Arizona 2009 Gun Laws

Fall is approaching and the leaves will start falling, so will the Brady score for Arizona.

This is one score where gun owners do not want to have a high score. The reason it has dropped is the gun laws that will go into effect on September 30.
Arizona Women's Shooting Associates
Here are the three new laws that will go into effect at the end of September and how the law affects you.

- CCW-permit holders can carry in places licensed to serve alcohol, unless the places post official signs from the Dept. of Liquor Licenses banning entry to anyone with a firearm.
The ban was written broadly enough to prohibit anyone from carrying if signs are posted.

If access is not banned and you possess a concealed firearm, you may not drink. If you enter you have an affirmative defense against prosecution (meaning you must prove your innocence) if you were not informed of the ban, the sign fell down, the sign was posted less than 30 days before you were charged, or you weren't a resident of the state. The exemption for going in to seek aid in an emergency has been preserved, and you have permission to go in far enough to see if there's a sign posted.

- It's unlawful for a property owner, tenant, public or private employer or business entity to create a policy or rule that prevents a person from lawfully transporting or storing any firearm in a privately owned motor vehicle if:
  1. The vehicle is locked or the firearm is in a locked compartment on a motorcycle;

2, The firearm is not visible. Any attempt to do so is null, void, unenforceable and without legal effect.

The ban on gun bans in private vehicles doesn't apply under four conditions:
  1. Possession of the firearm is already banned under federal or state law;

2. The vehicle is owned or leased by the responsible party in which case the ban is at their discretion (company vehicles);

3. The responsible party has a facility secured by a fence or other physical barrier, and also limits access by a guard or other security measure, and the responsible party provides secure storage with ready access and retrieval, similar to the gun-locker rules for public buildings and events;

4. Compliance with this statute would violate another applicable federal or state law. Nuclear generating stations must comply with gun-locker requirements.

The parking area for a single-family detached residence is exempt from this law.

- "Defensive display of a firearm" means:
  1. Verbally telling someone that you have a firearm or can get one;

2. Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force;

3. Placing your hand on a firearm while it is in your pocket, purse or other means of containment or transport.

Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person's use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.

Defensive display is not justified if you intentionally provoke the other person, or if you use a firearm in the commission of a serious offense or violent crime (defined in §13-706 and §13-901.3).

This important new law clarifies that a proper defensive reach for or announcement of firearm possession is an acceptable element in the continuum of self defense, and should not be charged as a crime. It also helps balance out the problematic and arbitrary "threatening exhibition" of a gun allegation that prosecutors can make in charging a felony as a "dangerous offense" (§13-702 and 704). The threat of this extra charge can be used to coerce a plea agreement, and now this is balanced with a specified stipulation of proper display of a gun without firing at a potential assailant.

Keep your eyes on the front sights:

Debbie Kimmick
Vice-President
NRA Certified Instructor



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