate employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract; or
  • Limit or prohibit the discharge of firearms in parks and preserves. Narrow exceptions exist to this area of regulation, including the discharge of firearms on properly supervised ranges, in approved hunting areas, to control nuisance wildlife, if in possession of a special permit issued by the chief law enforcement officer of the political subdivision, if working as an animal control officer, or in self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force was necessary.

The Attorney General of Arizona has opined that state law would preempt an ordinance generally prohibiting the carrying of a firearm outside one’s own real property.4

In City of Tucson v. Rineer, the court rejected a section 13-3108(A) challenge to a Tucson ordinance that prohibits the use or possession of firearms within city parks.5 The court rejected the argument that the statute occupies the entire field of firearms regulation, stating that while the statute prohibits political subdivisions from enacting certain firearm-related ordinances, the statute “is specific in its prohibitions” and had the legislature intended that the statute preclude all local regulation of possessing or carrying weapons, it would have expressly said so.6 The court also found that the provisions in section 13-3108(B) would be superfluous if section 13-3108(A) precluded all local firearms regulation.7 Note that, in 2010, the Arizona Legislature removed local authority to limit firearm possession in certain parks and preserves.8

The court of appeals again rejected a section 13-3108 challenge to a local firearm-related regulation in McMann v. City of Tucson.9 In McMann, gun show promoters argued that section 13-3108 preempted a Tucson regulation requiring, as a condition of the promoter’s use permit, instant background checks for prospective gun purchasers at gun shows held at the Tucson Convention Center (TCC).10 The court held that the legislature did not clearly intend to preempt Tucson from requiring background checks on prospective firearms purchasers at events held at the TCC.11

Following the McMann case, the Legislature amended section 13-3108, which permits local jurisdictions to regulate the land and structures of firearms and ammunition-related businesses in the same manner as other commercial businesses. The following provision was added in 2003:

Notwithstanding any other law, [section 13-3108] does not authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of [section 13-3108], a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.

Additionally, Section 17-602(A) states that outdoor shooting range noise standards are a matter of statewide concern, and provides that city, town, county and any other state noise standards are preempted as applied to outdoor shooting ranges. Section 17-605(A) states that compliance with Arizona Revised Statutes Title 17, Chapter 6, Article 1 is an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution from an outdoor shooting range.

Finally, Arizona Revised Statutes § 12-714(A) states that “[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court” against a firearms manufacturer or seller.

For further information about preemption in this state, contact the Law Center directly.

 

  1. 2010 Ariz. ALS 19, codified as Ariz. Rev. Stat § 13-3108(D). []
  2. 2010 Ariz. ALS 19. []
  3. Ariz. Rev. Stat § 13-3108(C). []
  4. Op. Ariz. Att’y Gen. I78-274, 1978 Ariz. AG LEXIS 16 (Nov. 3, 1978). []
  5. 971 P.2d 207 (Ariz. Ct. App. 1998), superseded by statute, 2010 Ariz. ALS 19. []
  6. Rineer, 971 P.2d at 210. []
  7. Rineer, 971 P.2d at 210. []
  8. 2010 Ariz. ALS 19. []
  9. 47 P.3d 672 (Ariz. Ct. App. 2002), superseded by statute, 2003 Ariz. ALS 162 § 1. []
  10. McMann, 47 P.3d at 674. []
  11. Id. at 678. []

Arizona State Law Summary

Posted on Friday, May 8th, 2015

arizona

arizona

Among other things, Arizona does not:

In 2013, Arizona had the 15th highest number of gun deaths per capita among the states. In addition, based on data published by Mayors Against Illegal Guns (“MAIG”), Arizona had the 13th highest rate of crime gun exports among the states – meaning that crime guns originally sold in Arizona were recovered after being used in crimes in other states at the 13th highest rate among the states.  According to MAIG, Arizona is also one of the top three source states for U.S. guns that are recovered after being used in a crime in Mexico. When population is taken into account, Arizona has the highest rate of crime gun exports to Mexico of any state.
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Guns in Vehicles in Arizona

Posted on Thursday, May 7th, 2015

Arizona’s 2010 law regarding the carrying of concealed weapons eliminated the requirement of a concealed weapons permit for a person who carries a concealed weapon within his or her immediate control in or on a means of transportation in Arizona.1 The person must be age 21 or older, and the person must accurately answer if a peace officer, who is detaining the person based on reasonable suspicion of an offense, asks whether he or she is carrying a concealed weapon.2 However, even these requirements do not apply to a weapon carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.3

Arizona enacted a law in 2009 that limits property owners’ ability to prevent the presence of firearms in parking lots on their properties. According to the new law, a property owner, tenant, public or private employer or business entity may not establish, maintain, or enforce a policy or rule that prohibits lawfully transporting or storing a firearm in a locked motor vehicle or in a locked compartment on a motorcycle, so long as the firearm is not visible from the outside.4

  1. 2010 Ariz. ALS 59 § 2, codified as Ariz. Rev. Stat. § 13-3102(A)(2) and (H). []
  2. Ariz. Rev. Stat. § 13-3102 (A)(1)(b), (M). []
  3. Ariz. Rev. Stat. § 13-3102(B)(3)(e). []
  4. 2009 Ariz. ALS 177, codified as Ariz. Rev. Stat. § 12-781. The property owner, tenant, public or private employer or business entity may, however, prohibit firearms in a parking lot, parking garage or other area designated for parking motor vehicles that: 1) is secured by a fence or other physical barrier; 2) limits access by a guard or other security measure; and 3) provides temporary and secure firearm storage. The storage must be monitored and readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises. Id. Alternatively, the property owner, tenant, public or private employer or business entity may provide alternative parking in a location reasonably proximate to the primary parking area for individuals who desire to transport or store a firearm in the individual’s motor vehicle, so long as it does not charge an extra fee for such parking. Id. []

Guns in Schools in Arizona

Posted on Thursday, May 7th, 2015

Arizona prohibits the possession of a firearm on the grounds of any public or nonpublic kindergarten program, common school or high school, except for use in a program approved by the school.1 However, an adult may carry an unloaded firearm within a means of transportation on school grounds, provided that if the adult leaves the means of transportation, the firearm must not be visible from the outside, and the means of transportation must be locked.2 In addition, the governing board of a school district must prescribe and enforce policies and procedures prohibiting weapons on school grounds without specific authorization from the school administrator.3

Arizona administrative regulations govern the possession of firearms on the grounds of state colleges and universities.4

See our Guns in Schools Policy Summary for further information.

  1. Ariz. Rev. Stat. § 13-3102(A)(12), (H), (M)(4). []
  2. Ariz. Rev. Stat. § 13-3102(H). []
  3. Ariz. Rev. Stat. § 15-341(A)(23). []
  4. Ariz. Admin. Code § 7-4-102(3). []

Other Location Restrictions in Arizona

Posted on Thursday, May 7th, 2015

In 2009, Arizona enacted a law allowing concealed weapons permit holders to carry handguns into the premises of a licensed bar or restaurant that serves alcohol unless the alcohol licensee has posted a sign that clearly prohibits the possession of weapons on the licensed premises. The sign must meet certain requirements.1

This law was subsequently amended in 20132 to eliminate the concealed weapons permit requirement for carrying a concealed handgun into the premises of an alcohol licensee.  Ariz. Rev. Stat. § 4-229(A) now states, “A person may carry a concealed handgun on the premises of a [bar or restaurant licensed to serve alcohol] unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises.”

Note, however, that Arizona’s laws on this matter appear contradictory. Arizona lawmakers have not amended Section 4-244(29), which still states that it is generally unlawful for a person other than a peace officer or the owner or authorized employee of an alcohol licensee “to be in possession of a firearm while on the licensed [business'] premises,” except in the case of “a person with a permit issued pursuant to [the CCW permitting law] who carries a concealed handgun on the licensed premises. . . .”  Section 4-244(30) also still makes it generally unlawful for the owner or employee of such alcohol licensees to knowingly permit a person in possession of a firearm to remain on the business’ premises, except if the person is a peace officer or “a person with a permit issued pursuant to [the CCW permitting law]. . . .”

Notwithstanding these contradictions, Arizona law does prohibit anyone, including a concealed weapons permit holder, from consuming alcohol while in possession of a firearm on the premises of an alcohol licensee business.3

Arizona law also prohibits possession of a firearm:

  • In an election polling place on the day of any election;4
  • On the person or within the immediate control of any person in a nuclear or hydroelectric generating station;5
  • In any “public establishment,” or while attending any “public event,” after a reasonable request to remove the weapon and place it in the custody of the operator of the establishment or sponsor of the event for temporary and secure storage.6 (“Public establishment” means a structure, vehicle or craft owned, leased or operated by the state or a political subdivision.7 “Public event” means an event of limited duration conducted by a public entity or a private entity with a permit or license granted by a public entity);8 or
  • On the grounds of a jail or correctional facility or a secure care facility under the jurisdiction of the Department of Juvenile Corrections.9

State administrative regulations may prohibit the carrying of firearms in additional locations.

 

  1. 2009 Ariz. ALS 175 §§ 2, 3, codified as Ariz. Rev. Stat. §§ 4-229(A), (B), (E), 4-244(29)(C), (30)(C). The department of liquor licenses and control prepares the signs and makes them available at no cost to licensees. Ariz. Rev. Stat. § 4-229(D). The law also provides affirmative defenses if:
    • The person was not informed of the notice prior to the violation;
    • The sign had fallen down at the time of the violation; or
    • At the time of the violation, the sign had been posted for thirty days or less.  Ariz. Rev. Stat. § 4-229(C). []
  2. See 2014 Ariz. ALS 253 § 25. []
  3. 2009 Ariz. ALS 175 § 3 (codified as Ariz. Rev. Stat. § 4-244(31).  This section has a minor exception to permit “the consumption of small amounts of spirituous liquor by an undercover peace officer on assignment to investigate the licensed establishment.” []
  4. Ariz. Rev. Stat. § 13-3102(A)(11). []
  5. Ariz. Rev. Stat. § 13-3102(A)(11). []
  6. Ariz. Rev. Stat. § 13-3102(A)(10). Unless the operator or sponsor is licensed to manufacture, sell, or deal in liquor, the storage must be readily accessible on entry and allow for the immediate retrieval of the weapon on exit from the establishment or event. Ariz. Rev. Stat. § 13-3102.01. []
  7. Ariz. Rev. Stat. § 13-3102(M)(2). []
  8. Ariz. Rev. Stat. § 13-3102(M)(3). []
  9. Ariz. Rev. Stat. §§ 13-2505, 13-2514, 31-129. []

Concealed Weapons Permitting in Arizona

Posted on Thursday, May 7th, 2015

See our Concealed Weapons Permitting Policy Summary for a comprehensive discussion of this issue.

On April 16, 2010, Arizona’s governor signed into law a bill that allows any individual aged 21 or over to carry a firearm concealed on his or her person in public without a license or permit.1 (Prior Arizona law required concealed weapon holders to apply for a permit, pass a background check, and obtain firearms safety training.) The only requirement is that the person must accurately answer if a peace officer, who is detaining the person based on reasonable suspicion of an offense, asks whether he or she is carrying a concealed weapon.2

Nevertheless, as described below, Arizona’s permitting system remains in place.  Holders of Arizona concealed weapons permits are allowed to carry concealed weapons in some other states, and an Arizona concealed weapons permit exempts the holder from the federal requirement of a background check prior to purchase of a firearm.

For those who seek concealed weapons permits for these purposes, Arizona is a “shall issue” state. The Arizona Department of Public Safety (“DPS”) must issue a permit to carry a concealed weapon if the applicant:

  • Is an Arizona resident or United States citizen;
  • Is age 21 or older;
  • Is not under indictment for and has not been convicted in any jurisdiction of a felony;
  • Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution;
  • Is not unlawfully present in the United States; and
  • Satisfactorily demonstrates competence with a firearm, as described below.3

DPS must revoke or suspend a permit if the holder has become ineligible.4

Firearm Safety Training

Arizona’s 2010 law regarding the carrying of concealed weapons eliminated the specific requirements for the content of firearms safety training courses. (Prior Arizona law required the course to address, among other things, legal issues relating to the use of deadly force, and the safe handling and storage of weapons.) A 2011 law further reduced oversight of firearm training programs by the state and allows applicants for concealed weapon permits to obtain instruction from NRA-certified instructors that have not been approved by the Department of Public Safety. An applicant for a concealed weapons permit may now demonstrate competence with a firearm through any one of the following:

  • Completion of any firearms training course approved by the Department of Public Safety;
  • Completion of any hunter education or hunter safety course approved by the Arizona Game and Fish Department or a similar agency of another state;
  • Completion of any National Rifle Association firearms safety or training course;
  • Completion of any firearms training course conducted by a Department of Public Safety-approved or National Rifle Association-certified instructor;
  • Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States Armed Forces;
  • A valid current or expired concealed weapon, firearm or handgun permit or license issued by another state or a political subdivision of another state that has a training or testing requirement
    for initial issuance; or
  • Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.5

Duration & Renewal

A concealed weapons permit is valid for five years.6 Permits are renewable for five-year periods, but applicants must undergo a new criminal history record check.7

Disclosure or Use of Information

Arizona does not allow the personal application or permit information of concealed weapons permit holders to be made public.8 DPS does, however, maintain a computerized permit record system that is accessible to criminal justice agencies who may use it to determine the permit status of a person who claims to hold a valid permit in Arizona only if the agency or other entity 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. This information and any other records that are maintained regarding applicants, permit holders, or firearms safety instructors are not available to any other person or entity except by order from a state or federal court.9

DPS is also required to maintain information comparing the number of permits requested, issued, and denied, and must report these figures annually to the governor and the legislature.10

Reciprocity

Arizona recognizes concealed weapon, firearm, or handgun permits or licenses issued by other states if the permit or license is recognized as valid in the issuing state, and the permit or license holder:

  • Is legally present in Arizona; and
  • Is not legally prohibited from possessing a firearm in Arizona.11

However, even when these requirements are met, the person with a concealed weapons permit from another state may not carry a concealed weapon in Arizona if the person is under 21 years of age, or is under indictment for, or has been convicted of, a felony in any jurisdiction, unless the conviction has been expunged, set aside or vacated, or the person’s rights have been restored.12

Arizona law requires the Department of Public Safety to enter into a written reciprocity agreement with another state only if that state requires the agreement for establishing mutual permit or license recognition.13

  1. Ariz. Rev. Stat. § 13-3102(A). []
  2. Ariz. Rev. Stat. § 13-3102(A)(1)(b), (M). []
  3. Ariz. Rev. Stat. § 13-3112. See Ariz. Rev. Stat. § 13-3112 and Arizona Administrative Code §§ 13-9-101—13-9-402 for additional application and background check requirements, as well as permit suspension or disqualification information. []
  4. Ariz. Rev. Stat. § 13-3112(M). []
  5. Ariz. Rev. Stat. § 13-3112(E)(6), (N). []
  6. Ariz. Rev. Stat. § 13-3112(I). []
  7. Ariz. Rev. Stat. § 13-3112(K). []
  8. Ariz. Rev. Stat. § 13-3112(J). []
  9. Id. []
  10. Ariz. Rev. Stat. § 13-3112(O). []
  11. Ariz. Rev. Stat. § 13-3112(Q). []
  12. Ariz. Rev. Stat. § 13-3112(S). []
  13. Ariz. Rev. Stat. § 13-3112(R). []

Immunity Statutes in Arizona

Posted on Thursday, May 7th, 2015

Arizona prohibits political subdivisions of the State from bringing civil actions for damages against manufacturers or sellers of non-defective firearms or component parts of firearms or ammunition when the civil action results from the criminal or unlawful misuse of such products by a third party. This rule does not prevent actions against persons convicted of knowingly transferring a firearm illegally by a party directly harmed by this conduct.1

Arizona provides an affirmative defense to any civil liability or claim for equitable relief arising from noise or noise pollution from an outdoor shooting range that is in compliance with Arizona law.2

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.

See our Immunity Statutes Policy Summary for further information.

 

  1. Ariz. Rev. Stat. § 12-714(A) states that “[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court.” “Qualified civil liability action” is defined as “a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party.” Ariz. Rev. Stat. § 12-714(C)(2). This does not include an action brought against a transferor convicted under 18 U.S.C. § 924(h) or Ariz. Rev. Stat. § 13-3102(A)(14) by a party directly harmed by the conduct of which the transferee is convicted. Ariz. Rev. Stat. § 12-714(C)(2). Under Ariz. Rev. Stat. § 12-714(C)(3), “qualified product” means a non-defective firearm as defined in 18 U.S.C. § 921(a)(3) or non-defective ammunition as defined in 18 U.S.C. § 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. “Seller” includes a person who, in the course of a business conducted for that purpose, is involved in placing a qualified product in the stream of commerce. Ariz. Rev. Stat. § 12-714(C)(4). “Seller” also includes a person who repairs or maintains any aspect of a qualified product. Id. []
  2. Ariz. Rev. Stat. § 17-605(A). []

Locking Devices in Arizona

Posted on Wednesday, May 6th, 2015

Arizona does not require that locking devices be included with each firearm sold, although federal law applies.

Arizona also does not require firearm owners to utilize locking devices. However, in order to be listed with Arizona’s child care resource and referral system, an unlicensed child care provider must separately store firearms and ammunition under lock and key or combination lock.1 State administrative regulations may also govern the storage of firearms in a number of other locations.

See our Locking Devices Policy Summary for a comprehensive discussion of this issue.

  1. Ariz. Rev. Stat. §§ 41-1967(E)(7), 41-1967.01(I). []

Personalized & Owner-Authorized Firearms in Arizona

Posted on Wednesday, May 6th, 2015

Arizona does not require firearms to be personalized.

See our Personalized & Owner-Authorized Firearms Policy Summary for a comprehensive discussion of this issue.