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Landmark Ruling Regarding Gun Rights Overturns Decades-Old Law Prohibiting Illegal Drug Users from Owning or Possessing Firearms

 Posted on September 08, 2023 in Arizona Gun Laws

By: Michelle BehanShutterstock_1458654980-min.jpg

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 “strong historical roots” standard was initially announced by the US Supreme Court last year in New York State Rifle & Pistol Association v. Bruen, a case which will undoubtedly pave the way for more challenges to firearms restrictions.  The 5th Circuit ruling is one of many which struck down laws restricting firearms owners, such as a prohibition on gun ownership by those citizens who are merely accused of a crime.   

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SCOTUS Takes on Fourth Amendment Case via the Police’s “Community Caretaking” Exception

 Posted on March 08, 2021 in Arizona Gun Laws

Arizona gun law attorneysThe 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.

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Know Your Rights: An Overview of Gun Laws in Arizona

 Posted on January 22, 2021 in Arizona Gun Laws

Arizona gun law attorneysArizona 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.

Arizona does not require locking devices (which is any device that blocks the gun’s chamber and prevents it from being discharged) to be included in firearm sales, and there is no law that requires gun owners to use locking devices. Arizona law also does not restrict the possession of large capacity magazines, which generally are magazines capable of holding more than 10 rounds of ammunition, but that definition can vary based on the jurisdiction. “Large capacity” also refers to any magazine that is capable of holding more rounds than the standard amount provided by the firearm’s designer.

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