Arizona is known for some of the most permissive gun laws in the country. Although purchasing and legally carrying a firearm is fairly simple, this does not mean there are no rules governing the carrying of concealed weapons.
For Arizona residents above 21 who are not “prohibited possessors,” owning a firearm is a right – but it’s one that must be handled with care. Firearm owners must prioritize safety and abide by the laws. Violating Arizona concealed carry laws puts yourself and others at risk and may ultimately lead to criminal charges and other serious penalties.
Arizona as a “Constitutional Carry” State
Arizona is a “Constitutional Carry” state, meaning that a permit is not required to carry a loaded or unloaded firearm, whether open carry or concealed. In 2010, the Arizona Senate passed Senate Bill 1108, which states that any individual aged 18 years or older and without one of a few prohibiting circumstances, may carry a firearm without a permit, so long as it is not concealed; those over 21 may carry a concealed firearm. Additionally, the Bill states that individuals are not required to inform an officer that they are carrying a weapon, unless asked.
Although a permit is not a requirement to own a firearm, Arizonans may still choose to apply for a Concealed Weapons Permit. A permit may prove useful in the event that you wish to have a concealed firearm on your person when traveling to other states, or in particular areas, such as a bar where alcohol is served. Keep in mind that there are certain locations where concealed carry is not permitted.
A permit may also be obtained via reciprocity. Arizona acknowledges permits for concealed firearms or licenses that are out-of-state as long as those licenses or permits are valid in the state in which it was issued. Other requirements include that the license or permit holder be legally in the state of Arizona and is legally permitted to own or possess a firearm (ARS 13-3112).
Those with a concealed carry permit from out of state who may not be allowed to carry concealed in Arizona include:
Common reasons include:
- Individuals under 21 years old
- Individuals under indictment for a felony or convicted of a felony (except when the conviction has been set aside or their rights have been restored) are prohibited from concealed carry in Arizona (ARS 13-3112).
In accordance with Arizona law, the Department of Public Safety must become part of a written reciprocity agreement with the state that issued the permit or license, if that state requires that an agreement be made (ARS 13-3112).
Who Qualifies for Concealed Carry in Arizona?
Any individual who is 18 years old is allowed to openly carry a gun as long as they meet the Arizona firearm legal requirements. The phrase “open carry” is legally defined as carrying a weapon in such a way that the holster or gun can be seen. Individuals 21 or older who are legally permitted to own a firearm may open carry or carry it concealed without needing to obtain a permit, license, or registration.
Persons wishing to apply for an official Concealed Firearm Permit must meet specific requirements, including status as a current Arizona resident and a U.S. citizen.
They must also meet the following standards:
Common reasons include:
- The individual has no felony convictions and is not facing an indictment for a felony
- The individual is not struggling with a mental illness, determined to be mentally incompetent, or placed within a mental institution,
- The individual is a legal citizen of the United States.
- The individual can prove that they are competent with a gun by completing certain training courses
Certain individuals are considered “prohibited possessors” who may not carry a weapon if the following is true, in accordance with ARS 13-3102:
Common reasons include:
- The individual is determined to be a danger to themselves
- The individual has a felony conviction
- The individual is serving a prison sentence
- The individual is on probation due to a domestic violence conviction or other felony charge
- The individual is an undocumented or non-immigrant alien
- The individual is carrying a weapon while committing a drug offense
Where Concealed Carry Is Restricted
While it is permissible to conceal carry in most areas, there are concealed carry restrictions in Arizona that note specific areas where individuals may not conceal carry.
These areas include:
- Government buildings
- Polling stations during elections
- Nuclear power stations
- Indian reservations
- Airports, unless it is a firearm that meets transportation regulations
- Military installations
- Correctional institutions
- National parks, with the exception of specific state laws that allow concealed carry in some areas
- Private property with posted signs prohibiting weapons
Firearms in a Bar or Restaurant Serving Alcohol
Generally, individuals may not carry a concealed firearm in a bar or restaurant that serves alcohol. However, individuals who have a concealed weapons permit may carry a firearm into a bar or restaurant that holds a license to serve alcohol unless the establishment has posted a clearly visible sign in a conspicuous place that expressly forbids concealed carry. Under no circumstances are concealed weapons permit holders to consume alcoholic beverages while carrying a firearm (ARS 4-244).
Firearms on School Grounds
Individuals without a concealed weapons permit may not carry weapons on public, private, or parochial school grounds, from preschool to high school campuses. A few exceptions apply to public schools, which are outlined in ARS 13-3102.
These include:
- Firearms left unloaded in a locked vehicle
- Firearms approved by the school for use in a program
- Firearms concealed by a certified individual under the Law Enforcement Officers Safety Act (ARS 13-3102)
It is important to note that the State of Arizona dictates in A.R.S. § 15-341(A)(23) that public school boards must create policies that prohibit firearms from school grounds, which means that schools enforce a weapons ban against both concealed weapons permit and non-permit carriers. However, no such policy exists for private and parochial schools, so concealed weapons permit holders may be able to carry on these campuses unless the school upholds a policy against all firearms on campus.
Similarly, concealed carry is generally allowed on college campuses, unless the campus restricts weapons under its own institutional policy.
Federal Restrictions
Throughout the United States, it is illegal to carry a firearm if the person is not permitted by federal law. Most individuals affected by these laws include convicted felons or those under indictment for a felony.
Additionally, it is not legal to carry a firearm into secured locations of an airport. Federal courthouses also do not allow concealed carry. Most state courthouses, however, do allow concealed carry as long as the individual is not a prohibited possessor.
Penalties for Violating Concealed Carry Laws
While Arizona has more lenient concealed carry laws than most states, there are certainly penalties for violating the policies in place. These penalties can have a devastating effect on your finances, professional licensure, and reputation – and even your freedom. Learn more about what triggers concealed carry violations and the related penalties:
How Are Violations Defined?
Any violations of the above laws can result in concealed carry penalties in Arizona, with the most common being Misconduct Using a Weapon. Misconduct using a weapon covers a wide variety of situations in which it is considered illegal to have a deadly weapon.
Under ARS 13-105, a “deadly weapon” is defined as any thing that has been created for lethal use, including firearms (ARS 13-105). It’s important to note that deadly weapons are not defined in the same way as “dangerous instruments,” and it is crucial to evaluate the circumstances in which the object is used to cause severe bodily damage or result in death (ARS 13-105). Often, “dangerous instruments” are not used as they were designed. Deadly weapons are only referenced under ARS 13-3102.
The classification of penalties for misconduct with weapons hinges on several factors. The law, ARS 13-3102, defines misconduct with a weapon, outlines various offenses, and classifies them as misdemeanors or felonies.
Felonies
These concealed carry violations can result in a felony:
- Carrying a deadly weapon to commit an offense, which results in a Class 6 felony
- Creating, transporting, or owning an illegal weapon, which results in a Class 4 felony
- Possessing a deadly weapon despite being a prohibited possessor, which is a Class 4 felony
- Defacing a deadly weapon or possessing a defaced weapon, both Class 6 felonies.
- Firing a weapon toward an occupied dwelling as a part of gang activity, which is a Class 3 felony
- Giving someone a weapon that allows them to commit a felony, which results in a Class 3 felony.
- Using a deadly weapon to commit a terrorist act, which is a Class 2 felony.
Misdemeanors
These concealed carry violations can result in a misdemeanor:
- Failing to tell a police officer that you possess a deadly weapon, which results in a Class 1 misdemeanor
- Possessing a deadly weapon while under the age of 21, which is a Class 3 misdemeanor
- Possessing a deadly weapon while at a polling location, which results in a Class 1 misdemeanor
- Carrying a deadly weapon while on a school campus, which can result in either a Class 1 misdemeanor or a Class 6 felony
- Refusing to remove your weapon in a public place when asked, which can result in a Class 1 misdemeanor
Consequences
The consequences resulting from a penalty depend on whether the crime is considered a felony or a misdemeanor.
First offense felonies usually result in jail sentences varying by class:
- Class 2: Between 3-12.5 years
- Class 3: Between 2-8.75 years
- Class 4: Between 1-3.75 years
- Class 5: Between .5-2.5 years
- Class 6: Between .33-2 years
When convicted of a felony, you will also lose your right to own firearms.
Misdemeanors also result in prison sentences along with fines.
- Class 1: Six months in jail and/or fines of $2,500
- Class 2: Four months in jail and/or fines up to $750
- Class 3: A 30-day sentence and/or fines up to $500
If you are facing charges involving a deadly weapon, it is important to speak with an attorney to understand potential penalties and helpful defense strategies.
Why Gun Charges Are More Serious Than People Think
It can be easy to assume that Arizona’s permissive concealed carry laws do not result in penalties when they are broken. However, violating these laws can have a lasting impact on your criminal record, resulting in more than just fines and/or prison time; you may also permanently lose your right to own a firearm. In certain cases, this right may be restored, but restoration requires undergoing a complex legal process without a guarantee of success.
Because weapon charges are notated on your criminal record, you may experience trouble finding employment or even keeping your current job. If a potential employer runs a background check, they may feel that a weapons charge on your criminal record makes you an unsafe choice for the job. Additionally, you may become unable to pursue certain professions, including security, teaching, and law enforcement. You may also lose certain civil rights, including your right to vote.
Having a criminal record can harm your reputation and even strain relationships with friends and loved ones. You may also have trouble finding housing, especially if you are submitting rental applications. Any additional weapons charges that you face will result in more severe consequences. For example, carrying a gun onto school grounds could result in an accidental shooting, losing the weapon due to theft, or intensifying a stressful situation involving the police, in addition to the charges triggered by the simple possession.
How a Criminal Defense Attorney Can Help
If you are facing concealed carry charges in Arizona, a skilled criminal defense attorney can help you create a tailored defense strategy pertinent to your needs. Your attorney may consider one or more of the following defenses:
Lack of Possession
The prosecution must prove that you had physical possession or control of a weapon to secure a conviction. Your attorney may provide evidence to support your claim that even though a gun was physically near you, you were not able to access it. For example, if you live in a shared apartment where a roommate owns a gun, but the gun is in a locked safe, you would not have easy access to it. This can indicate that you had no possession or control over the weapon.
Lack of Evidence
To secure a conviction, the prosecution must prove beyond a reasonable doubt that you were responsible for the crime at hand. In cases involving gun charges, challenging the evidence can be a viable defense strategy. For instance, if there is no proof of your DNA on the weapon, then your connection to it may be questionable.
Constitutional Rights Violations
If your attorney can prove your rights were violated, your criminal case could be dismissed. Authorities ignoring your right to remain silent or failing to notify you of your Miranda rights are two common examples of a violation of rights.
Finding legal representation quickly is essential when facing weapon charges, as you are likely facing serious penalties. Prosecutors will typically be very aggressive in pursuing these charges. Securing a formidable attorney who can help you form a solid defense can make all the difference in your case.
Find Legal Assistance with Your Weapons Charge in Arizona
Owning a gun is a right that many appreciate, as it provides the opportunity to protect themselves and their loved ones. However, it is extremely important to understand and adhere to the concealed carry laws, both to ensure the safety of yourself and those around you and to ensure that you retain those rights for years to come.
If you are facing a concealed carry or other weapons charge in Arizona, our skilled criminal defense attorneys can help.
Contact The Valley Law Group today for a free consultation.
Sources:
- Arizona State Legislature. (2010). Senate Bill 1108 (49th Legislature, Second Regular Session). Retrieved October 10, 2025, from https://www.azleg.gov/legtext/49leg/2r/bills/sb1108s.pdf
- Arizona Revised Statutes § 13-3112. (n.d.). Concealed weapons; qualification; application; permit. Retrieved October 10, 2025, from https://www.azleg.gov/ars/13/03112.htm
- Arizona Revised Statutes § 13-3102. (n.d.). Misconduct involving weapons; defenses; classification; definition. Retrieved October 10, 2025, from https://www.azleg.gov/ars/13/03102.htm
- Arizona Revised Statutes § 4-244. (n.d.). Unlawful acts. Retrieved October 10, 2025, from https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/4/00244.htm
- Arizona Revised Statutes § 13-105. (n.d.). Definitions. Retrieved October 10, 2025, from https://www.azleg.gov/ars/13/00105.htm
- Arizona Revised Statutes § 13-707. (n.d.). Sentence of imprisonment for misdemeanor. Retrieved October 10, 2025, from https://www.azleg.gov/ars/13/00707.htm
- Arizona Revised Statutes § 13-802. (n.d.). Fines for misdemeanors. Retrieved October 10, 2025, from https://www.azleg.gov/ars/13/00802.htm
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.