Carrying a firearm in a vehicle…
Many students are curious about the laws concerning carrying a firearm in a vehicle. Since Arizona permits “open carry” of a firearm, you can legally carry a firearm in any permitted location, as long as the firearm is in plain view.
This includes your vehicle.As long as a casual observer can see you have an unconcealed firearm, you are not violating any the law.
If you want to conceal the firearm in your vehicle, the easiest way is to get your AZ CCW permit. Then you can legally conceal your firearm in your vehicle.
If you don’t have an AZ CCW permit, your firearm can still be concealed, but it should be at least two steps removed from your immediate access. What this means is that you cannot have immediate access to the firearm.
For example, if you put your firearm in the glove box, it is only one step removed from immediate access…you can open the glove box and grab your gun. If you have your gun in a case or holster and then put it in the glove box, it is two steps removed(you have to open the glove box and remove it from the holster or case).
If you wish to conceal a firearm in your vehicle, my recommendation is to get your Arizona CCW permit…then you will not have any issues. Otherwise, you may be subject tothe court’s interpretation of whether or not you had ‘immediate access’.
Some have also asked about ways to safely have immediate access to your firearm without having to put it in the glove box, console or map pocket of your car. There are at least two holster manufacturers that I know of that sell holster systems that allow you to mount a holster in your vehicle.
Generally this is done by bolting the mount under the dashboard or in some other appropriate location. When you get into your vehicle, you can place your gun in the mounted holster giving you easier access to it.
Believe me when I say that this can be a real issue for a lot of people. Depending on where you wear your holster, you might have difficultly reaching it quickly when seated in thevehicle with your seat belt fastened. You can draw from a seated position in the car, but it is difficult and requires practice to do quickly.
Without proper training,drawing from a seated position in a vehicle can be dangerous to both yourself and other occupants of the vehicle. Holster mounts eliminate this as an issue. If you want to get more information about holster mounts youcan visit http://www.sidearmor.net or http://www.fobusholster.com
Carrying a firearm in a vehicle...,
Thanks for sending me the article on Carrying a Firearm in a Vehicle, Doug. I say the article in your list, but thought it was a litte short. I tried to click on the [..] but nothing happened, so I sssumed there was not more to the article. I just went back to the article listing, clicked on the title, and (magically!) I got to see the entire article! If you mentioned somewhere that users should click on the title to see the full article, I missed that. I’ll have to go back and look at the other articles I was interested in reading!
Another question, Doug. Are you going to offer your Personal Protection in the Home coure sometime this spring or fall? I took your CCW course last July and although the course was great and I did get my CCW permit, I have to admit that my timing was off. July in Arizona is not when I need to spend time in the sun!
Thanks again,
-john
Great website.
Can you point me to either the ARS (Arizona Revised Statute) or AZ court precedent where this “2 step” rule is? Or even in the AZ DPS 8-hour class agenda that is listed on the AZ DPS website. I am having a hard time finding any mention of it regarding AZ. Thanks for your help.
You stated…
“If you don’t have an AZ CCWpermit, your firearm can still be concealed, but it must be at least two stepsremoved from your immediate access. What this means is that you cannot have’immediate’ access to the firearm. For example, if you put yourfirearm in the glove box, it is only one step removed from immediate access…you can open the glove box and grab your gun. If you have your gun ina case or holster and then put it in the glove box, it is two steps removed(you have to open the glove box and remove it from the holster or case).”
Sir,
I have an AZ CCW, but still have questions concerning carrying a gun in a vehicle concealed or open carry.
Can a pistol be carried in a vehicle if it is loaded, holstered and placed between the seats next to the hand brake or in a map pocket on the door or the center console IF only the butt of the gun is showing?
Does the gun have to be 100% out of view if you carry concealed in a vehicle or 100% visable if carried openly? Is there any inbetween as I described above?
Thank you for your time and knowledge.
I have a CCW and carry a loaded pistol under my seat. If I am carrying a passenger (who has no CCW) and I have to leave the car momentarily, would my passenger be potentially charged with possesion of a concealed weapon?
CAN I CARRY MY HAND GUN IN MY TRUCK WITH ONE IN THE CHAMBER.IN ARIZONA.
There is no 2 step rule. It is a guideline to keep you out of trouble if you go to court.
Enjoy the legalese.
The relevant section:
http://www.azleg.state.az.us/ars/13/03102.htm
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation
Subsection F
F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons that is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
There is a new company out that makes an ideal holster mount for open vehicle carry. Best I’ve seen out there and works great. No issue at all in AZ. http://www.gumcreekcustoms.com
I dont understand the allegation of the LEO as far as visible in his vantage point. Law is very clear”G. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons “.
Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
Now where do you apply the “visibility rule” when the gun is in the map pocket or in a case?
How he got convicted is a big question mark but in any case maybe the LEO needs to understand also the law.
I read the court ruling of the case-law is vague and Doug Little you are right., we need to undestand the Judge’s ruling which makes perfect sense your 2 step rule which prevents immediate access to the fire arm.
Eric,
Yes, you can legally carry your handgun with a round in the chamber.
The reference to the specific law that Charles makes is absolutely correct. We use the “two step rule” to help people stay out of trouble. There has been broad variation in the interpretation of this statute by the courts in terms of what constitutes “wholly or partly visible”. There was a recent case where a person was convicted for misconduct involving weapons because the firearm was not ‘visible’ from the vantage point of the police officer, who thus considered it to be ‘concealed’. There are other variations discussed in the court decisions reached in State v. Adams and State v. Moerman. We use the “two step rule” in our courses to keep people from having a problem. The easiest thing to do is just get an AZ CCW Permit, then there is no issue.