520-485-7143

945 N. Stone Ave., Suite 100, Tucson, AZ, 85705

What Guns Can I Possess in Arizona?

Tucson Gun Rights Lawyer

Weapons and Firearms Attorney in Tucson, AZ

The laws that pertain to guns and weapons in Arizona are rather permissive when compared to those in other states. While this may be true, the penalties for violating Arizona gun laws can be severe. At The Behan Law Group in Tucson, our team is committed to protecting the Second Amendment rights of our clients and helping those who are facing gun-related criminal charges. We also believe that it is very important for Arizona residents to understand what their rights are under the law in order to avoid potential problems.

Legal Firearms

Under Arizona law, residents are free to own and possess an extremely wide range of "firearms." Section Section § 13-3101 of the Arizona Criminal Code defines a firearm as any "handgun, pistol, revolver, rifle, shotgun, or other weapon" that uses an explosive to expel a projectile. By this definition, BB guns, pellet guns, and other air-powered guns are not considered firearms. The legal definition of a firearm also excludes any guns that are permanently inoperable.

The state of Arizona does not require you to obtain a license or register in order to purchase or own a gun. If you are at least 18, you may purchase a legal firearm from a private individual. To purchase a legal firearm from a federally-licensed dealer, you must be at least 21 years old. You must also be legally allowed to possess a firearm. A legal firearm is any firearm that is not specifically prohibited by law. Legal firearms in Arizona include:

  • Semi-automatic firearms. A semi-automatic firearm is a gun that can be fired in rapid succession, as the weapon's action automatically loads the next round. With a semi-automatic weapon, each round requires a separate pull of the trigger.
  • "Assault" weapons. Rifles or shotguns with certain aesthetic and functional features, such as a detachable magazine, folding stock, or pistol grip, are often referred to as "assault" weapons. Semi-automatic assault weapons are legal in Arizona.

Illegal Firearms

Very few firearms are considered illegal under Arizona gun laws. Specifically, the law prohibits the sale and possession of:

  • Automatic weapons (machine guns), including any firearm that will fire more than one round with a single pull of the trigger;
  • Short-barreled rifles, including any rifle with a barrel that less than 16 inches long;
  • Short-barreled shotguns, including any shotgun with a barrel that is less than 18 inches long; and
  • Sawed-off weapons, including any rifle or shotgun that has been modified to an overall length of less than 26 inches.

Silencers or any other devices intended to muffle the report of a firearm are also prohibited. In addition, it is illegal to buy, sell, or possess bombs, rockets, grenades, or mines designed to explode, burn, or release poison gas.

The Sale and Transfer of Guns

As a private individual in Arizona, you have the right to sell or transfer your guns as you see fit. You are not required to conduct background checks or register the sale or transfer of a firearm with the state. However, if you know that the recipient is a prohibited possessor, you could face charges of weapons misconduct.

Arizona law also prohibits local municipalities, including city and county governments, from enacting rules, ordinances, or taxes relating to the possession, sale, transfer, licensing, or registration of firearms or ammunition.

Protecting Your Rights in Tucson

For more information about the types of guns you are allowed to possess under Arizona law, contact our office. Call 520-485-7143 for a confidential consultation at The Behan Law Group today. We provide a full range of legal services to those with questions about gun rights and those facing criminal charges related to weapons violations. Our firm serves clients in Tucson, Pima County, and the surrounding areas.

Second Amendment

The Second Amendment to the United States Constitution promises that “the right of the people to keep and bear arms shall not be infringed” by the government. While this idea might be controversial in some circles, there is little debate among gun owners. In fact, many believe that the rights guaranteed by the Second Amendment are the most crucial of all of our constitutional rights for the purposes of securing and protecting the American way of life.

At The Behan Law Group, we work hard every day to protect the Second Amendment rights of our friends and neighbors in the Tucson area. Our goal is to help you understand the gun laws of the state of Arizona so that you can exercise your right to keep and bear arms.

Top Tips for Gun Safety

Attorney Michelle Behan is a decorated veteran of the United States Navy and a former Special Agent of the FBI. She has undergone extensive weapons training from a variety of top instructors, and all of them continually emphasized the importance of safety around firearms. Gun safety rules apply to all types of firearms, including rifles, shotguns, and handguns, as well to people of all ages:

1

Always handle a gun as if it is loaded.

2

Never point a gun toward anything you do not intend to shoot, kill, or destroy. No exceptions.

3

Keep your finger outside of the trigger guard until you are ready to fire.

4

Always be certain of your target and what lies beyond it.

5

Learn how your gun works mechanically and how it feels when the gun is working properly.

6

Use the right ammunition for the gun and your intended purpose.

7

Always check the barrel for obstructions before loading the gun.

8

Do not depend on a gun’s safety switch to prevent it from firing.

9

If the gun does not fire when you pull the trigger, hold your position for several seconds before carefully unloading the weapon.

10

Always know your surroundings when handling or holding a gun.

Concealed Carry and Self Defense

Concealed Carry and Self Defense

Arizona is a “constitutional carry” state with “stand your ground” laws for the purposes of self-defense. “Constitutional carry” means that you do not need to obtain a license or permit to open carry or concealed carry a firearm. The state’s “stand your ground” laws do not require you to retreat if you are attacked or assaulted, as long as you are not trespassing or committing a crime. You have the right under Arizona law to use force that is in proportion to the threat against you or your family. The state’s “castle doctrine” laws give you the same rights in your home.

While the laws of Arizona are designed with these important rights in mind, there are situations in which you may need to defend your actions in legal proceedings. The team at The Behan Law Group will work hard on your behalf, no matter how serious your situation may seem.

Frequently Asked Questions

How old do I need to be to own a gun?

In general, you must be 18 years old to buy and possess a gun in Arizona. Those who are under 18 may only possess a gun under the supervision of a parent, guardian, or grandparent. Exceptions are generally made for minors between ages 14 and 17 for hunting, shooting competitions, and target practice.

Do I need to obtain a Concealed Weapons Permit to concealed carry?

Arizona does not require a permit for concealed carry. Individuals who are age 21 or older and not prohibited possessors are allowed to concealed carry. Arizona Concealed Weapons Permit grants some additional privileges and allows you to carry a concealed weapon in any state that has a concealed carry reciprocity arrangement with Arizona.

What types of guns can I own?

Arizona law offers relatively few restrictions on the types of guns that residents can own. You can own most semi-automatic firearms, including handguns, rifles, shotguns, and so-called “assault weapons.” Machine guns, short-barreled rifles, and sawed-off shotguns are not legal to own.

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