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Concealed Carry in a Church School…

June 11, 2009 AZ CCW Laws, CCW Administrative Rules, Kids and Guns Comments Off

Question: Hello, I just received my CCW permit after 52 days of waiting. (very excited) I currently work part-time at a church that has its own educational facilities and is not part of a public school building and the education rooms are for religious education of children from k-12.  I was wondering if private schooling is different than public schooling in regards to the allowance of CCW’s.  On a side-note I was given permission by the pastor and the parish manager to concealed carry.  But I would just like as much information as possible before I make my choice.  Thanks for everything!

Answer:  Congrats on getting your AZ CCW.  It is a lengthly process right now due to overwhelming response to the program since the beginning of November 2008.  Regarding carrying concealed on school grounds, state law does not permit you to carry a firearm on a school campus without the permission of the chief administrator of the school.  It does not matter if the school is public, private or parochial.  I would recommend that you get the permission in writing to avoid any confusion with other school staff on whether you are allowed to carry or not.

If you are concerned about carrying on church property when school is not in session, you should be fine, especially since you have the permission of the pastor and parish manager.

If you do carry on school property during school hours, you should be very diligent that your firearm stays concealed and is not observed by any students.  Additionally, you should take special care to insure that your firearm remains under your personal control and that no unauthorized person has access to it.

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Does AZ DPS Keep Permit Info After Permit Expiration?

Question:  If you were a previous CCW holder (AZ) and there is a lapse (many years) do you go through the whole process again?  For example, the fingerprint card.  It should still be on file with DPS correct?  Do you need to do a new card?  Thanks.

Answer: Unfortunately, the way the process works, you need to retake the training and reapply for your AZ CCW permit.  This would include submitting a new fingerprint card.  Under AZ DPS Administrative Rules, you can apply for permit renewal anytime within 90 days of your permit’s expiration date.  If you have not submitted a renewal application after having been expired for 60 days, your information is purged from the DPS database.  Arizona law permits you to submit proof of any CCW training taken within the last 5 years to satisfy the training requirement.  You also must submit a fingerprint card and an application fee of $60 payable to the Arizona Department of Public Safety.  The fee must be in certified funds (bank certified check or money order).  Personal checks are not accepted.

After your application is received, your fingerprints are submitted to the FBI and you will undergo a criminal background check.  If the results of the background check show that you have a clear criminal background, your application will be processed and your permit will be issued.  Right now, the permit issuance process is taking approximately 8 weeks from the time they receive your application.

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Processing Time for the Issuance of Arizona CCW Permits…

Question: I sent my application in for my AZ CCW on March 30th 2009.  I called the DPS on May 5th and was told that on that day (May 5th) they were working on applications that they received on March
17th. Working through the math, I would assume that sometime this upcoming week they will finally open my application and begin the process. Providing I submitted a perfect application and there are not
any errors or questions, I should receive my permit by the end of May or the beginning of June.

Let’s assume that since I have never been fingerprinted before and they need a second set of prints or the first set of prints are not legible. I have already waited 50 or so days for them to get to my application. If I need to resubmit something else (second set of fingerprint cards) what happens then? Does the entire wait process start over again and another 60 days will pass before knowing if I am approved for my permit? Can you shed any light as to how this process works?
Answer: I spoke with DPS before answering this question to make sure that I could give you accurate information.  Your math is pretty good.  Today, May 18th, they have started opening AZ CCW applications they received on March 31st and April 1st.  Based on the volume of applications being received, the current processing time for an application is approximately 60 business days.  I would suggest that you wait at least 8 weeks before calling to see if there is a problem with your application since time they spend on the phone answering questions is time they cannot spend processing applications.

If your applications has a deficiency such as illegible fingerprint cards or missing fees, the application is placed in a ‘suspense’ file and a letter is sent out noting the deficiency and asking the applicant to submit the missing fee, provide a new fingerprint card or supply whatever else might be missing.  Generally there is a thirty day time limit to submit the missing information.  Once the missing information is received by DPS, the ‘suspense’ file is pulled and processed immediately.  The applications do not ‘go to the back of the line’.

In my personal experience, the folks in the CCW Permit Unit at DPS are always helpful and committed to doing the best job possible.  They are also one of the more ‘customer service’ oriented group I’ve worked with.  With the volume of applications being received and the limited resources available it just takes a little longer to get the permits issued now than it did 6 months ago…

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Concealed Carry using an Alaska CCW permit by Active Duty Military…

Question:  I am in the Air Force and I am stationed and a resident of Alaska.  I am being stationed in Phoenix, Arizona.  I have an Alaska CCW.  I was wondering when I get to Arizona can I keep my Alaska CCW or do I have to become a Arizona resident since I will be living there even if I’m in the military and my state of residence is Alaska?  Does the training course from Alaska which is 12 hours transfer to my application for a Arizona CCW or will I have to do it all over?

Answer:  Since you are in the US Military and are being stationed here as part of your official duties, you are not required to become an Arizona resident.  You can legally carry using your Alaska CCW permit, but you must carry in compliance with Arizona law.  Unfortunately, your training in Alaska does not transfer to Arizona as far as Arizona CCW permit training is concerned.  You might still want to take the Arizona course as it will teach you Arizona law regarding use of force and where you can legally carry your firearm the course is only 8 hours can be found at a reasonable price.

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Concealed Carry by Returning Military Using an Out-of-State CCW Permit

Question:  I am in the military currently  stationed in North Dakota and have a valid North Dakota CCW permit.  Being in the military you do not have to become a resident of whatever state you are stationed in, so I never changed my residency.  I am going to be moving back to AZ which is my home of residence. I have read that if you are a resident of AZ only an AZ permit is legal. Is this 100% true? And if it is, is there any leeway such as a grace period or is my ND permit not valid once I hit the state lines?

Answer: First, I want to thank you for your service to our country and to the American people.  To answer your question, if you have maintained your Arizona residency and still have your Arizona driver license, you will need to get an Arizona permit when you return to the state.  Arizona recognizes non-resident permits from other states but does not recognize an Arizona resident carrying an out-of-state permit.  There is no ‘grace period’.  You will need to take an Arizona permit course once you return.  Right now, the application process takes from 8-10 weeks.  If you plan to be home on leave, I’d probably invest a day and get your class behind you.  Otherwise, when you get back to Arizona, you will need to take the Arizona CCW Permit course.  I hope you’ll consider giving us a call.

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Getting a copy of a NICS approval…

Question: I recently filled out the form to get approval to purchase a hand gun.   This was done at a reputable dealer.  I did not get an immediate approval as I had a 20 year old conviction which had been set aside and all rights restored.  I did get approved a day later.  However, I was able to get the gun I was interested in much cheaper through a relative who put it for me at a gun show.   What I would like to know is whether the dealer who has my approval to purchase is obligated to provide me with the approval number or whatever they received.  I have a copy of the legal document which restored my rights but other than a CCW permit is there anything I can carry to show I am not a prohibited possessor.  Thank you.

Answer: The form you filled out, the BATF 4473, is a transfer form.  It is designed to be a record of the transfer of a firearm between you and the firearms dealer.  The dealer must maintain permanent records of all transfers, whether they are approved or denied.  In your case, what happened is your earlier conviction flagged the transaction during the NICS check and it had to be turned over to an examiner to research.  That is why you had the delay in approval.  The dealer is not under any obligation to provide you with a copy of the transfer paperwork.  Honestly, it wouldn’t do you any good anyway.  Unless you have an Arizona CCW, you must undergo a NICS check each time you purchase a firearm.  The process will most likely be the same as the last time, since NICS will flag you and a NICS examiner will have to review your request.  If you get a CCW, this delay will go away as you do not need to have a NICS check done when purchasing a firerarm if you have a valid Arizona CCW permit.

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Background Check Standards for CCW Permits and Firearms Purchases

Question: Every time I fill out the “Brady Bill” form I get a little nervous during the call to get approval for purchase of a firearm. I have never been convicted let alone charged with any crime be it felony or misdemeanor with the exception of a speeding ticket. The approval always comes back quickly but makes you think back to your childhood waiting for the principal.  Anyway, if you are cleared for a firearm and the standards are the same for buying a firearm as eligibility for a CCW… if you are approved to purchase a firearm wouldn’t you be approved for a CCW? Would there be any reason for a denial for a CCW but approval to purchase a firearm?

Answer: Since this is an Arizona focused website, we’ll keep the answer specific to Arizona.  When you purchase a firearm from a federally licensed firearms dealer, you are required to undergo a NICS check and the transaction must be approved.  The NICS check is what you might generally refer to as a “negative check”.  That means they do a computerized check of your name, address and physical description and if there is no ‘match’ or ‘hit’ in the database, the transaction is approved.  If there is a ‘hit’, the transaction is delayed while an examiner looks at the details in the database and makes a determination of whether or not to ‘approve or deny’ the transaction.  Most NICS checks take less than a minute, assuming that the prospective purchaser has a clear background.

In Arizona the background check for a CCW permit check is a bit more extensive than the NICS check.  There are roughly a dozen databases that could be checked, plus your fingerprints are submitted to the FBI for verification.  This would be described as more of a “positive check” since they are checking your background, validating your identity and checking your fingerprints.

Since the background check for a CCW is more extensive that the NICS check, if you have a valid Arizona CCW permit, you can bypass the NICS check when purchasing a firearm.

To answer your final question, in Arizona, if you have no background and can pass background check to purchase a firearm, you will most likely also pass the background check for an AZ CCW permit.

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Carrying a concealed weapon on school grounds in Arizona

February 18, 2009 AZ CCW Laws, CCW Administrative Rules, Legal Issues Comments Off

Question:  According to this… can a person with a CCW carry on school grounds?  Federal Law 18 USC  922(q)(2)(B)(ii)already allows CCW permit holders to possess firearms on school property.  SB 1214 proposed changes to ARS 13-3102 to allow adults with Arizona Concealed Weapons permits (AZ CCW) to carry concealed firearms on school campuses, including colleges and universities.

Answer: The questioner is correct in stating that current Federal law does make limited exceptions regarding the possession of a firearm on school grounds.  One of those excepts includes persons with valid concealed weapons permits issued by the state where the school is located.  It is important to understand that the states have a right to enact legislation that is more limiting than Federal law regarding firearms.  In fact, most states do have more limiting laws on the books, particularly in the area of firearms on school property.

In Arizona, it is a violation of state law to have a firearm on school property.  There are some limited exceptions relating to law enforcement personnel or persons bringing firearm on to a campus for ‘instructional purposes’ with the permission of the school administration.  The only exception for Arizona CCW permit holders is that they may transit the property for the purpose of picking up or dropping off passengers and they may not leave their vehicle under this exception.  If they need to go into the school for any reason, current Arizona law requires that they leave their unloaded firearm locked inside their vehicle.  The gun must also be out of view to anyone outside the vehicle.

In Arizona, SB 1214 has not yet passed.  There is a high likelihood that it will be considered again in the current legislative session, but at present it is not law.  That means you cannot carry on school grounds unless one of these very limited exceptions applies to you.

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Minimum caliber for range qualification for AZ CCW Permit

Question:  Is there a minimum caliber requirement for the Arizona CCW Permit?

Answer: In terms of the range qualification, there is no minimum caliber requirement for the AZ CCW Permit.  You can use any caliber as long as the firearm is shooting live ammunition.  Many people will use a .22 caliber handgun for their qualification.  There is also no requirement to qualify with the handgun you intend to carry.  Many states require that you qualify with the gun you intend to carry and that gun is actually listed on the permit.  Arizona is not one of those states.  You can qualify with any firearm and after qualification and issuance of your AZ CCW Permit, carry any firearm you wish.

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AZ CCW Training Exemptions for Active Duty Military…

February 2, 2009 AZ CCW Laws, CCW Administrative Rules Comments Off

Question:  Is there an exemption for active duty military members with regards to the CCW course?  If so, what is required to receive the permit?  I am active duty and know that some states offer that as an option.  Thank you for your assistance.

Answer: Arizona does not provide an ‘exemption’ from the normal requirements for an Arizona CCW permit to active duty military, either residing in Arizona or elsewhere.  If you are interested in obtaining an Arizona CCW permit, you can take a look at the following post.  While the original post was a question from a California resident, the same requirements apply regardless of your state of residence.

http://www.arizonaccwguide.com/2009/02/02/california-residents-and-the-az-ccw-permit/

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