Posted: 4/11/2011 6:57:37 PM EDT
| okay, so a friends girl friend whom is under 21 wishes to take a handgun to Tucson with her. She will be with no adult and going to keep it locked in her glove box. Is this okay to do or is she breaking the law for concealment? If you could also give me some links to AZ Law stuff it would be greatly appreciated. Thanks! |
| Under 21 (assuming she is over 18) she has to open carry. In AZ there is case law classifying a handgun IN A HOLSTER in the glovebox as "open carry". She should be fine with it in the glovebox (provided it is also in a holster), but if she gets out of the car the gun needs to remain visible on the belt, not just get thrown into her purse. |
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Under 21 (assuming she is over 18) she has to open carry. In AZ there is case law classifying a handgun IN A HOLSTER in the glovebox as "open carry". She should be fine with it in the glovebox (provided it is also in a holster), but if she gets out of the car the gun needs to remain visible on the belt, not just get thrown into her purse. I believe the law has something to do with double access blah blah. Basically, in a holster in the glove box isn't considered a concealed handgun. I believe also that in a holster in a bag is not considered concealed either. Also, isn't someone considered an adult at age 18? |
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Quoted: My dad is a judge who used to be a public defender and before that was a prosecutor. Quoted: Under 21 (assuming she is over 18) she has to open carry. In AZ there is case law classifying a handgun IN A HOLSTER in the glovebox as "open carry". She should be fine with it in the glovebox (provided it is also in a holster), but if she gets out of the car the gun needs to remain visible on the belt, not just get thrown into her purse. I believe the law has something to do with double access blah blah. Basically, in a holster in the glove box isn't considered a concealed handgun. I believe also that in a holster in a bag is not considered concealed either. Also, isn't someone considered an adult at age 18? He always told me that you're good to go if the pistol is in a case or a holster anywhere in the car. I opted not to get a handgun until age 21, so I haven't worried about it. I know this conflicts with what is usually posted here, so I don't know what to believe. As I said, I don't own a handgun so I don't worry about it.  |
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13-3102. Misconduct involving weapons; defenses; classification; definitions A. A person commits misconduct involving weapons by knowingly: 2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age B. Subsection A, paragraph 2 of this section shall not apply to: 3. A firearm that is carried in: (a) A manner where any portion of the firearm or holster in which the firearm is carried is visible. (b) A holster that is wholly or partially visible. (c) A scabbard or case designed for carrying weapons that is wholly or partially visible. (d) Luggage. (e) A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. |
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13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age B. Subsection A, paragraph 2 of this section shall not apply to: 3. A firearm that is carried in: (a) A manner where any portion of the firearm or holster in which the firearm is carried is visible. (b) A holster that is wholly or partially visible. (c) A scabbard or case designed for carrying weapons that is wholly or partially visible. (d) Luggage. (e) A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. That's the kicker. |
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Quoted: case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. Quoted: 13-3102. Misconduct involving weapons; defenses; classification; definitions A. A person commits misconduct involving weapons by knowingly: 2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age B. Subsection A, paragraph 2 of this section shall not apply to: 3. A firearm that is carried in: (a) A manner where any portion of the firearm or holster in which the firearm is carried is visible. (b) A holster that is wholly or partially visible. (c) A scabbard or case designed for carrying weapons that is wholly or partially visible. (d) Luggage. (e) A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. That's the kicker. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." |
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case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." You got it - it can be uncased / unholstered in a glove box, map pocket, trunk, or even your console - anything that could be called a 'storage compartment'. |
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case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." You got it - it can be uncased / unholstered in a glove box, map pocket, trunk, or even your console - anything that could be called a 'storage compartment'. This Posted Via AR15.Com Mobile |
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case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." You got it - it can be uncased / unholstered in a glove box, map pocket, trunk, or even your console - anything that could be called a 'storage compartment'. I'm not entirely sure this is accurate - I believe it has to be holstered. Regardless of what the law says, having a loaded and unholstered handgun slopping around in a glove box is foolish IMHO. Spend the extra $10 on a cheap nylon holster. |
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case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." You got it - it can be uncased / unholstered in a glove box, map pocket, trunk, or even your console - anything that could be called a 'storage compartment'. I'm not entirely sure this is accurate - I believe it has to be holstered. Regardless of what the law says, having a loaded and unholstered handgun slopping around in a glove box is foolish IMHO. Spend the extra $10 on a cheap nylon holster. Good point - a holster is always the best idea, especially given the relatively inexpensive cost you can get them for. |
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Quoted: Quoted: Quoted: case/holster/scabbard/pack/luggage is good to go, as is uncased/unholstered/unpacked in the glove box or trunk. That is how it has been explained to me by lawyers, and that what it looks to mean with the "or" instead of "and." You got it - it can be uncased / unholstered in a glove box, map pocket, trunk, or even your console - anything that could be called a 'storage compartment'. I'm not entirely sure this is accurate - I believe it has to be holstered. Regardless of what the law says, having a loaded and unholstered handgun slopping around in a glove box is foolish IMHO. Spend the extra $10 on a cheap nylon holster. This is a link to a 1985 Arizona AG opinion (not a court decision, FYI) that lays out that the weapon can be in a "storage compartment" and not be in a holster: http://azmemory.lib.az.us/cdm4/item_viewer.php?CISOROOT=/agopinions&CISOPTR=9155&CISOBOX=1&REC=1 Since 1985, the definition of what a storage department has been expanded. Back in 1985 it was limited to the glove compartment, but since cars now have a lot more places to put stuff, the definition has been expanded periodically over the last few years. But, I do agree that having it in a holster and not rattling around is the better idea. |