From: forda@gtephx.UUCP (Andrew Ford @ AGCS, Phoenix, Arizona)
Newsgroups: rec.guns
Subject: Re: A gun in the car
Date: 8 Jan 93 22:22:57 GMT
Organization: gte

In article <9212190129.AA27356@jupiter.ame.arizona.edu>, raymond@jupiter.ame.arizona.edu (Raymond Man) writes:
# 
# In <1992Dec18.190154.26083@CERIS.Purdue.EDU>
# jheath@fieldofdreams.npirs.purdue.edu (Jim Heath) suggested:
# #How about mounting a holster on the console/drive-train tunnel concealed
# #by the passenger seat - presuming bucket seats ;-{).
# 
# I was told, in Arizona, a gun with or without holster can be put inside
# the glove compartment or under a seat, BUT mounting a holster that
# way is considered as concealed carried. The rationale being the weapon
# is then intented to be use as a concealed one and not just stored for
# transportation.

You was told slightly wrong.

Note ARS13-3102 sub-sections A-1, A-2, & F.

A gun in a holster is legal -- anywhere in the vehicle.
A gun under the seat is illegal unless it is holstered.

Holding a gun in your vehicle, discharging a gun in your
vehicle, having a gun concealed on your person in your
vehicle, or having an un-holstered gun on or under the seat
or on the dash board is illegal (unless you are justified in
threatening or using deadly physical force).

The rationale being that you ought to be able to defend yourself
in a hurry, but you ought to have some action which notifies
the conscience that you are about to kill someone (ie: unholstering).

I'd reccomend that you get _


Arizona Revised Statutes, Title 13, Chapter 31

13-3102 Misconduct involving weapons; defenses; classification

  A.  A person commits misconduct involving weapons by knowingly:

    1.  Carrying a deadly weapon except a pocket knife concealed on 
        his person; or

    2.  Carrying a deadly weapon concealed within immediate control of 
        any person in or on a means of transportation; or

    3.  Manufacturing, possessing, transporting, selling or
        transferring a prohibted weapon; or

    4.  Possessing a deadly weapon if such person is a prohibited
        possessor; or

    5.  Selling or transferring a deadly weapon to a prohibited
        possessor; or       possessor; or

    6.  Defacing a deadly weapon; or

    7.  Possessing a defaced deadly weapon knowing the deadly weapon
        was defaced; or

    8.  Unless specifically authorized by law, entering public
        establishment or attending any public event and carrying a deadly weapon
        on his person after a reasonable request by the operator of the 
        establishment or the sponsor of the event or his agent to remove his
        weapon and place it in the custody of the operator of the establishment
        or sponsor of the event; or

    9.  Unless specifically authorized by law, entering an election
        polling place on the day of any election carrying a deadly weapon.

  B.  Subsection A, paragraph 1 of this section shall not apply to a 
      person in his dwelling, business premises or on real property owned or 
      leased by that person.

  C.  Subsection A, paragraphs 1, 2, 3, 7, 8 and 9 of this section 
      shall not apply to:

    1.  A peace officer or any person summoned by any peace officer to
        assist and while actually assisting in the performance of official
        duties; or

    2.  A member of the military forces of the United States or of any
        State of the United States in the performance of official duties; or

    3.  A person specifically licensed, authorized or permitted
        pursuant to a statute of this state or of the United States.

  D.  Subsection A, paragraphs 3 and 7 of this section shall not
      apply to:

    1.  The possession, transporting, selling or transferring of 
        weapons by a museum as a part of its collection or an educational 
        institution for educational purposes or by an authorized employee of
        such museum or institution, if:
        (a) Such museum or institution is operated by the United States
            or this state or a political subdivision of this state, or by an
            organization described in section 170(C) of title 26 of the United 
            States Coide as a recipient of a charitable contribution; and
        (b) Reasonable precautions are taken with respect ot theft of
            misuse of such material.

    2.  The regular and lawful transporting as merchandise; or

    3.  Acquisition by a person by operation of law such as by gift,
        devise or descent or in a fiduciary capacity as a recipient of the
        propertyor former property of an insolvent, incapacitated or deceased
        person.

  E.  Subsection A, paragraph 3 of this section shall not apply to
      the merchandise of an authorized manufacturer thereof or dealer therein,
      when such material is inteded to be manufactured, possessed, 
      transported, sold or transferred solely for or to a dealer or a regularly
      constituted or appointed state, county or municipal police department or
      police officer, or a detention facility, or the military service of this 
      or another state or the United States, or a museum or educational
      institution or a person specifically licensed or permitted pursuant to
      federal or state law.

  F.  Subsection A, paragraph 1 of this section shall not apply to a
      weapon or weapons carried in a belt holster which holster is wholly or
      partially visible, or carried in a scabbard or case designed for carrying
      weapons which scabbard or case is wholly or partially visible or carried
      in luggage.  Subsection A, paragraph 2 of this section shall not apply to
      a weapon or weapons carried in a case, holster or scabbard in a means of 
      transportation or a storage compartment, trunk, pack, luggage, or glove
      compartment of a means of transportation.

  G.  Subsection A, paragraph 8 of this section shall not apply to
      shooting ranges or shooting events, hunting areas or similar locations
      or activities.

  H.  Subsection A, paragraph 3 of this sections shall not apply to a 
      weapon described in section 13-3101, paragraph 6, subdivision (e), if
      such weapon is possessed for the purposes of preparing for, conducting or
      participating in lawful exhibitions, demonstrations, contests or
      athletic events involving the use of such weapon.

  I.  Misconduct involving weapons under subsection A, paragraph 3
      of this section is a class 4 felony.  Misconduct involving weapons under
      subsection A, paragraphs 4 through 7 of this section is a class 6 felony.
      Misconduct involving weapons under subsection A, paragraphs 1,2,8, and 9
      of this section is a class 1 misdemeanor.

[...]

13-3108 Firearms regulated by state; state preemption

  A.  Ordinances of any political subdivision of this state relating
      to the transportation, possession, carrying, sale and use of firearms in
      this state shall not be in conflict with this chapter.

  B.  A political subdivision of this state shall not require the
      licensing or registration of firearms or prohibit the ownership, 
      purchase, sale or transfer of firearms.





-- 
"25 States allow anyone to buy a gun, strap it on, and walk down the street with
no permit of any kind: some say it's crazy.  However, 4 out of 5 US murders are 
committed in the other half of the country: so who is crazy?"   -  Andrew Ford
gtephx!forda@enuucp.eas.asu.edu  OR  !uunet!samsung!romed!enuucp!gtephx!forda