HooVooLoo
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- May 31, 2008
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I had been thinking of a comment grant made in an older thread about OC, and he stated that there is no specific statute in any state authorizing open carry, but that it is inferred, like here in MA; It is not specifically denied, but not specifically allowed, either.
Was doing a little research and came across the following...
I heard that once you obtain an Arizona CCW permit, you have to carry concealed all of the time (if armed) and are forbidden to carry in the open. Is this true?
No. You may carry open or concealed.
From the FAQ on the AZ DPS site.
So then I was searching high and low in the AZ general laws for where it specifically states that, and all I could find was...
The following statute, 13.421, paraphrased here.
A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force...
C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force....
D. For the purposes of this section, "defensive display of a firearm" includes:
1. Verbally informing another person that the person possesses or has available a firearm.
2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.
3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.
So is the above statute the one that legally reinforces the statement on the AZ DPS website? Is that considered, in legal jargon, a defined right to carry openly?
Was doing a little research and came across the following...
I heard that once you obtain an Arizona CCW permit, you have to carry concealed all of the time (if armed) and are forbidden to carry in the open. Is this true?
No. You may carry open or concealed.
From the FAQ on the AZ DPS site.
So then I was searching high and low in the AZ general laws for where it specifically states that, and all I could find was...
The following statute, 13.421, paraphrased here.
A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force...
C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force....
D. For the purposes of this section, "defensive display of a firearm" includes:
1. Verbally informing another person that the person possesses or has available a firearm.
2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.
3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.
So is the above statute the one that legally reinforces the statement on the AZ DPS website? Is that considered, in legal jargon, a defined right to carry openly?