By: Michelle Behan

In early August, the 5th Circuit Court of Appeals in New Orleans ruled that a federal law which prohibited illegal drug users from owning firearms was unconstitutional and in violation of the 2nd Amendment.  

The original restriction prevented even non-violent drug users from owning firearms, a restraint that the circuit court said was unsupported by “strong historical roots” involving firearms regulation.

The Fourth Amendment provides protection against unreasonable search and seizure, with subsequent court rulings declaring any warrantless search is unreasonable. Courts have established a handful of exceptions to the warrant requirement. Some of these exceptions allow police to enter private property if there is a compelling and immediate reason why they would need to intervene, and do not have time to obtain a search warrant from a judge. If police observe a murder about to happen inside a private home or business, for example, they would be allowed to respond immediately under this rule.

The “community caretaking” exception to the Fourth Amendment is unique from other exceptions because it does not require an immediate, urgent reason for police intervention. The U.S. Supreme Court ruled in Cady v. Dombrowski (1973) that police were allowed to seize guns out of an impounded vehicle without a warrant based on a police claim that the guns were being removed to prevent them from being stolen. The court ruled that police should be able to perform duties that take care of the community, provided their actions are “totally divorced” from the investigation of a crime.

This decision meant that police could perform a warrantless search and/or seizure, without having probable cause—which is required for a warrant—as long as these actions are not connected to a criminal investigation. However, the Court emphasized in Cady the “constitutional difference between houses and cars.”

Arizona is one of the most gun-friendly states in the nation, but there are still rules and regulations regarding possession of firearms. The following is a summary of what you need to know about your right to bear arms in the Grand Canyon State.

A person must be at least 18 years old to own a gun in Arizona, unless they have written consent from their parent or legal guardian. There is no law requiring gun owners or purchasers to obtain a license for their gun, nor is there a law requiring firearms to be registered.

Owners and purchasers are not required to report the loss or theft of their guns. But beware—if your firearm was stolen and then used in a crime, law enforcement can link you to that crime if you didn’t report it. Only 11 states require gun owners to report a stolen firearm.