13-3112

13-3112. Concealed weapons; qualification;
application; permit to carry; civil penalty; report;
applicability

A. The department of public safety shall issue a permit to carry a concealed weapon
to a person who is qualified under this section. The person shall carry the permit at all
times when the person is in actual possession of the concealed weapon and is required by
any other law to carry the permit. If the person is in actual possession of the concealed
weapon and is required by any other law to carry the permit, the person shall present the
permit for inspection to any law enforcement officer on request.

B. The permit of a person who is arrested or indicted for an offense that would
make the person unqualified under section 13-3101, subsection A, paragraph 7 or this
section shall be immediately suspended and seized. The permit of a person who becomes
unqualified on conviction of that offense shall be revoked. The permit shall be restored
on presentation of documentation from the court if the permittee is found not guilty or
the charges are dismissed. The permit shall be restored on presentation of documentation
from the county attorney that the charges against the permittee were dropped or
dismissed.

C. A permittee who carries a concealed weapon, who is required by any other law to
carry a permit and who fails to present the permit for inspection on the request of a law
enforcement officer commits a violation of this subsection and is subject to a civil
penalty of not more than three hundred dollars. The department of public safety shall be
notified of all violations of this subsection and shall immediately suspend the permit.
A permittee shall not be convicted of a violation of this section if the permittee
produces to the court a legible permit that is issued to the permittee and that was valid
at the time the permittee failed to present the permit for inspection.

D. A law enforcement officer shall not confiscate or forfeit a weapon that is
otherwise lawfully possessed by a permittee whose permit is suspended pursuant to
subsection C of this section, except that a law enforcement officer may take temporary
custody of a firearm during an investigatory stop of the permittee.

E. The department of public safety shall issue a permit to an applicant who meets
all of the following conditions:

1. Is a resident of this state or a United States citizen.

2. Is twenty-one years of age or older.

3. Is not under indictment for and has not been convicted in any jurisdiction of a
felony unless that conviction has been expunged, set aside or vacated or the applicant's
rights have been restored and the applicant is currently not a prohibited possessor under
state or federal law.

4. Does not suffer from mental illness and has not been adjudicated mentally
incompetent or committed to a mental institution.

5. Is not unlawfully present in the United States.

6. Has ever satisfactorily completed a firearms safety training program authorized
by the department of public safety pursuant to subsection N, paragraph 1 of this section
or has ever demonstrated competence with a firearm as prescribed by subsection N,
paragraph 2, 3, 4, 5, 6, 7, 8 or 9 of this section and provides adequate documentation
that the person has satisfactorily completed a training program or demonstrated
competence with a firearm in any state or political subdivision in the United States.
For the purposes of this paragraph, "adequate documentation" means:

(a) A certificate, card or document of completion from a firearms safety training
program authorized pursuant to subsection N, paragraph 1 of this section, dated not more
than five years earlier than the date of application, that has affixed to it the stamp,
signature or seal of the instructor or organization that conducted the program, or a
current or expired permit issued by the department of public safety pursuant to this
section.

(b) An original or copy of a certificate, card or document that shows the applicant
has completed any course or class prescribed by subsection N, paragraph 2, 3, 4, 5, 8 or
9 of this section or an affidavit from the instructor, school, club or organization that
conducted or taught the course or class attesting to the applicant's completion of the
course or class.

(c) An original or a copy of a United States department of defense form 214
(DD-214) indicating an honorable discharge or general discharge under honorable
conditions, a certificate of completion of basic training or any other document
demonstrating proof of the applicant's current or former service in the United States
armed forces as prescribed by subsection N, paragraph 6 of this section.

(d) An original or a copy of a concealed weapon, firearm or handgun permit or a
license as prescribed by subsection N, paragraph 7 of this section.

F. The application shall be completed on a form prescribed by the department of
public safety. The form shall not require the applicant to disclose the type of firearm
for which a permit is sought. The applicant shall attest under penalty of perjury that
all of the statements made by the applicant are true, that the applicant has been
furnished a copy of chapters 4 and 31 of this title and that the applicant is
knowledgeable about the provisions contained in those chapters. The applicant shall
submit the application to the department with any documentation prescribed by subsection
E of this section, two sets of fingerprints and a reasonable fee determined by the
director of the department.

G. On receipt of a concealed weapon permit application, the department of public
safety shall conduct a check of the applicant's criminal history record pursuant to
section 41-1750. The department of public safety may exchange fingerprint card
information with the federal bureau of investigation for federal criminal history record
checks.

H. The department of public safety shall complete all of the required qualification
checks within sixty days after receipt of the application and shall issue a permit within
fifteen working days after completing the qualification checks if the applicant meets all
of the conditions specified in subsection E of this section. If a permit is denied, the
department of public safety shall notify the applicant in writing within fifteen working
days after the completion of all of the required qualification checks and shall state the
reasons why the application was denied. On receipt of the notification of the denial, the
applicant has twenty days to submit any additional documentation to the department. On
receipt of the additional documentation, the department shall reconsider its decision and
inform the applicant within twenty days of the result of the reconsideration. If denied,
the applicant shall be informed that the applicant may request a hearing pursuant to
title 41, chapter 6, article 10. For the purposes of this subsection, "receipt of the
application" means the first day that the department has physical control of the
application and that is presumed to be on the date of delivery as evidenced by proof of
delivery by the United States postal service or a written receipt, which shall be
provided by the department on request of the applicant.

I. On issuance, a permit is valid for five years, except a permit that is held by a
member of the United States armed forces, including a member of the Arizona national
guard or a member of the reserves of any military establishment of the United States, who
is on federal active duty and who is deployed overseas shall be extended until ninety
days after the end of the member's overseas deployment.

J. The department of public safety shall maintain a computerized permit record
system that is accessible to criminal justice agencies for the purpose of confirming the
permit status of any person who is contacted by a law enforcement officer and who claims
to hold a valid permit issued by this state. This information and any other records that
are maintained regarding applicants, permit holders or instructors shall not be available
to any other person or entity except on an order from a state or federal court. A
criminal justice agency or other entity shall not use the computerized permit record
system to conduct inquiries on whether a person is a concealed weapons permit holder
unless the criminal justice agency or other entity has reasonable suspicion to believe
the person is carrying a concealed weapon and the person is subject to a lawful criminal
investigation, arrest, detention or an investigatory stop.

K. A permit issued pursuant to this section is renewable every five years. Before a
permit may be renewed, a criminal history records check shall be conducted pursuant to
section 41-1750 within sixty days after receipt of the application for renewal. For the
purposes of permit renewal, the permit holder is not required to submit additional
fingerprints.

L. Applications for renewal shall be accompanied by a fee determined by the
director of the department of public safety.

M. The department of public safety shall suspend or revoke a permit issued under
this section if the permit holder becomes ineligible pursuant to subsection E of this
section. The department of public safety shall notify the permit holder in writing within
fifteen working days after the revocation or suspension and shall state the reasons for
the revocation or suspension.

N. An applicant shall demonstrate competence with a firearm through any of the
following:

1. Completion of any firearms training program that is approved by the department
of public safety and that is conducted by instructors who are authorized by the
department of public safety or who possess current national rifle association instructor
certifications in pistol and personal protection and who submit to a background
investigation, including a check for warrants and a criminal history records check.

2. Completion of any firearms safety or training course or class that is available
to the general public, that is offered by a law enforcement agency, a junior college, a
college or a private or public institution, academy, organization or firearms training
school and that is approved by the department of public safety.

3. Completion of any hunter education or hunter safety course approved by the
Arizona game and fish department or a similar agency of another state.

4. Completion of any national rifle association firearms safety or training course.

5. Completion of any law enforcement firearms safety or training course or class
that is offered for security guards, investigators, special deputies or other divisions
or subdivisions of law enforcement or security enforcement and that is approved by the
department of public safety.

6. Evidence of current military service or proof of honorable discharge or general
discharge under honorable conditions from the United States armed forces.

7. A valid current or expired concealed weapon, firearm or handgun permit or
license that is issued by another state or a political subdivision of another state and
that has a training or testing requirement for initial issuance.

8. Completion of any governmental police agency firearms training course and
qualification to carry a firearm in the course of normal police duties.

9. Completion of any other firearms training that the department of public safety
deems acceptable.

O. If authorized pursuant to subsection N, paragraph 1 of this section, the
organization on behalf of each of its instructors shall submit to the department of
public safety two sets of fingerprints and a fee to be determined by the director of the
department of public safety. On receipt of the fingerprints and fee, the department of
public safety shall conduct a check of each instructor's criminal history record pursuant
to section 41-1750. The department of public safety may exchange this fingerprint card
information with the federal bureau of investigation for federal criminal history record
checks.

P. The proprietary interest of all authorized instructors and programs shall be
safeguarded, and the contents of any training program shall not be disclosed to any
person or entity other than a bona fide criminal justice agency, except on an order from
a state or federal court.

Q. If the department of public safety rejects a program, the rejected organization
may request a hearing pursuant to title 41, chapter 6, article 10.

R. The department of public safety shall maintain information comparing the number
of permits requested, the number of permits issued and the number of permits denied. The
department shall annually report this information to the governor and the legislature.

S. The director of the department of public safety shall adopt rules for the
purpose of implementing and administering this section including fees relating to permits
that are issued pursuant to this section.

T. This state and any political subdivision of this state shall recognize a
concealed weapon, firearm or handgun permit or license that is issued by another state or
a political subdivision of another state if both:

1. The permit or license is recognized as valid in the issuing state.

2. The permit or license holder is all of the following:

(a) Legally present in this state.

(b) Not legally prohibited from possessing a firearm in this state.

U. For the purpose of establishing mutual permit or license recognition with other
states, the department of public safety shall enter into a written agreement if another
state requires a written agreement.

V. Notwithstanding the provisions of this section, a person with a concealed
weapons permit from another state may not carry a concealed weapon in this state if the
person is under twenty-one years of age or is under indictment for, or has been convicted
of, a felony offense in any jurisdiction, unless that conviction is expunged, set aside
or vacated or the person's rights have been restored and the person is currently not a
prohibited possessor under state or federal law.

W. The department of public safety may issue certificates of firearms proficiency
according to the Arizona peace officer standards and training board firearms
qualification for the purposes of implementing the law enforcement officers safety act of
2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law
enforcement agency shall issue to a law enforcement officer who has honorably retired a
photographic identification that states that the officer has honorably retired from the
agency. The chief law enforcement officer shall determine whether an officer has
honorably retired and the determination is not subject to review. A law enforcement
agency has no obligation to revoke, alter or modify the honorable discharge photographic
identification based on conduct that the agency becomes aware of or that occurs after the
officer has separated from the agency.