EXCERPTS FROM ARIZONA REVISED STATUTES

R13-9-101. Definitions

In this Article, unless otherwise specified:

1. "Applicant" means an individual or organization who submits a completed application form and the required fee to the Department to obtain a permit to carry a concealed weapon, to renew a permit, to be approved as a firearms-safety instructor, or to have a firearms-safety training program approved.

2. "Department" means the Department of Public Safety.

3. "Director" means the Director of the Department of Public Safety.

4. "Firearm" has the same meaning as in A.R.S. § 13-3101.

5. "Firearms-safety instructor" means an individual who has obtained approval under R13-9-109 to conduct initial and refresher firearms-safety training programs.

6. "Firearms-safety training program" means an initial course of instruction in the safe and lawful use of a firearm that meets the requirements of A.R.S. § 13-3112(N).

7. "Honorably retired peace officer" means a person who voluntarily separates from a law enforcement agency after 10 or more years of service; who did not separate to avoid disciplinary action or termination for cause; and who receives a medical,  disability, or regular retirement pension or annuity as a result of qualifying years of service as a peace officer; and who has or can obtain a letter from the employer confirming these facts.

9. "Original application" means any of the forms referenced in R13-9-102(A) that are not copies and that contain an original signature of the applicant.

10. "Peace officer" has the same meaning as in A.R.S. § 13-105.

11. "Permit" means an identification card issued by the Department that authorizes the named holder to carry a concealed weapon subject to the requirements of A.R.S. § 13-3112 and this Article.

12. "Permitee" means an individual who has qualified for and been issued a permit by the Department to carry a concealed  weapon.

13. "Refresher firearms-safety training program" means a 4- hour course of instruction in the safe and lawful use of a firearm pursuant to A.R.S. § 13-3112(L).

14. "Resident" means a person who has lived in Arizona for 6 months immediately before the date of application for a concealed weapon permit and who remains in Arizona for a total of 6 months or more during each calendar year, or a member of the armed forces who has been stationed in Arizona for the 30 days immediately before the date of application for a concealed weapon  permit.

15. "Satisfactorily completed" means obtaining a test score of 70% or more on both the written test and the live ammunition course-of-fire test.

16. "Weapon" includes the term "firearm" as defined in A.R.S. § 13-3101.

R13-9-102. Application Forms

A. Application forms may be obtained from the Department, Handgun Clearance and Permit Section, 2102 West Encanto Boulevard, P.O. Box 6638, Phoenix, Arizona 85005-6638. Upon request, the Department shall advise individuals or organizations of other locations where application forms may be obtained.

B. An application shall be submitted only on a form provided by the Department.

R13-9-103. Application and Processing Fees

A. The Department shall collect the following fees:

2. Renewal permit - $26,

3. Replacing a lost or stolen permit - $20*,

4. Name change on a permit - $20*.

*NOTE: AZDPS usually charges only $10.

B. In addition to the fees in subsections (A)(1), (2), (5), and (6), the Department shall collect a fee in an amount necessary to cover the cost of federal noncriminal justice fingerprint processing for criminal history record information checks as provided by A.R.S. § 41-1750(J).

C. An applicant or permittee shall submit the required fee in the form of a cashier's check, certified check, or money order made payable to the Department of Public Safety. All fees are nonrefundable.

R13-9-104. Application for an Initial Concealed Weapon Permit

A. An applicant for an initial concealed weapon permit shall place a checkmark in the "New Permit Application" box on the Department's application form.

B. An applicant shall enter the following information in the spaces provided on the form:

2. County of residence and residence address, including zip code, or descriptive location of residence if an address has not been assigned;

3. Mailing address if different from residence address;

4. Social security number;

5. Driver's license number and state of issuance;

6. Home and business telephone numbers; and

7. Origin or race, sex, height, weight, eye color, hair color, date of birth, and place of birth.

C. An applicant for a concealed weapon permit shall answer "yes" or "no" to the following questions on the application:

DPS defines resident to mean any of the following:

(1) A person who has lived in Arizona for six months immediately before the date of application for a concealed weapon permit, or

(2) A person who remains in Arizona for a total of six months or more during each calendar year, or

(3) A member of the armed forces who has been stationed in Arizona for the 30 days immediately before the date of application for a concealed weapon permit.

NOTE: Effective on or about August 20, 1998, the requirement for Arizona residency was changed to Arizona residency OR U.S. Citizenship. (H.B. 2041, signed 5-20-98, effective date 8-20-98).

2. Twenty-one years of age or older,

3. Not under indictment and not convicted of any felony or a misdemeanor crime of domestic violence,

4. Not suffering from mental illness and not adjudicated mentally incompetent or committed to a mental institution,

5. Not unlawfully present in U.S.,

6. Has completed DPS approved firearms safety training program; or is an active duty Arizona peace officer standards and training board certified or federally credentialed peace officer; or is an honorably retired federal, state or local peace officer with ten years or more of service,

H.B. 2041, effective date 8-20-98, exempts active duty Arizona peace officer standards and training board certified or federally credentialed peace officers from CCW training requirements to receive initial CCW pemits.

7. Has completed DPS application form, with fingerprints, and

8. Has paid DPS fee (currently $50.00).

D. An applicant shall attest, under the penalty of perjury, to the truthfulness of the information and answers given on the application by placing the applicant's original signature in the space provided at the bottom of the form.

E. Except for an applicant exempted by A.R.S. § 13-3112(E)(6), an applicant shall obtain the signature of a firearms-safety instructor in the space provided at the end of the application, certifying that the applicant satisfactorily completed the initial firearms-safety training program on the date specified.

F. The firearms-safety instructor's certification shall include:

2. The Department-assigned number of the firearms-safety instructor,

3. The Department-assigned number of the training organization,

4. A seal or stamp affixed to the form identifying the training organization, and

5. The date the applicant satisfactorily completes the program.

G. A certificate of completion of a firearms-safety training program shall remain valid for 6 months after the applicant satisfactorily completes the training.

H. An applicant shall submit to the Department the original application form, a completed fingerprint card with prints of sufficient quality to enable them to be classified, and the fees specified in R13-9-103.

R13-9-105. Review and Processing by the Department

A. The Department shall review the application to verify that the applicant has submitted the required forms, information, and fees, and that the certificate of completion has not expired. The Department shall base the determination of deficiencies upon the requirements of A.R.S. § 13-3112 and this Article. Within 10 business days of receipt, the Department shall return an incomplete, illegible, or non-original application, or an application with an expired certificate of completion. With the return of an application, the Department shall include a written description of the deficiencies to be corrected.

B. Within 20 calendar days of receiving a completed application, the Department shall conduct a state criminal history check and request a national criminal history check of the applicant.

C. The Department may contact the applicant by telephone or by mail if clarification or further information is needed to determine eligibility. If the applicant provides the requested information within 40 calendar days from the date of the request, the Department shall complete its determination of eligibility. If the applicant fails to provide the requested information within 40 calendar days, the Department shall deny the application and return it to the applicant with a written explanation.

D. The Department shall not issue a concealed weapon permit to any person who has been convicted of a felony, even if the person's civil rights have been restored and the conviction expunged, set aside, or vacated. If a permit is denied, the Department shall notify the applicant in writing in accordance with A.R.S. § 13-3112(H).

R13-9-106. Permit Issuance

A. When an applicant has satisfied the requirements of A.R.S. § 13-3112 and this Article, the Department shall issue a concealed weapon permit containing:

2. The permittee's date of birth;

3. The permittee's physical description, including: origin or race, sex, height, weight, and color of eyes and hair;

4. A permit number;

5. The date of issuance and expiration; and

6. The title of the permit, the state seal, and instructions to the permit holder.

B. The Department shall mail an approved permit to the applicant's residence address or mailing address shown on the application.

R13-9-107. Permittee Obligations

A. Upon request of any peace officer, a permittee in actual possession of a concealed weapon shall present the permit to the peace officer for inspection. If the permit does not incorporate a photograph of the permittee, the permittee shall also present a separate type of official photographic identification. Official photographic identification is limited to the following:

2. Military identification card,

3. Identification card issued pursuant to A.R.S. § 28-421(01), or

4. Passport.

B. A permittee shall not carry a concealed weapon in violation of A.R.S. § 13-3102(A).

C. A permittee whose permit is lost or stolen shall notify the Department upon determining the loss. When advised of a lost or stolen permit, the Department shall invalidate the permit. The permittee shall not carry a concealed weapon until a replacement permit is obtained. The permittee may obtain a replacement permit by submitting a written request and the fee specified in R13-9-103(A)(3). If the applicant meets the requirements of A.R.S. 13-3112(E)(1), (2), (3), (4), and (5), the Department shall issue a replacement permit within 10 business days of receiving the request. The replacement permit shall have the same expiration date as the lost or stolen permit.

D. A permittee shall notify the Department in writing within 10 calendar days of any change of name or address. The Department shall process the notice and update the permittee's information on file with the Department.

E. A permittee whose name is changed from the name stated on the permit may request a revised permit by submitting a written request containing the previous name, the new name, and the fee specified in R13-9-103(A)(4). The revised permit shall retain the same expiration date as the previous permit. Within 10 business days from receipt of the request for a revised permit, the Department shall process the request and mail the revised permit to the permittee with instructions that failure to return the previous permit within 5 business days shall result in suspension of both the previous permit and the new permit. The Department shall destroy the previous permit upon receipt.

F. A permittee shall not deface, alter, or mutilate a permit, or reproduce, lend, transfer, or sell a permit.

R13-9-108. Permit Renewal

A. A concealed weapon permit expires 4 years from date of issuance. An application for renewal of a permit may be submitted at any time between 90 calendar days before permit expiration and 60 calendar days after permit expiration. Upon expiration of a permit, the permittee shall not carry a concealed weapon until in possession of a renewed permit.

B. To initiate renewal, a permittee shall place a checkmark in the "Renewal Permit Application" box on the application and shall enter all information requested in R13-9-104(B).

C. The permittee shall answer "yes" or "no" on the application to the questions listed in R13-9-104(C).

D. A permittee shall attest, under the penalty of perjury, to the truthfulness of the information and answers given on the application by placing the permittee's original signature in the space provided.

E. A permittee shall obtain the signature of a firearms-safety instructor in the space provided on the application, certifying that the permittee satisfactorily completed a Department-approved refresher firearms-safety training program.

F. The certificate shall include the items of information required in R13-9-104(F).

G. A certificate of completion of a refresher firearms-safety training program shall remain valid for 6 months after the applicant satisfactorily completes the training.

H. A permittee shall submit to the Department the original application, a completed fingerprint card with prints of sufficient quality to enable them to be classified, and the fees specified in R13-9-103.

I. The Department shall review and process the renewal application pursuant to R13-9-105. If the renewal application is received within 60 calendar days after expiration of the permit and the permittee meets the requirements of A.R.S. §§ 13-3112(E)(1) through (5), 13-3112(K) and (L), and this Article, the Department shall issue a renewed permit containing the information specified in R13-9-106(A).

J. The Department shall deny a renewal application if it is received more than 60 calendar days after expiration of the permit. Within 10 business days after denying an application for renewal of a permit that has been expired for more than 60 calendar days, the Department shall return the application with a written notice stating the reason for denial and instructing the applicant to file for a new permit.

R13-9-111. Suspension or Revocation

A. The Department shall suspend a concealed weapon permit if the permittee fails to carry the permit when in actual possession of a concealed weapon. The Department shall restore the permit under the condition specified in A.R.S. § 13-3112(B).

B. The Department shall suspend a permit if the permittee is arrested or indicted for an offense that would make the permittee unqualified under the provisions of A.R.S. § 13-3101(6) or 13-3112. The Department shall restore the permit under the conditions specified in A.R.S. § 13-3112(C).

C. The Department shall revoke a permit under the conditions specified in A.R.S. § 13-3112(C).

D. The Department shall suspend or revoke a permit if the permittee fails to maintain all of the conditions specified in A.R.S. § 13-3112(E).

E. The Department may suspend or revoke a permit, firearms-safety instructor approval, or firearms-safety program approval if the permittee, instructor, or organization:

2. Fails to continuously maintain any condition or requirement necessary for the issuance of a permit or granting of approval  under A.R.S. § 13-3112 or this Article; or

3. Provides false, incomplete, or misleading information to the Department.

F. The Department may suspend a permit or approval for up to 1 year.

G. If the Department revokes a permit or approval, the affected permittee, instructor, or organization shall not reapply for such permit or approval for 2 years from the date of revocation.

H. The Department shall notify the affected permittee, instructor, or organization and state the reason for suspension or revocation. The notice shall be sent by mail to the last known address of the permittee, instructor, or organization. For purposes of R13-9-111, R13-9-112, and R13-9-113, notice shall be considered received on the earlier of the date of actual receipt or the 5th calendar day after the date of mailing.

I. Upon receipt of a notice of suspension or revocation:

2. An instructor shall immediately stop providing instruction, and

3. An organization shall immediately stop conducting any program.

J. The Department may require immediate surrender of a permit or may seize a permit when required under A.R.S. § 13-3112.

R13-9-112. Reconsideration, Request for Hearing

A. On receipt of a notice of denial:

2. On receipt of additional documentation, the Department shall reconsider its decision and inform the applicant within 20 calendar days of the Department's final decision. The decision is final upon mailing.

3. If denied after reconsideration under subsection (A)(2), the Department shall notify the applicant of the right to appeal to superior court.

4. If the applicant has not submitted additional documentation under subsection (A)(1), the decision is final at the expiration of  the 20-calendar-day period allowed for submission.

B. On receipt of a notice of:

2. Denial, suspension, or revocation of a firearms-safety instructor approval; or

3. Denial, suspension, or revocation of a firearms-safety training program approval; the affected individual or organization is entitled to a hearing. A written request for a hearing shall be filed with the Department within 15 calendar days of receipt of the notice. The request shall be directed to the name and address stated in the notice.

R13-9-113. Hearing

A. The Department shall grant a hearing to an individual or organization filing a timely application for a hearing under R13-9-112(B).

B. The Department shall notify the requester at least 20 calendar days before the hearing date. The notice shall include:

2. A statement of the legal authority and jurisdiction under which the hearing is being held;

3. Reference to the particular sections of the statutes and rules involved; and

4. A statement of the issues or matters involved.

C. The hearing shall be conducted in accordance with the provisions of A.R.S. Title 41, Chapter 6, Article 6 for hearing a contested case before an agency.

D. Hearings shall be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings.

E. Hearings shall be conducted by a hearing officer appointed by the Office of Administrative Hearings pursuant to A.R.S. Title 41, Chapter 6, Article 10.

F. Hearings shall be held at a location determined by the Department.

G. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded by the hearing officer.

H. Notice may be taken of judicially cognizable facts and of recognized technical or scientific facts within the Department's specialized knowledge. The Department's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

I. Hearings shall be tape recorded.

J. The individual or organization shall have the right to be represented by counsel, to submit evidence in open hearing, and shall have the right of cross-examination.

K. The hearing officer may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and shall have the power to administer oaths.

L. The individual or organization shall submit to the hearing officer for approval any subpoena at least 10 calendar days prior to the hearing. If approved, the submitting party shall be responsible for service.

M. The hearing officer shall submit the findings to the Director.

N. The Director shall review the records of the findings by the hearing officer and may adopt, reverse, modify, supplement, or reject the recommendation of the hearing officer.

O. The Department shall mail written notice of the Director's decision to the individual or organization within 5 business days after the decision. The notice shall include findings of fact and conclusions of law. Notification shall be mailed to the individual's or organization's last known address and shall be deemed served upon mailing.

P. The individual or organization shall have the opportunity for a review or rehearing of the decision before the decision becomes final.

2. The Director shall review the decision after receiving a request under subsection (P)(1). The Director shall deny a rehearing unless the Director determines that grounds for a rehearing exist under the following subsection (P)(3).

3. The Director may grant a rehearing for any of the following reasons:

a. Irregularity in the proceedings which deprived the individual or organization of a fair hearing;

b. The decision was not justified by the evidence or was contrary to law; or

c. There is new material evidence which, with reasonable diligence, could not have been discovered and produced at the hearing.

Q. All denials, suspensions, revocations, and decisions of the Director are effective on the date notice of such action is mailed to the individual or organization.

R. All denials, suspensions, revocations, and decisions of the Director are final, as set forth in this Article; or, if not otherwise set forth in this Article, are final upon expiration of time to apply for a hearing under R13-9-112(B).

S. If an application is timely filed for a hearing under R13-9-112(B), the decision of the Director is final:

1. If a request for review is not timely filed under R13-9-113(P)(1),

2. Upon the mailing of the Director's denial of a rehearing under subsection(P)(2), or

3. Upon the mailing of the Director's decision following a rehearing under subsection (P)(3).

T. When final, a decision may be subject to judicial review pursuant to A.R.S. Title 12, Chapter 7, Article 6.

4-244. Unlawful acts

It is unlawful:

30. For any person other than a peace officer or the licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises of an on-sale retail establishment knowing such possession is prohibited. This paragraph shall not be construed to include a situation in which a person is on licensed premises for a limited time in order to seek emergency aid and such person does not buy, receive, consume, or possess spirituous liquor. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.

31. For a licensee or employee to knowingly permit a person in possession of a firearm other than a peace officer or the licensee or an employee of the licensee acting with the permission of the licensee to remain on the licensed premises or to serve, sell, or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retail establishment. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. It shall be a defense to action under this paragraph if the licensee or employee requested assistance of a peace officer to remove such person.

4-246. Violation; classification

A. A person violating any provision of this title is guilty of a class 2 misdemeanor unless another classification is prescribed.

13-401. Unavailability of justification defense; justification as defense

A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

B. Except as provided in subsection A, justification as defined in this chapter is a defense in any prosecution for an offense pursuant to this title.

13-402. Justification; execution of public duty

A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.

B. The justification afforded by subsection A also applies if:

2) A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.

13-403. Justification; use of physical force

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.

2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.

3. A person responsible for the maintenance or order in a place where others are assembled or on a common motor carrier of passengers or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.

4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.

5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:

a) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or

b) The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

6. A person may otherwise use physical force upon another person as further provided in this chapter.

13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

2) To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3) If the person provoked the other's use or attempted use of unlawful physical force, unless:

a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

b) The other nevertheless continues or attempts to use unlawful physical force against the person.

13-405. Justification; use of deadly physical force

A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under §13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if:

1. Under the circumstances as a reasonable person would believe them to be, such person would be justified under §13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect; and

2. A reasonable person would believe that such person's intervention is immediately necessary to protect the third person.

13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

13-408. Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

13-411. Justification; use of force in crime prevention

A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under §13-1704, burglary in the second or first degree under §13-1507 or 13-1508, kidnapping under §13-1304, manslaughter under §13-1103, second or first degree murder under §13-1104 or 13-1105, sexual conduct with a minor under §13-1405, sexual assault under §13-1406, child molestation under §13-1410, armed robbery under §13-1904, or aggravated assault under §13-1204, subsection A, paragraphs 1 and 2.

B. There is no duty to retreat before threatening or using deadly physical force justified by subsection A of this section.

C. A person is presumed to be acting reasonably for the purposes of this section if he is acting to prevent the commission of any of the offenses listed in subsection A of this section.

See Case Law examples

13-412. Duress

A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.

B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

C. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.

13-413. No civil liability or justified conduct

No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.

13-415. Justification; domestic violence

If there have been past acts of domestic violence as defined in §13-3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under sections 13-404, 13-405 and 13-406 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence.

13-417. Necessity defense

A. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct.

B. An accused person may not assert the defense under subsection A if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct.

C. An accused person may not assert the defense under subsection A for offenses involving homicide or serious physical injury.

13-502. Insanity test; burden of proof; guilty except insane verdict

A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include but are not limited to momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct.

B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding section 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.

C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence.

D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to section 13-703, subsection A or section 13-707 or the presumptive sentence the defendant could have received pursuant to section 13-604, 13-604.01, 13-701, subsection C, section 13-710 or section 13-1406 if the defendant had not been found insane, and the judge shall commit the defendant pursuant to section 13-3994 for that term. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-604. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person.

E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-604.

13-503. Effect of alcohol or drug use

Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind.

13-1101. Definitions

In this chapter, unless the context otherwise requires:

1. "Premeditation" means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.

2. "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide.

3. "Person" means a human being.

4. "Adequate provocation" means conduct or circumstances sufficient to deprive a reasonable person of self-control.

13-1102. Negligent homicide; classification

A. A person commits negligent homicide if with criminal negligence such person causes the death of another person.

B. Negligent homicide is a class 4 felony.

13-1103. Manslaughter; classification

A. A person commits manslaughter by:

2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or

3. Intentionally aiding another to commit suicide; or

4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or

5. Knowingly or recklessly causing the death of an unborn child at any stage of its development by any physical injury to the mother of such child which would be murder if the death of the mother had occurred.

B. Manslaughter is a class 2 felony.

13-1104. Second degree murder; classification

A. A person commits second degree murder if without premeditation:

2. Knowing that his conduct will cause death or serious physical injury, such person causes the death of another person; or

3. Under circumstances manifesting extreme indifference to human life, such person recklessly engages in conduct which creates a grave risk of death and thereby causes the death of another person.

B. Second degree murder is a class 1 felony and is punishable as provided by section 13-604, subsection S, section 13-604.01 if the victim is under fifteen years of age or section 13-710.

13-1105. First degree murder; classification

A. A person commits first degree murder if:

2. Acting either alone or with one or more other persons such person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraph 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection B, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of such offense or immediate flight from such offense, such person or another person causes the death of any person.

3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

B. Homicide, as defined in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by section 13-703.

13-1201. Endangerment; classification

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

13-1202. Threatening or intimidating; classification

A. A person commits threatening or intimidating if such person threatens or intimidates by word or conduct:

2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly, or transportation facility; or

3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.

B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 4 felony.

13-1203. Assault; classification

A. A person commits assault by:

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

13-1204. Aggravated assault; classification

A. A person commits aggravated assault if the person commits assault as defined in section 13-1203 under any of the following circumstances:

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault after entering the private home of another with the intent to commit the assault.

4. If the person is eighteen years of age or more and commits the assault upon a child the age of fifteen years or under.

5. If the person commits the assault knowing or having reason to know that the victim is a peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.

6. If the person commits the assault knowing or having reason to know the victim is a teacher or other person employed by any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, or any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties, or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

8. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

9. If the person commits the assault knowing or having reason to know that the victim is a fire fighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.

10. If the person commits the assault knowing or having reason to know that the victim is a licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. The provisions of this paragraph do not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550 or is afflicted with Alzheimer's disease or related dementia.

11. If the person commits assault by any means of force which causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.

B. Except pursuant to subsection C of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-604.01. Aggravated assault pursuant to subsection A, paragraph 11 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 7 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 3, 4, 5, 6, 8, 9 or 10 of this section is a class 6 felony.

C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 11 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 5 of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.

13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions

A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.

B. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.

C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.

D. Drive by shooting is a class 2 felony.

E. As used in this section:

2. "Occupied structure" has the same meaning prescribed in section 13-3101.

13-1211. Discharging a firearm at a structure; classification; definitions

A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.

B. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.

C. For the purposes of this section:

2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.

3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation.

13-2904. Disorderly conduct; classification

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

13-3101. Definitions

In this chapter, unless the context otherwise requires:

1. "Deadly weapon" means anything designed for lethal use. The term includes a firearm.

2. "Deface" means to remove, alter or destroy the manufacturer's serial number.

3. "Explosive" means any dynamite, nitroglycerine, black powder or other similar explosive material including plastic explosives but does not mean or include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.

4. "Firearm" means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition.

5. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. The term includes any dwelling house, whether occupied, unoccupied or vacant.

6. "Prohibited possessor" means any person:

b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not been restored.

c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

d) Who is at the time of possession serving a term of probation, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.

7. "Prohibited weapon" means, but does not include, fireworks imported, distributed or used in compliance with state laws or local ordinances, any propellant, propellant actuated devices or propellant actuated industrial tools which are manufactured, imported or distributed for their intended purposes or a device which is commercially manufactured primarily for the purpose of illumination, any:

i) Bomb.

ii) Grenade.

iii) Rocket having a propellant charge of more than four ounces.

iv) Mine; or

b) Device designed, made or adapted to muffle the report of a firearm; or

c) Firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or

d) Rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm made from a rifle or shotgun which, as modified, has an overall length of less than twenty-six inches; or

e) Instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense; or

f) Breakable container which contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and has a wick or similar device capable of being ignited; or

g) Combination of parts or materials designed and intended for use in making or converting a device into an item set forth in subdivision (a) or (f) of this paragraph. The items as set forth in subdivisions (a), (b), (c) and (d) of this paragraph shall not include any such firearms or devices registered in the national firearms registry and transfer records of the United States treasury department or any firearm which has been classified as a curio or relic by the United States treasury department.

13-3102. Misconduct involving weapons, defenses, classification, definitions

A. A person commits misconduct involving weapons by knowingly:

2) Carrying a deadly weapon without a permit pursuant to §13-3112 concealed within immediate control of any person in or on a means of transportation; or

3) Manufacturing, possessing, transporting, selling or transferring a prohibited weapon; or

4) Possessing a deadly weapon if such person is a prohibited possessor; or

5) Selling or transferring a deadly weapon to a prohibited possessor; or

6) Defacing a deadly weapon; or

7) Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or

8) Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or

9) Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or

10) Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event; or

11) Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or

12) Possessing a deadly weapon on school grounds; or

13) Unless specifically authorized by law, entering a commercial nuclear generating station carrying a deadly weapon on his person or within the immediate control of any person; or

14) Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony.

B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person.

C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:

2) A member of the military forces of the United States or of any state of the United States in the performance of official duties; or

3) A warden, deputy warden, or correctional officer of the state department of corrections; or

4) A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.

D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:

a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in §170(c) of title 26 of the United States Code as a recipient of a charitable contribution; and

b) Reasonable precautions are taken with respect to theft or misuse of such material.

2) The regular and lawful transporting as merchandise; or

3) Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.

E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer or a regularly constituted or appointed state, county or municipal police department or police officer, or a detention facility, or the military service of this or another state or the United States, or a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.

F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case 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 which is carried within a means of transportation or within a storage compartment, trunk or glove compartment of a means of transportation.

G. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.

H. Subsection A, paragraph 3 of this section shall not apply to a weapon described in §13-3101, paragraph 7, subdivision (e), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.

I. Subsection A, paragraph 12 of this section shall not apply to the possession of a:

2) Firearm for use on the school grounds in a program approved by a school.

J. Misconduct involving weapons under subsection A, paragraph 9 or 14 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4 or 8 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct which violates the provisions of §13-2308, subsection A, paragraph 5, §13-2312, subsection C, §13-3409 or §13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraphs 5, 6 and 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraphs 1, 2, 10, 11 and 13 of this section is a class 1 misdemeanor.

K. For purposes of this section:

2) "School grounds" means in, or on the grounds of, a school.

13-3105. Forfeiture of weapons and explosives

A. Upon the conviction of any person for the violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by such person the court shall order the article forfeited and sold, destroyed or otherwise properly disposed.

B. Upon the conviction of any person for the violation of §13-2904, subsection A, paragraph 6 or §13-3102, subsection A, paragraph 1, 2, 8 or 10, the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.

C. If at any time the court finds pursuant to rule 11 of the Arizona rules of criminal procedure that a person who is charged with a violation of this title is incompetent, the court shall order that any deadly weapon, dangerous instrument or explosive used, displayed or unlawfully possessed by the person during the commission of the alleged offense be forfeited and sold, destroyed or otherwise properly disposed.

13-3107. Control of firearms, hunting and rifle ranges within municipalities; classification

A. Discharge of a firearm within the limits of any municipality is a class 2 misdemeanor except:

2) On a properly supervised range.

3) In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the game and fish department.

4) For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

5) By special permit of the chief of police of the municipality.

6) As required by an animal control officer in the performance of duties as specified in §9-499.04.

B. A properly supervised range for the purposes of this section means a range operated by a club affiliated with the National Rifle Association of America, the Amateur Trapshooting Association, the National Skeet Association, or any other nationally recognized shooting organization, any agency of the federal government, state of Arizona, county or city within which the range is located, or any public or private school, and, in the case of air or carbon dioxide gas operated guns, or underground ranges on private or public property, such ranges may be operated with adult supervision.

13-3108. Firearms regulated by state; state preemption

A. Ordinances of any political subdivision of this state relating to the transportation, possession, carrying, sale and use of firearms in this state shall not be in conflict with this chapter.

B. A political subdivision of this state shall not require the licensing or registration of firearms or prohibit the ownership, purchase, sale or transfer of firearms.

13-3109. Sale or gift of firearm to minor; classification

A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.

B. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.

C. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training. With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.

13-3111. Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties

A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.

B. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and is any of the following:

2) Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

3) Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

4) Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products or poultry products, ratites or in the production or storage of agricultural commodities.

C. If the minor is not exempt under subsection B and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.

D. In addition to any other penalty provided by law a person who violates subsection A shall be subject to the following penalties:

2) If adjudicated a delinquent juvenile for an offense involving a loaded firearm, a fine of not more than five hundred dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

3) If adjudicated a delinquent juvenile for an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars and the court shall order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of adjudication, the court shall direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age. If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.

E. Firearms seized pursuant to subsection C shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise or the person is convicted. Upon adjudication or conviction of a person for a violation of this section, the court shall order the firearm forfeited. However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.

F. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.

G. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and convicted for any other criminal conduct involving the use or exhibition of the deadly weapon.

H. This section applies only in counties with populations of more than five hundred thousand persons according to the most recent decennial census. Counties with populations of five hundred thousand persons or less according to the most recent decennial census, or cities or towns within those counties, may adopt an ordinance identical to this section.

I. A person who violates subsection A is guilty of a class 6 felony.

13-3112. Permit to carry concealed weapon; violation; classification; qualification; application; training program; program instructors; report

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 shall present the permit for inspection to any law enforcement officer on request.

B. A person who fails to carry the permit at all times that the person is in actual possession of a concealed weapon may have the permit suspended. The department of public safety shall be notified of all violations of this section and shall immediately suspend the permit. The permittee shall present the permit to the law enforcement agency or the court. On notification of the presentation of the permit, the department shall restore the permit.

C. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under the provisions of §13-3101, paragraph 6 or this section shall be immediately suspended and the permit 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 whose 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.

D. A person who fails to present a permit for inspection on the request of a law enforcement officer is guilty of a class 2 misdemeanor.

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

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.

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) Satisfactorily completes a firearms safety training program approved by the department of public safety pursuant to subsection N of this section. This paragraph does not apply to a person who is an active duty Arizona peace officer standards and training board certified or federally credentialed peace officer or who is honorably retired as a federal, state or local peace officer with a minimum of ten years of service.

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. The applicant shall submit the application to the department with a certificate of completion from an approved firearms safety training program, two sets of fingerprints and a reasonable fee determined by the director of the department.

G. On receipt of an application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to §41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for national 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 of the right to appeal to the superior court.

I. On issuance, a permit is valid for a period of not more than four years.

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 claims to hold a valid permit. This information shall not be available to any other person or entity except upon an order from a state or federal court.

K. A permit issued pursuant to this section is renewable every four years. Before a permit may be renewed, a criminal history record check shall be conducted pursuant to §41-1750, subsection G within sixty days after receipt of the application for renewal.

L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety. A certificate of completion of a four-hour refresher firearms safety training program approved by the director of the department is required before a renewal permit may be issued and shall accompany an application for renewal.

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 depatment 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 organization shall apply to the department of public safety for approval of its firearms safety training program. The department shall approve a program that meets the following requirements:

2) Is conducted on a pass or fail basis.

3) Addresses all of the following topics in a format approved by the director of the department:

a) Legal issues relating to the use of deadly force.