Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3112, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3112. Concealed weapons; qualification;
application; permit to carry; certificate of firearms proficiency; training
program; program instructors; report; applicability; violation; classification
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 section 13‑3101,
subsection A, paragraph 6 or this section shall be immediately suspended and
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 the
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 permittee who carries a concealed weapon and
who fails to present a permit for inspection on the request of a law
enforcement officer is guilty of a petty offense. A permittee shall not be
convicted of a violation of this subsection if the permittee produces to the
court a legible permit that is issued to the permittee and that was valid at the time the violation
of this subsection occurred.
E. The department of public safety shall issue a
permit to an applicant who meets all of the following conditions:
1. Is a resident of this state or a United States citizen.
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 O of this section. This paragraph does not apply to:
(a) 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.
(b) A person who is an active duty county detention
officer and who has been weapons certified by the officer's employing agency.
(c) A person who is issued a certificate of firearms
proficiency pursuant to subsection X of this section.
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 not to exceed ninety-nine dollars determined
by the director of the department.
G. On receipt of a concealed weapon permit
application, the department of public safety shall conduct a check of the
applicant's criminal history record pursuant to section 41‑1750. The
department of public safety may exchange fingerprint card information with the
federal bureau of investigation for federal 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 that the applicant may request a hearing
pursuant to title 41, chapter 6, article 10.
I. On issuance Unless the permit is suspended or revoked
pursuant to subsection C or N of this section, a permit is valid, at the option of the permit holder on
issuance or renewal, for five
years, except a permit that is held by a member of the United States armed
forces, including a member of the Arizona national guard or a member of the
reserves of any military establishment of the United States, who is on federal
active duty and who is deployed overseas shall be extended until ninety days
after the end of the member's overseas deployment the permit holder's lifetime or for five 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 issued by this state. This information and any
other records that are maintained regarding applicants, permit holders or
instructors shall not be available to any other person or entity except on an
order from a state or federal court.
K. Notwithstanding subsection J of this section, it
is a defense to any charge for carrying a deadly weapon without a permit by a
member of the United States armed forces, including a member of the Arizona
national guard or a member of the reserves of any military establishment of the
United States, if the member was on federal active duty at the time the permit
expired and the member presents documentation indicating release from active
duty or reassignment from overseas deployment within the preceding ninety days.
L. A permit
issued pursuant to this section is renewable every five years. If a permit holder chooses a five-year permit
pursuant to subsection I of this section, before a permit may be
renewed, a criminal history records check shall be conducted pursuant to
section 41‑1750 within sixty days after receipt of the application for
renewal. For the purposes of permit renewal, the permit holder is not required
to submit additional fingerprints.
M. Applications for renewal shall be accompanied by
a fee determined by the director of the department of public safety.
N. 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 department 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.
O. 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:
1. Is at least eight hours in length.
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.
(b) Weapon care and maintenance.
(c) Mental conditioning for the use of deadly force.
(d) Safe handling and storage of weapons.
(e) Marksmanship.
(f) Judgmental shooting.
4. Is conducted by instructors who submit to a
background investigation, including a check for warrants and a criminal history
records check.
P. If approved pursuant to subsection O of this
section, the organization shall submit to the department of public safety two
sets of fingerprints from each instructor and a fee to be determined by the
director of the department of public safety. On receipt of the fingerprints
and fee, the department of public safety shall conduct a check of each
instructor's criminal history record pursuant to section 41‑1750. The
department of public safety may exchange this fingerprint card information with
the federal bureau of investigation for federal criminal history record checks.
Q. The proprietary interest of all approved
instructors and programs shall be safeguarded, and the contents of any training
program shall not be disclosed to any person or entity other than a bona fide
criminal justice agency, except upon
on an order from a state
or federal court.
R. If the department of public safety rejects a
program, the rejected organization may request a hearing pursuant to title 41,
chapter 6, article 10.
S. The department of public safety shall maintain
information comparing the number of permits requested, the number of permits
issued and the number of permits denied. The department shall annually report
this information to the governor and the legislature.
T. The director of the department of public safety
shall adopt rules for the purpose of implementing and administering the
concealed weapons permit program including fees relating to permits and
certificates that are issued pursuant to this section.
U. This state and any political subdivision of this
state shall recognize a concealed weapon, firearm or handgun permit or license
that is issued by another state or a political subdivision of another state if
both:
1. The permit or license is recognized as valid in
the issuing state.
2. The permit or license holder is all of the
following:
(a) Not a resident of this state.
(b) Legally present in this state.
(c) Not legally prohibited from possessing a firearm
in this state.
V. For the purpose of establishing mutual permit or
license recognition with other states, the department of public safety shall
enter into a written agreement if another state requires a written agreement.
W. Notwithstanding the provisions of this section, a
person with a concealed weapons permit from another state may not carry a
concealed weapon in this state if the person is under twenty‑one years of
age or is under indictment for, or has been convicted of, a felony offense in
any jurisdiction, even if the person's rights have been restored and the
conviction is expunged, set aside or vacated.
X. The department of
public safety may issue certificates of firearms proficiency according to the
Arizona peace officer standards and training board firearms qualification for
the purposes of implementing the law enforcement officers safety act of 2004
(P.L. 108‑277; 118 Stat. 865; 18 United States Code sections 926B and
926C). A law enforcement agency shall issue to a law enforcement officer who
has honorably retired a photographic identification that states that the
officer has honorably retired from the agency. The chief law enforcement
officer shall determine whether an officer has honorably retired and the
determination is not subject to review. A law enforcement agency has no
obligation to revoke, alter or modify the honorable discharge photographic
identification based on conduct that the agency becomes aware of or that occurs
after the officer has separated from the agency. END_STATUTE
