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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
AMENDED
concealed weapons; notice; repeal
Purpose
Allows a person to carry a concealed handgun on the premises of a restaurant licensee, provided that the person has a concealed carry weapon permit (CCW) and does not consume spirituous liquor and the restaurant has no other licenses attached to the premises. Modifies liabilities and legal obligations for licensees and employees of restaurants that must allow for the carrying of concealed handguns on licensed premises.
Background
Statute allows individuals to carry concealed handguns on the premises of a liquor licensee who is an on-sale retailer, except that carrying firearms is prohibited if the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. The sign must conform to specified requirements, including that it be posted in a conspicuous location, contain a pictogram of a firearm within a red circle and diagonal red line through the firearm, and the words no firearms allowed pursuant to A.R.S. section 4-229. Statute outlines various affirmative defenses to this prohibition and also specifies that persons may enter a premises where weapons are prohibited in order to seek emergency aid or to determine if a sign has been posted. Violations of this prohibition are classified as class 3 misdemeanors (A.R.S. §§ 4-229 and 4-246). An on-sale retailer means any person operating an establishment where spiritous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises (A.R.S. § 4-101).
Restaurant licenses may be issued by the Director of the Department of Liquor Licenses and Control (DLLC) to establishments regularly open for serving food to guests for compensation and that have suitable kitchen facilities. The holder of such a license may sell and serve spirituous liquor solely for consumption on the licensed premises. To be eligible for a restaurant license, the establishment must derive at least 40 percent of its gross revenue from the sale of food, including sales of food for consumption off the licensed premises if certain specifications are met (A.R.S. § 4-205.02).
The Department of Public Safety is required to issue CCW permits to qualified applicants who: 1) are U.S. citizens or Arizona residents; 2) are 21 years old or older, or at least 19 years old with evidence of current or prior military service; 3) are not under indictment for or convicted of a felony; 4) do not suffer from mental illness and has not been adjudicated mentally incompetent; 5) are not unlawfully present in the United States; and 6) has demonstrated competence with a firearm through prescribed methods, including a firearms safety training course, a hunter education course, a law enforcement training course, documented military experience or a valid current or expired CCW permit. CCW permittees who carry on the premises of an on-sale retailer who allows for concealed carry on their premises must present the permit for inspection on the request of a law enforcement officer. Failure to present the permit subjects a person to a $300 civil penalty, possible permit suspension and possible temporary forfeiture of their firearm (A.R.S. § 13-3112).
A person commits misconduct involving weapons if the person, unless specifically authorized by law, knowingly enters any public establishment or public event while carrying a deadly weapon after a reasonable request by the operator of the establishment or event to remove the weapon and place it in the custody of the operator of the establishment or event, who then must provide for the temporary and secure storage of the firearm. Public establishment means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state, and public event means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity (A.R.S. §§ 13-3102 and 13-3102.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to carry a concealed handgun on the premises of a restaurant licensee if the person has a valid CCW permit and does not consume spiritous liquor, and the restaurant has no other licenses attached to the premises.
2. States that the presence of a concealed handgun does not create an obligation for a restaurant licensee or an employee of the restaurant to intervene or notify law enforcement officials if the licensee reasonably believes that the concealed handgun is being carried in compliance with statutory requirements.
3. States that a restaurant licensee is not subject to license suspension or revocation for a serious act of violence that occurs on the licensed premises, if the violent act is the result of a concealed handgun on the licensed premises.
4. Specifies that a restaurant licensee may be subject to license suspension or revocation if an act of violence occurs and the licensee or employee knew the person was carrying a concealed handgun and knowingly served the person a spiritous liquor.
5. Prohibits the Director of DLLC (Director), notwithstanding any other law, from suspending, revoking or refusing to renew a restaurant license or permit based on a person's carrying of a concealed handgun on the premises of the restaurant licensee.
6. Establishes a presumption that a person who is in possession of a concealed handgun on a licensed premises is carrying the concealed handgun in compliance with statutory requirements.
7. Specifies that no additional verification of compliance is required by a restaurant licensee or an employee, and that neither a licensee nor an employee is obligated to inquire, investigate or otherwise determine whether a person with a concealed handgun has a CCW permit.
8. Allows the Director, notwithstanding any other law, to suspend, revoke or refuse to renew a restaurant license or permit for a violation that involves a concealed handgun on a licensed premises if the Director shows that the licensee acted with gross negligence and that the gross negligence was the direct cause of the basis of the complaint and violation.
9. Exempts a licensee, notwithstanding any other law, from liability for property damage, personal injury or wrongful death, if the damage, injury or death was caused by a concealed handgun carried on the licensed premises of an on-sale retailer, unless the court or a jury finds that the licensee or an employee of the licensee:
a) served spiritous liquor to the person who the licensee or employee knew was carrying a concealed handgun; or
b) knew that the person was carrying a concealed handgun in violation of statutory requirements and the licensee or employee failed to notify law enforcement.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Limits the premises on which a person may carry a concealed handgun to only a restaurant licensee as specified.
2. Restores the ability of all other on-sale retailers to post a sign prohibiting the carrying of firearms on the premises.
3. States that the presence of a concealed handgun does not create an obligation for a restaurant licensee or an employee of the restaurant to intervene or notify law enforcement officials if the licensee reasonably believes that the concealed handgun is being carried in compliance with statutory requirements.
4. States that a restaurant licensee is not subject to license suspension or revocation for a serious act of violence that occurs on the licensed premises, if the violent act is the result of a concealed handgun on the licensed premises.
5. Specifies that a restaurant licensee may be subject to license suspension or revocation if an act of violence occurs and the licensee or employee knew the person was carrying a concealed handgun and knowingly served the person a spiritous liquor.
6. Prohibits the Director, notwithstanding any other law, from suspending, revoking or refusing to renew a restaurant license or permit based on a person's carrying of a concealed handgun on the premises of the restaurant licensee.
7. Establishes a presumption that a person who is in possession of a concealed handgun on a licensed premises is carrying the concealed handgun in compliance with statutory requirements.
8. Specifies that no additional verification of compliance is required by a restaurant licensee or an employee, and that neither a licensee nor an employee is obligated to inquire, investigate or otherwise determine whether a person with a concealed handgun has a CCW permit.
9. Allows the Director, notwithstanding any other law, to suspend, revoke or refuse to renew a restaurant license or permit for a violation that involves a concealed handgun on a licensed premises if the Director shows that the licensee acted with gross negligence and that the gross negligence was the direct cause of the basis of the complaint and violation.
10. Exempts a licensee, notwithstanding any other law, from liability for property damage, personal injury or wrongful death, if the damage, injury or death was caused by a concealed handgun carried on the licensed premises of an on-sale retailer, unless the court or a jury finds that the licensee or an employee of the licensee:
a) served spiritous liquor to the person who the licensee or employee knew was carrying a concealed handgun; or
b) knew that the person was carrying a concealed handgun in violation of statutory requirements and the licensee or employee failed to notify law enforcement.
11. Makes technical and conforming changes.
Governor's Veto Message
The Governor indicates in her veto message that she will not take away decision-making authority from a restaurant business over firearm restrictions in their own establishments.
Senate Action House Action
JUDE 2/20/26 DPA 4-2-1 JUD 3/25/26 DP 6-2-0-2
3rd Read 3/9/26 16-13-1 3rd Read 6/11/26 32-23-5
Vetoed by the Governor 6/19/26
Prepared by Senate Research
June 24, 2026
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