38-1102. Carrying of firearms by peace
officers; exceptions; definitions


A. Notwithstanding any other law and except as provided pursuant to subsection B of
this section, a peace officer shall not be prohibited from carrying a firearm if the
peace officer is in compliance with the firearm requirements prescribed by the Arizona
peace officer standards and training board.


B. A peace officer may be prohibited from carrying a firearm as follows:


1. In a jail, correctional facility or juvenile detention facility.


2. By order of:


(a) The presiding judge or justice when attending any court that is established
pursuant to the constitution of this state or title 12, except if the peace officer is
providing court security or responding to an emergency.


(b) A justice court when attending the justice court, except if the peace officer
is providing court security or responding to an emergency.


(c) A municipal court when attending the municipal court, except if the peace
officer is providing court security or responding to an emergency.


3. When the peace officer is relieved of duty and is under a criminal or
administrative investigation.


4. When in a secured police facility.


5. When consuming alcohol at a licensed liquor establishment operated by this
state, a county, a city or town or any other political subdivision of this state, except
if the peace officer's employing agency authorizes the consumption of alcohol in the
performance of the peace officer's duties.


6. In a location prohibited by federal law.


7. Pursuant to court order.


8. Pursuant to any state or federal law that makes the officer a prohibited
possessor.


9. When in the judgment of the department head, or the department head's designee,
the peace officer exhibits any impairment, including any physical or mental impairment
that would cause concern for the well-being and safety of the officer, the officer's law
enforcement agency, law enforcement agency employees or the community.


C. A law enforcement agency that employs a peace officer may establish rules that
are consistent with this section. The law enforcement agency may determine the number,
type, model, caliber and brand of firearm and the ammunition that is carried by its peace
officers on or off duty.


D. This section does not create any civil liability for acting or failing to act.


E. For the purposes of this section:


1. "Firearm" has the same meaning prescribed in section 13-105.


2. "Peace officer" has the same meaning prescribed in section 1-215.


3. "Relieved of duty" means when a peace officer is no longer required to perform,
either temporarily or permanently, the duties for which the officer was employed.


4. "Secured police facility" means a building or structure that is used primarily
by a public agency and that is not accessible to the general public except by controlled
access.