Arizona’s gun laws represent a unique intersection of constitutional rights, state regulations, and federal requirements that gun owners and prospective buyers must navigate carefully. As one of the most permissive states regarding firearms, Arizona offers significant freedoms while still maintaining specific legal boundaries that can have serious consequences if violated. Understanding these laws is essential for responsible gun ownership, whether you’re a longtime resident or new to the state.
The landscape of Arizona gun legislation has evolved considerably over the past two decades, with major shifts toward permitless carry and expanded ownership rights. However, this permissive environment doesn’t mean there are no restrictions—certain individuals are prohibited from owning firearms, specific locations remain off-limits for weapons, and particular circumstances can result in criminal charges. This comprehensive guide explores the critical aspects of Arizona gun laws from a legal perspective, helping you understand your rights and responsibilities.
Arizona’s Constitutional and Statutory Framework
Arizona’s approach to gun rights is deeply rooted in both the U.S. Constitution’s Second Amendment and the Arizona Constitution’s Article 2, Section 26, which explicitly protects the right to bear arms for lawful purposes. This dual constitutional protection has made Arizona one of the strongest pro-gun states in the nation. The Arizona Legislature has consistently enacted legislation that expands rather than restricts gun ownership rights.
The foundational statute governing firearms in Arizona is Arizona Revised Statutes (A.R.S.) § 13-3101 et seq., which outlines weapons offenses and regulations. In 2010, Arizona became a constitutional carry state, eliminating the requirement to obtain a permit before carrying a concealed handgun. This landmark change meant that law-abiding citizens could carry firearms without government permission, though permits remain available for those who want them—primarily for reciprocal recognition in other states.
Understanding Arizona’s legal framework requires recognizing that the state has preempted local gun control measures. Cities and counties cannot enact stricter gun regulations than state law allows, which means that Phoenix, Tucson, and other municipalities cannot impose their own licensing requirements or bans. This preemption ensures uniform gun laws across Arizona, preventing a patchwork of regulations.
Permitless Carry and Open Carry Rights
Arizona residents and visitors enjoy the right to carry firearms openly without any permit or permission from the state. This constitutional carry provision applies to both handguns and long guns in most public spaces. Open carry—where a firearm is visibly displayed on your person—is completely legal and requires no special authorization or licensing.
The permitless carry law applies to anyone legally allowed to possess firearms, meaning you don’t need a government-issued permit to carry a concealed handgun either. This is a significant distinction from many other states where concealed carry requires special permits and background checks. However, this freedom is not unlimited—certain locations remain prohibited, and specific conduct with firearms can still result in criminal charges.
Arizona law does not require a waiting period for firearm purchases, nor does it mandate training before carrying. This differs substantially from states with more restrictive regimes. However, the absence of mandatory training doesn’t mean carrying without training is wise—responsible gun owners often pursue professional instruction to ensure safe handling and legal compliance.
For those traveling to other states, Arizona offers optional concealed carry permits through the Department of Public Safety. While not required in Arizona, these permits facilitate reciprocal recognition in approximately 30 other states that honor Arizona permits. The application process is straightforward and relatively inexpensive, making permits valuable for travelers and those who want official documentation of their right to carry.
Prohibited Persons and Disqualifications
Despite Arizona’s permissive gun laws, certain individuals are absolutely prohibited from possessing firearms. Understanding these disqualifications is crucial because violations can result in serious criminal penalties, including felony charges. The prohibited categories include individuals convicted of felonies, domestic violence offenses, and certain misdemeanors.
Federally, anyone convicted of a felony cannot legally possess firearms under 18 U.S.C. § 922(g). Additionally, individuals subject to domestic violence restraining orders are prohibited from possessing guns. Arizona law mirrors these federal prohibitions and adds its own state-specific disqualifications. Someone convicted of any felony in Arizona—whether violent or non-violent—loses firearm rights unless and until those rights are restored through legal process.
Arizona also prohibits firearm possession for individuals adjudicated mentally ill or committed to a mental health institution. Additionally, those subject to protective orders related to domestic violence, stalking, or harassment cannot legally possess firearms. Violating these prohibitions constitutes a serious felony offense with mandatory prison time.
Persons with certain misdemeanor convictions are also prohibited. Notably, anyone convicted of any misdemeanor involving domestic violence—including simple assault against a family member—becomes a prohibited person. This is a federal prohibition that Arizona enforces strictly. Understanding your criminal history and its impact on firearm eligibility is essential before attempting to purchase or carry guns.
Non-citizens without legal status in the United States cannot legally possess firearms. Additionally, individuals subject to court orders prohibiting contact or those deemed to pose a threat to themselves or others may face firearm restrictions through civil processes.
Concealed Carry Permits and Requirements
While Arizona doesn’t require permits for concealed carry, the state offers optional permits through the Department of Public Safety. These permits are valuable for interstate travel and cost approximately $50 for a five-year permit. The application process requires fingerprinting and a background check, which all applicants must pass.
To qualify for an Arizona concealed carry permit, you must be at least 21 years old (or 19 if you’re active military) and legally able to possess firearms. The background check screens for disqualifying factors like felony convictions, domestic violence convictions, and restraining orders. Unlike some states, Arizona doesn’t require proof of training, citizenship, or residency to obtain a permit.
Arizona permits are issued on a shall-issue basis, meaning authorities must issue permits to all qualified applicants. This differs from discretionary-issue states where officials have subjective authority to deny applications. The permit itself is a physical card that demonstrates your right to carry concealed weapons—valuable documentation when traveling to reciprocal states.
Permits are valid for five years and can be renewed by mail or in person. Out-of-state residents can obtain Arizona permits, making Arizona a popular choice for gun owners nationwide seeking reciprocal carry rights. The permit application process is relatively quick, typically processed within several weeks.
Restricted Locations and Gun-Free Zones
While Arizona allows broad firearm carry rights, specific locations remain off-limits for weapons. Federal law prohibits firearms in certain facilities regardless of state law, and Arizona law adds its own restricted areas. Understanding these locations is essential for legal compliance.
Federal buildings, courthouses, and federal offices are gun-free zones where firearms are absolutely prohibited. Similarly, airports beyond security checkpoints prohibit firearms, though unloaded firearms can be transported in checked baggage with proper procedures. Schools and school grounds are off-limits—this includes public schools, private schools, and school buses. Violation of school firearm prohibitions is a serious felony.
Mental health facilities, psychiatric hospitals, and certain medical facilities restrict firearms. Bars and liquor-serving establishments present a gray area—while you can carry in a bar, discharging a weapon while intoxicated is illegal, and specific regulations apply to licensed bars.
Private property owners can prohibit firearms on their premises. Entering a private business or residence where firearms are prohibited constitutes trespassing if you’re armed. Always check for signage or ask business owners about their firearm policies before entering.
Government buildings may restrict firearms, though Arizona law limits such restrictions. Many courthouses, administrative buildings, and law enforcement facilities prohibit weapons. Prisons, detention facilities, and correctional institutions absolutely prohibit inmate firearm possession.
Arizona law prohibits carrying firearms while under the influence of alcohol or drugs—driving while armed and intoxicated can result in DUI charges plus additional firearm offenses. Additionally, threatening or brandishing firearms in a manner that creates fear is illegal regardless of the firearm’s location.
Purchasing and Transfer Regulations
Arizona firearms purchases involve both state and federal requirements. All firearm sales through licensed dealers require federal background checks conducted through the National Instant Criminal Background Check System (NICS). This process typically takes minutes but can take up to three business days.
Licensed dealers must comply with federal Form 4473 requirements, which document the buyer’s identity, residence, and eligibility. Knowingly providing false information on this form is a federal crime. Arizona law doesn’t add additional state-specific background check requirements beyond federal standards, though some local law enforcement agencies may request additional information.
Private sales between individuals in Arizona don’t require background checks or permits under state law. However, federal law prohibits certain individuals from possessing firearms regardless of how they obtain them. If you’re buying from a private party, ensuring the seller is legally allowed to sell and that you’re legally allowed to purchase is your responsibility.
Arizona has no waiting period between purchase and possession of firearms. Once you pass the background check, you can take possession immediately. This differs from states with mandatory waiting periods designed to prevent impulsive violence.
Out-of-state purchases present complications. Federal law requires that long gun purchases from out-of-state dealers be shipped to Arizona-licensed dealers for transfer. Handgun purchases must follow similar procedures. Attempting to transport firearms across state lines without proper procedures violates federal law.
Specific Firearm Restrictions
While Arizona allows broad firearm ownership, certain weapon types face restrictions. Fully automatic weapons manufactured after 1986 are prohibited for civilian possession under federal law. Pre-1986 automatic weapons can be possessed with proper federal registration and tax stamps, but this involves complex federal procedures.
Silencers and suppressors are legal to own in Arizona under federal and state law, though federal registration and tax stamps apply. Short-barreled rifles and shotguns (barrels shorter than specified lengths) are federally regulated and require registration and tax stamps.
Arizona doesn’t restrict magazine capacity, so high-capacity magazines are legal. The state also permits armor-piercing ammunition, though using such ammunition in a manner that threatens others is illegal. Hollow-point ammunition, commonly used for self-defense, is legal.
Exotic weapons like flamethrowers or certain explosives face federal restrictions that Arizona enforces. Weapons of mass destruction are absolutely prohibited. Improvised explosive devices and unregistered destructive devices violate both state and federal law.
Arizona law allows the manufacture of firearms for personal use under federal guidelines, though this complex area requires careful compliance with federal regulations. Manufacturing firearms for sale without proper federal licensing is illegal.
Penalties and Legal Consequences
Violating Arizona gun laws carries serious criminal penalties ranging from misdemeanors to felonies depending on the offense. Understanding the distinction between felony and misdemeanor charges helps clarify potential consequences.
Carrying firearms in prohibited locations like schools can result in felony charges with mandatory prison sentences. Prohibited persons possessing firearms face Class 4 felony charges, carrying 1-3 years imprisonment. Discharging firearms in city limits or in a reckless manner constitutes aggravated assault or endangerment, serious felonies.
Threatening with a firearm, even without intent to use it, violates Arizona’s aggravated assault statutes and can result in felony conviction. Brandishing—displaying a firearm in a threatening manner—is a misdemeanor that can escalate to felony charges depending on circumstances.
Using a firearm while under the influence combines DUI charges with firearm offenses, resulting in enhanced penalties. Providing firearms to prohibited persons is a felony offense. Failing to secure firearms in a manner that allows unauthorized access, particularly by minors, can result in criminal charges.
Falsifying background check information is a federal crime carrying up to 10 years imprisonment. Straw purchases—buying firearms for prohibited persons—violate both state and federal law with serious felony penalties.
Civil liability also applies. Using firearms in self-defense situations that exceed legal justification can result in both criminal prosecution and civil lawsuits. Understanding when your legal rights to use force apply is essential.
FAQ
Do I need a permit to carry a gun in Arizona?
No. Arizona is a constitutional carry state, meaning you can carry firearms openly or concealed without a permit. However, optional permits are available through the Department of Public Safety for those traveling to other states.
Can I carry a gun in my car in Arizona?
Yes. Arizona law allows firearms in vehicles without permits. You can carry openly or concealed in your car legally. However, federal law prohibits firearms in certain federal buildings and on certain federal property.
What is the age requirement for firearm possession in Arizona?
Federal law prohibits licensed dealers from selling handguns to anyone under 21 and long guns to anyone under 18. Private sales may have different age restrictions, though it’s illegal to knowingly sell to minors. For concealed carry permits, you must be 21 (or 19 if active military).
Can convicted felons own guns in Arizona?
No. Federal law prohibits anyone convicted of any felony from possessing firearms. This prohibition is permanent unless rights are restored through legal process, which is difficult in Arizona.
What happens if I carry a gun in a prohibited location?
Carrying firearms in schools, federal buildings, or other prohibited areas can result in felony charges with mandatory prison sentences. The specific penalty depends on the location and circumstances.
Are there any restrictions on firearm types in Arizona?
Arizona allows most firearm types. Fully automatic weapons made after 1986 are prohibited. Silencers and short-barreled rifles require federal registration. High-capacity magazines are legal.
Do I need a background check to buy a gun in Arizona?
Licensed dealers must conduct federal background checks on all sales. Private sales don’t require background checks under Arizona law, though federal law prohibits certain individuals from possessing firearms regardless of how obtained.
Can I carry a gun while drinking alcohol in Arizona?
You can carry a firearm in establishments that serve alcohol, but carrying while intoxicated is illegal. If stopped by law enforcement while armed and intoxicated, you can face DUI charges plus firearm offenses.
What’s the difference between open carry and concealed carry in Arizona?
Open carry means visibly displaying a firearm on your person. Concealed carry means carrying hidden from view. Both are legal in Arizona without permits, though concealed carry permits are available for reciprocal recognition in other states.
Are there waiting periods for firearm purchases in Arizona?
No. Arizona has no waiting period between purchase and possession. Once you pass the background check, you can take possession immediately.
