Applicants: Please allow 75 days for the processing of your permit application
New Laws Regarding Concealed Weapons Permits
Effective Sep. 30, 2009, there is a new self-defensejustification that permits the “defensive display” of a firearm “when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.” A.R.S. § 13-421. In other words, a person threatened with unlawful physical force or deadly physical force can respond with “defensive display of a firearm.”
Effective Sep. 30, 2009, a CCW permittee, or a Sheriff’s volunteer posse or reserve member who has received approved firearms training and is approved by the Sheriff to carry concealed, in addition to other on-duty law enforcement personnel, may carry a concealed firearm in establishments that serve alcohol, UNLESS the establishment posts no firearms signs as specified by statute. However, a person in possession of a firearm may not consume alcohol in such establishments (class 3 misdemeanor). A.R.S. §§4-229, 4-244.31 & 4-246(C). Entering a liquor serving establishment for a limited time with a handgun is permissible to seek emergency aid or to determine whether there is a sign prohibiting entry with a firearm. A.R.S. §4-229(F).
Defensive Display” means (1) verbally informing an aggressor that you are armed; (2) exposing or displaying a firearm in a manner that a reasonable person wouldunderstand is meant to protect against the aggressor’s use or attempted use of unlawful physical force or deadly physical force; or (3) placing your hand on a firearm that is contained in a pocket, purse or other means of containment or transport. You may not use the defensive display justification if you provoked the fight or altercation, and you may not use the defensive display justification if you are committing a “serious offense” or “violent crime” as defined by other statutes (A.R.S. §§ 13-706 and 13-901.03).
The general effective date regarding House Bill 2634 and Senate Bill 1070 is September 26, 2008.
Amendments to:
ARS 13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; training program; program instructors; report; applicability; violation; classification.
09-01-08: On September 26, 2008, the following two amendments related to CCW will become effective:
HB 2634 allows applicants who are not currently prohibited possessors under state or federal law AND whose felony convictions have been expunged, set aside, vacated, or whose rights have been restored the ability to obtain a concealed weapons permit. It also extends reciprocity to other states who issue permits under the same or similar conditions.
Federal and state laws play a significant role in determining if a record that has been expunged, set aside or vacated will allow an applicant to obtain a concealed weapons permit. Some convictions, even though they have been expunged, set aside or vacated may prevent the issuance of a concealed weapons permit because of conflict with other laws which prohibit possession of a weapon.
Additionally, reciprocal agreements with other states may be effected. The DPS Concealed Weapons Permit Unit will contact all other states to ascertain if they will enter into, or continue to honor, reciprocal agreements with Arizona. An updated reciprocity list will be posted on the CCW web page once this process has been completed. Until such time, permit holders wishing to carry concealed utilizing their Arizona CCW permit while visiting another state are responsible for contacting that state to ensure thier Arizona permit is recognized.
SB 1070 effects the length of time an applicant has to submit their application for a permit once training has been received. The new law gives the applicant five years from the time training is received to submit the application.
The new law uses the phrase “Adequate Documentation” which is defined as “a certificate, card or document of completion from an authorized firearms safety training program.” This term and its definition do NOT exempt an applicant from submitting an original Concealed Weapons Permit application which is obtained from the training organization who conducted the applicant’s training. Training organizations are required to keep class rosters for five years. Therefore, if a student must request a duplicate application, the organization must research class rosters and complete the Firearms Safety Training Program Completion Certificate section on a new application. The date the training was completed must be accurately recorded on the application and the organization must be able to produce the original class roster to verify the accuracy of the information it has recorded.
If a “current or expired permit issued by the Department” is presented as proof that the individual has previously attended the required firearms-safety training program, the applicant must also complete an original Concealed Weapons Permit application, submit two sets of classifiable fingerprints and the applicable fee required to obtain a new permit. The ‘permit’ they are presenting must be in good standing to be eligible as proof. Revoked permits will not be considered. This will NOT be considered a 'renewal' process. Applicants may request a new permit application and fingerprint cards by contacting the Concealed Weapons Permit Unit or the training organization who initially conducted the firearms-safety training.
Firearms-safety training instructors and organizations will be “Authorized” rather than “Approved” to conduct training.
Organizations on behalf of each of its instructors, may submit documentation to obtain or to renew an instructor’s authorization to provide firearms-safety training for the organization.
Note: There are no grandfather clauses related to either of the above amendments.
Applications received by the Concealed Weapons Permit unit on September 25, 2008 or earlier will be processed under the current law.
Applications received by the Concealed Weapons Permit unit on September 26, 2008 or later will be subject to the amendments contained in HB 2634 and SB 1070.
NOTE: Arizona Administrative Code (AAC) Title 13, Chapter 9, pertaining to Concealed Weapons Permits are currently in the revision process to reflect legislative changes. The CWPU will post the revised Administrative Rules on the web page as soon as they are finalized.
Carrying Concealed Firearms in National Parks and Refuges
Planning to carry a concealed firearm while visiting a National Park?
Contact the park first!
March 20, 2009
Judge: No loaded guns in national parks
Don't plan to pack your piece into a national park -- at least not yet.
Using blistering language, a federal judge on Thursday reversed an 11th hour decision by the Bush Administration to let visitors carry concealed, loaded weapons into America's national parks.
The decision was "astoundingly flawed," ruled Judge Colleen Kollar-Kotelly, of the U.S. District Court for the District of Columbia, and the Bush administration "abdicated their obligations" under the National Environmental Policy Act (NEPA).
As well, said Kollar-Kotelly, policy makers "ignored substantial information in the administrative record concerning environmental impacts."
The federal judge disagreed with what she described as the Bush administration's "tautological reasoning that the Final Rule will have no environmental impacts because it does not authorize any."
Kotar-Kotelly issued a preliminary injunction in a lawsuit against the rule, brought by the National Parks Conservation Association, the Coalition of National Park Service Retirees, and the Brady Campaign to Prevent Gun
Violence.
The loaded-gun rule was strenuously supported by firearms rights groups, despite the fact that hunting is banned in national parks. (Some subsistence hunting is permitted in Alaska parks.)
It was opposed by both active and retired National Park Service officials, who argued that gun-packing visitors would pose a danger to themselves, other visitors, and wildlife in the parks.
The regulation took effect Jan. 9, 11 days before President Bush left office. It allowed visitors to carry loaded, concealed firearms into national parks as well as national wildlife refuges.
Under a ruling that dates back to the Reagan Administration, visitors had been allowed to bring guns into parks and refuges only if they were unloaded, stored or dismantled. (Hunting is allowed, in season, in some
national wildlife refuges.)
The Justice Department attempted to block an injunction against the proposed loaded gun rule.
But Kollar-Kotelly said the Bush administration displayed a "significant misunderstanding of the obligations proposed by NEPA."
"This decision will help ensure national parks remain one of the safest places for American families and wildlife," said Bryan Faehner, associate director of the National Parks Conservation Association.
