concealed weapons; notice; repeal, the official text

PREFILED    DEC 09 2025

REFERENCE TITLE: concealed weapons; notice; repeal

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1012

Introduced by

Senator
Shamp

AN
ACT

amending sections
4-229, 4-244, 4-246 and 13-3112, Arizona Revised
Statutes; relating to concealed weapons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 4-229, Arizona Revised
Statutes, is amended to read:

START_STATUTE4-229. Concealed handguns; permit; consumption of spirituous liquor

A. A person may carry a concealed handgun on the
premises of a licensee who is an on-sale retailer [unless
the licensee posts a sign that clearly prohibits the possession of weapons on
the licensed premises] if the person has a permit issued
pursuant to section 13-3112 and does not consume spirituous liquor. The sign shall conform to the following requirements:

[1. Be posted in a conspicuous location
accessible to the general public and immediately adjacent to the liquor license
posted on the licensed premises.]

[2. Contain a pictogram that shows a
firearm within a red circle and a diagonal red line across the firearm.]

[3. Contain the words, "no
firearms allowed pursuant to A.R.S. section 4-229".]

[B. A person shall not carry a firearm
on the licensed premises of an on-sale retailer if the licensee has posted the
notice prescribed in subsection A of this section.]

[C. It is an affirmative defense to a
violation of subsection B of this section if:]

[1. The person was not informed of the
notice prescribed in subsection A of this section before the violation.]

[2. Any one or more of the following
apply:]

[(a) At the time of the violation the
notice prescribed in subsection A of this section had fallen down.]

[(b) At the time of the violation the
person was not a resident of this state.]

[(c) The licensee had posted the notice
prescribed in subsection A of this section not more than thirty days before the
violation.]

[D. The department of liquor licenses
and control shall prepare the signs required by this section and make them
available at no cost to licensees.]

[E. The signs required by this section
shall be composed of block, capital letters printed in black on white laminated
paper at a minimum weight of one hundred ten pound index.  The lettering and
pictogram shall consume a space at least six inches by nine
inches. The letters constituting the words "no firearms
allowed" shall be at least three-fourths of a vertical inch and all
other letters shall be at least one-half of a vertical inch.  Nothing
shall prohibit a licensee from posting additional signs at one or more
locations on the premises.]

[F. This section does not prohibit a
person who possesses a handgun from entering the licensed premises for a
limited time for the specific purpose of either:]

[1. Seeking emergency aid.]

[2. Determining whether a sign has been
posted pursuant to subsection A of this section.]

Sec. 2. Section 4-244, Arizona Revised
Statutes, is amended to read:

START_STATUTE4-244. Unlawful acts; definition

It is unlawful:

1. For a person to buy for resale, sell or deal in
spirituous liquors in this state without first having procured a license duly
issued by the board, except that the director may issue a temporary permit of
any series pursuant to section 4-205.05 to a trustee in bankruptcy to
acquire and dispose of the spirituous liquor of a debtor.

2. For a person to sell or deal in alcohol for
beverage purposes without first complying with this title.

3. For a distiller, vintner, brewer or wholesaler
knowingly to sell, dispose of or give spirituous liquor to any person other
than a licensee except in sampling wares as may be necessary in the ordinary
course of business, except in donating spirituous liquor to a nonprofit
organization that has obtained a special event license for the purpose of
charitable fundraising activities or except in donating spirituous liquor with
a cost to the distiller, brewer or wholesaler of up to $500 in a calendar year
to an organization that is exempt from federal income taxes under section
501(c) (3), (4), (6) or (7) of the internal revenue code and not licensed under
this title.

4. For a distiller, vintner or brewer to require a
wholesaler to offer or grant a discount to a retailer, unless the discount has
also been offered and granted to the wholesaler by the distiller, vintner or
brewer.

5. For a distiller, vintner or brewer to use a
vehicle for trucking or transporting spirituous liquors unless there is affixed
to both sides of the vehicle a sign showing the name and address of the
licensee and the type and number of the person's license in letters not less
than three and one-half inches in height.

6. For a person to take or solicit orders for
spirituous liquors unless the person is a salesman or solicitor of a licensed
wholesaler, a salesman or solicitor of a distiller, brewer, vintner, importer
or broker or a registered retail agent.

7. For any retail licensee to purchase spirituous
liquors from any person other than a solicitor or salesman of a wholesaler
licensed in this state.

8. For a retailer to acquire an interest in property
owned, occupied or used by a wholesaler in the wholesaler's business, or in a
license with respect to the premises of the wholesaler.

9. Except as provided in paragraphs 10 and 11 of
this section, for a licensee or other person to sell, furnish, dispose of or
give, or cause to be sold, furnished, disposed of or given, to a person under
the legal drinking age or for a
person under the legal drinking age to buy, receive, have in the person's
possession or consume spirituous liquor. This paragraph does not
prohibit the employment by an off-sale retailer of persons who are at
least sixteen years of age to check out, if supervised by a person on the
premises who is at least eighteen years of age, package or carry merchandise,
including spirituous liquor, in unbroken packages, for the convenience of the
customer of the employer, if the employer sells primarily merchandise other
than spirituous liquor.

10. For a licensee to employ a person under eighteen
years of age to manufacture, sell or dispose of spirituous
liquors. This paragraph does not prohibit the employment by an off-sale
retailer of persons who are at least sixteen years of age to check out, if
supervised by a person on the premises who is at least eighteen years of age,
package or carry merchandise, including spirituous liquor, in unbroken
packages, for the convenience of the customer of the employer, if the employer
sells primarily merchandise other than spirituous liquor.

11. For an on-sale retailer to employ a person
under eighteen years of age in any capacity connected with the handling of
spirituous liquors.  This paragraph does not prohibit the employment by an on-sale
retailer of a person under eighteen years of age who cleans up the tables on
the premises for reuse, removes dirty dishes, keeps a ready supply of needed
items and helps clean up the premises.

12. For a licensee, when engaged in waiting on or
serving customers, to consume spirituous liquor or for a licensee or on-duty
employee to be on or about the licensed premises while in an intoxicated or
disorderly condition.

13. For an employee of a retail licensee, during
that employee's working hours or in connection with such employment, to give to
or purchase for any other person, accept a gift of, purchase for the employee
or consume spirituous liquor, except that:

(a) An employee of a licensee, during that
employee's working hours or in connection with the employment, while the
employee is not engaged in waiting on or serving customers, may give spirituous
liquor to or purchase spirituous liquor for any other person.

(b) An employee of an on-sale retail licensee,
during that employee's working hours or in connection with the employment,
while the employee is not engaged in waiting on or serving customers, may taste
samples of beer or wine of not more than four ounces per day or distilled spirits
of not more than two ounces per day provided by an employee of a wholesaler or
distributor who is present at the time of the sampling.

(c) An employee of an
on-sale retail licensee, under the supervision of a manager as part of
the employee's training and education, while not engaged in waiting on or
serving customers may taste samples of distilled spirits of not more than two
ounces per educational session or beer or wine of not more than four ounces per
educational session, and provided that a licensee does not have more than two
educational sessions in any thirty-day period.

(d) An unpaid volunteer who is a bona fide member of
a club and who is not engaged in waiting on or serving spirituous liquor to
customers may purchase for himself and consume spirituous liquor while
participating in a scheduled event at the club. An unpaid
participant in a food competition may purchase for himself and consume
spirituous liquor while participating in the food competition.

(e) An unpaid volunteer of a special event licensee
under section 4-203.02 may purchase and consume spirituous liquor while
not engaged in waiting on or serving spirituous liquor to customers at the
special event.  This subdivision does not apply to an unpaid volunteer whose
responsibilities include verification of a person's legal drinking age,
security or the operation of any vehicle or heavy machinery.

(f) A representative of a producer or wholesaler
participating at a special event under section 4-203.02 may consume small
amounts of the products of the producer or wholesaler on the premises of the
special event for the purpose of quality control.

14. For a licensee or other person to serve, sell or
furnish spirituous liquor to a disorderly or obviously intoxicated person, or
for a licensee or employee of the licensee to allow a disorderly or obviously
intoxicated person to come into or remain on or about the premises, except that
a licensee or an employee of the licensee may allow an obviously intoxicated
person to remain on the premises for not more than thirty minutes after the
state of obvious intoxication is known or should be known to the licensee for a
nonintoxicated person to transport the obviously intoxicated person from the
premises. For the purposes of this section, "obviously
intoxicated" means inebriated to the extent that a person's physical
faculties are substantially impaired and the impairment is shown by
significantly uncoordinated physical action or significant physical dysfunction
that would have been obvious to a reasonable person.

15. For an on-sale or off-sale retailer
or an employee of such retailer or an alcohol delivery contractor to sell,
dispose of, deliver or give spirituous liquor to a person between the hours of
2:00 a.m. and 6:00 a.m., except that:

(a) A retailer with off-sale privileges may
receive and process orders, accept payment or package, load or otherwise
prepare spirituous liquor for delivery at any time, if the actual deliveries to
customers are made between the hours of 6:00 a.m. and 2:00 a.m., at which time
section 4-241, subsections A and K apply.

(b) The governor, in consultation with the
governor's office of highway safety and the public safety community in this
state, may issue an executive order that extends the closing time until 3:00
a.m. for spirituous liquor sales in connection with a professional or
collegiate national sporting championship event held in this state.

16. For a licensee or employee to knowingly allow
any person on or about the licensed premises to give or furnish any spirituous
liquor to any person under twenty-one years of age or knowingly allow any
person under twenty-one years of age to have in the person's possession
spirituous liquor on the licensed premises.

17. For an on-sale retailer or an employee of
such retailer to allow a person to consume or possess spirituous liquors on the
premises between the hours of 2:30 a.m. and 6:00 a.m., except that if the
governor extends the closing time for a day for spirituous liquor sales
pursuant to paragraph 15 of this section it is unlawful for an on-sale retailer
or an employee of such retailer on that day to allow a person to consume or
possess spirituous liquor on the premises between the hours of 3:30 a.m. and
6:00 a.m.

18. For an on-sale retailer to allow an
employee or for an employee to solicit or encourage others, directly or
indirectly, to buy the employee drinks or anything of value in the licensed
premises during the employee's working hours. An on-sale
retailer shall not serve employees or allow a patron of the establishment to
give spirituous liquor to, purchase liquor for or drink liquor with any
employee during the employee's working hours.

19. For an off-sale retailer or employee to
sell spirituous liquor except in the original unbroken container, to allow
spirituous liquor to be consumed on the premises or to knowingly allow
spirituous liquor to be consumed on adjacent property under the licensee's exclusive
control.

20. For a person to consume spirituous liquor in a
public place, thoroughfare or gathering. The license of a licensee
allowing a violation of this paragraph on the premises shall be subject to
revocation. This paragraph does not apply to the sale of spirituous
liquors on the premises of and by an on-sale retailer. This
paragraph also does not apply to a person consuming beer or wine from a broken
package in a public recreation area or on private property with permission of
the owner or lessor or on the walkways surrounding such private property or to
a person consuming beer or wine from a broken package in a public recreation
area as part of a special event or festival that is conducted under a license
secured pursuant to section 4-203.02 or 4-203.03.

21. For a person to possess or to transport
spirituous liquor that is manufactured in a distillery, winery, brewery or
rectifying plant contrary to the laws of the United States and this
state. Any property used in transporting such spirituous liquor
shall be forfeited to the state and shall be seized and disposed of as provided
in section 4-221.

22. For an on-sale retailer or employee to
allow a person under the legal drinking age to remain in an area on the
licensed premises during those hours in which its primary use is the sale,
dispensing or consumption of alcoholic beverages after the licensee, or the licensee's
employees, know or should have known that the person is under the legal
drinking age. An on-sale retailer may designate an area of the
licensed premises as an area in which spirituous liquor will not be sold or
consumed [for the purpose of allowing] to
allow underage persons on the premises if the designated area is
separated by a physical barrier and at no time will underage persons have
access to the area in which spirituous liquor is sold or consumed. A
licensee or an employee of a licensee may require a person who intends to enter
a licensed premises or a portion of a licensed premises where persons under the
legal drinking age are prohibited under this section to exhibit an instrument
of identification that is acceptable under section 4-241 as a condition
of entry or may use a biometric identity verification device to determine the
person's age as a condition of entry. The director, or a
municipality, may adopt rules to regulate the presence of underage persons on
licensed premises provided the rules adopted by a municipality are more
stringent than those adopted by the director. The rules adopted by
the municipality shall be adopted by local ordinance and shall not interfere
with the licensee's ability to comply with this paragraph. This
paragraph does not apply:

(a) If the person under the legal drinking age is
accompanied by a spouse, parent, grandparent or legal guardian of legal
drinking age or is an on-duty employee of the licensee.

(b) If the owner, lessee or occupant of the premises
is a club as defined in section 4-101, paragraph 8, subdivision (a) and
the person under the legal drinking age is any of the following:

(i) An active duty military service member.

(ii) A veteran.

(iii) A member of the United States army national
guard or the United States air national guard.

(iv) A member of the United States military reserve
forces.

(c) To the area of the premises used primarily for
serving food during the hours when food is served.

23. For an on-sale retailer or employee to
conduct drinking contests, to sell or deliver to a person an unlimited number
of spirituous liquor beverages during any set period of time for a fixed price,
to deliver more than fifty ounces of beer, one liter of wine or four ounces of
distilled spirits in any spirituous liquor drink to one person at one time for
that person's consumption or to advertise any practice prohibited by this
paragraph. This paragraph does not prohibit an on-sale
retailer or employee from selling and delivering an opened, original container
of distilled spirits if:

(a) Service or pouring of the spirituous liquor is
provided by an employee of the on-sale retailer. A licensee
shall not be charged for a violation of this paragraph if a customer, without
the knowledge of the retailer, removes or tampers with a locking device on a
bottle delivered to the customer for bottle service and the customer pours the
customer's own drink from the bottle, if when the licensee becomes aware of the
removal or tampering of the locking device the licensee immediately installs a
functioning locking device on the bottle or removes the bottle and lock from
bottle service.

(b) The employee of the on-sale retailer
monitors consumption to ensure compliance with this
paragraph. Locking devices may be used, but are not required.

24. For a licensee or employee to knowingly allow
the unlawful possession, use, sale or offer for sale of narcotics, dangerous
drugs or marijuana on the premises. For the purposes of this
paragraph, "dangerous drug" has the same meaning prescribed in
section 13-3401.

25. For a licensee or employee to knowingly allow
prostitution or the solicitation of prostitution on the premises.

26. For a licensee or employee to knowingly allow
unlawful gambling on the premises.

27. For a licensee or employee to knowingly allow
trafficking or attempted trafficking in stolen property on the premises.

28. For a licensee or employee to fail or refuse to
make the premises or records available for inspection and examination as
provided in this title or to comply with a lawful subpoena issued under this
title.

29. For any person other than a peace officer while
on duty or off duty or a member of a sheriff's volunteer posse while on duty
who has received firearms training that is approved by the Arizona peace
officer standards and training board, a retired peace officer as defined in
section 38-1113 or an honorably retired law enforcement officer who has
been issued a certificate of firearms proficiency pursuant to section 13-3112,
subsection T, the licensee or an employee of the licensee acting with the
permission of the licensee to be in possession of a firearm while on the
licensed premises of an on-sale retailer. This paragraph does
not include a situation in which a person is on licensed premises for a limited
time in order to seek emergency aid and such person does not buy, receive,
consume or possess spirituous liquor. This paragraph does not apply
to:

(a) Hotel or motel guest room accommodations.

(b) Exhibiting or displaying a firearm in
conjunction with a meeting, show, class or similar event.

(c) A person with a permit issued pursuant to
section 13-3112 who carries a concealed handgun on the licensed premises
of any on-sale retailer [that has not posted a notice]
pursuant to section 4-229.

30. For a licensee or employee to knowingly allow a
person in possession of a firearm other than a peace officer while on duty or
off duty or a member of a sheriff's volunteer posse while on duty who has
received firearms training that is approved by the Arizona peace officer
standards and training board, a retired peace officer as defined in section 38-1113
or an honorably retired law enforcement officer who has been issued a
certificate of firearms proficiency pursuant to section 13-3112,
subsection T, the licensee or an employee of the licensee acting with the
permission of the licensee to remain on the licensed premises or to serve, sell
or furnish spirituous liquor to a person in possession of a firearm while on
the licensed premises of an on-sale retailer. It is a defense
to action under this paragraph if the licensee or employee requested assistance
of a peace officer to remove such person. This paragraph does not
apply to:

(a) Hotel or motel guest room accommodations.

(b) Exhibiting or displaying a firearm in
conjunction with a meeting, show, class or similar event.

(c) A person with a permit issued pursuant to
section 13-3112 who carries a concealed handgun on the licensed premises
of any on-sale retailer [that has not posted a notice]
pursuant to section 4-229.

31. For any person in possession of a firearm while
on the licensed premises of an on-sale retailer to consume spirituous
liquor. This paragraph does not prohibit the consumption of small
amounts of spirituous liquor by an undercover peace officer on assignment to
investigate the licensed establishment.

32. For a licensee or employee to knowingly allow
spirituous liquor to be removed from the licensed premises, except in the
original unbroken package. This paragraph does not apply to any of
the following:

(a) A person who removes a bottle of wine that has
been partially consumed in conjunction with a purchased meal from licensed
premises if a cork is inserted flush with the top of the bottle or the bottle
is otherwise securely closed.

(b) A person who is in licensed premises that have
noncontiguous portions that are separated by a public or private walkway or
driveway and who takes spirituous liquor from one portion of the licensed
premises across the public or private walkway or driveway directly to the other
portion of the licensed premises.

(c) A licensee of a bar, beer and wine bar, liquor
store, beer and wine store, microbrewery or restaurant that has a permit
pursuant to section 4-205.02, subsection H that dispenses beer only in a
clean container composed of a material approved by a national sanitation
organization with a maximum capacity that does not exceed one gallon and not
for consumption on the premises if:

(i) The licensee or
the licensee's employee fills the container at the tap at the time of sale.

(ii) The container is
sealed and displays a government warning label.

(d) A bar or liquor store licensee that prepares a
mixed cocktail or a restaurant licensee that [leases the privilege
to sell mixed cocktails for consumption off the licensed premises pursuant to
section 4-203.06 or] holds a permit pursuant to section 4-203.07
and section 4-205.02, subsection K and that prepares a mixed cocktail and
transfers it to a clean container composed of a material approved by a national
sanitation organization with a maximum capacity that does not exceed thirty-two
ounces and not for consumption on the premises if all of the following apply:

(i) The licensee or licensee's employee fills the
container with the mixed cocktail on the licensed premises of the bar, liquor
store or restaurant.

(ii) The container is tamperproof sealed by the
licensee or the licensee's employee and displays a government warning label.

(iii) The container clearly displays the bar's,
liquor store's or restaurant's logo or name.

(iv) For a restaurant licensee licensed pursuant to
section 4-205.02, the sale of mixed cocktails for consumption off the
licensed premises is accompanied by the sale of menu food items for consumption
on or off the licensed premises.

33. For a person who is obviously intoxicated to buy
or attempt to buy spirituous liquor from a licensee or employee of a licensee
or to consume spirituous liquor on licensed premises.

34. For a person who is under twenty-one years
of age to drive or be in physical control of a motor vehicle while there is any
spirituous liquor in the person's body.

35. For a person who is under twenty-one years of
age to operate or be in physical control of a motorized watercraft that is
underway while there is any spirituous liquor in the person's
body. For the purposes of this paragraph, "underway" has
the same meaning prescribed in section 5-301.

36. For a licensee, manager, employee or controlling
person to purposely induce a voter, by means of alcohol, to vote or abstain
from voting for or against a particular candidate or issue on an election day.

37. For a licensee to fail to report an occurrence
of an act of violence to either the department or a law enforcement agency.

38. For a licensee to use a vending machine for the purpose of dispensing to dispense spirituous
liquor.

39. For a licensee to
offer for sale a wine carrying a label including a reference to Arizona or any
Arizona city, town or geographic location unless at least seventy-five
percent by volume of the grapes used in making the wine were grown in Arizona.

40. For a retailer to knowingly allow a customer to
bring spirituous liquor onto the licensed premises, except that an on-sale
retailer may allow a wine and food club to bring wine onto the premises for
consumption by the club's members and guests of the club's members in
conjunction with meals purchased at a meeting of the club that is conducted on
the premises and that at least seven members attend. An on-sale
retailer that allows wine and food clubs to bring wine onto its premises under
this paragraph shall comply with all applicable provisions of this title and
any rules adopted pursuant to this title to the same extent as if the on-sale
retailer had sold the wine to the members of the club and their
guests. For the purposes of this paragraph, "wine and food
club" means an association that has more than twenty bona fide members
paying at least $6 per year in dues and that has been in existence for at least
one year.

41. For a person who is under twenty-one years
of age to have in the person's body any spirituous liquor. In a
prosecution for a violation of this paragraph:

(a) Pursuant to section 4-249, it is a defense
that the spirituous liquor was consumed in connection with the bona fide
practice of a religious belief or as an integral part of a religious exercise
and in a manner not dangerous to public health or safety.

(b) Pursuant to section 4-226, it is a defense
that the spirituous liquor was consumed for a bona fide medicinal purpose and
in a manner not dangerous to public health or safety.

42. For an employee of a licensee to accept any
gratuity, compensation, remuneration or consideration of any kind to either:

(a) Allow a person who is under twenty-one
years of age to enter any portion of the premises where that person is
prohibited from entering pursuant to paragraph 22 of this section.

(b) Sell, furnish, dispose of or give spirituous
liquor to a person who is under twenty-one years of age.

43. For a person to purchase, offer for sale or use
any device, machine or process that mixes spirituous liquor with pure oxygen or
another gas to produce a vaporized product for the purpose of consumption by
inhalation or to allow patrons to use any item for the consumption of vaporized
spirituous liquor.

44. For a retail licensee or an employee of a retail
licensee to sell spirituous liquor to a person if the retail licensee or
employee knows the person intends to resell the spirituous liquor.

45. Except as
authorized by paragraph 32, subdivision (c) of this section, for a person to
reuse a bottle or other container authorized for use by the laws of the United
States or any agency of the United States for the packaging of distilled
spirits or for a person to increase the original contents or a portion of the
original contents remaining in a liquor bottle or other authorized container by
adding any substance.

46. For a direct shipment licensee, a farm winery
licensee or an employee of those licensees to sell, dispose of, deliver or give
spirituous liquor to an individual purchaser between the hours of
2:00 a.m. and 6:00 a.m., except that a direct shipment licensee or a
farm winery licensee may receive and process orders, accept payment, package,
load or otherwise prepare wine for delivery at any time without complying with
section 4-241, subsections A and K, if the actual deliveries to
individual purchasers are made between the hours of 6:00 a.m. and
2:00 a.m. and in accordance with section 4-203.04 for direct
shipment licensees and section 4-205.04 for farm winery licensees.

47. For a supplier to coerce or attempt to coerce a
wholesaler to accept delivery of beer or any other commodity that has not been
ordered by the wholesaler or for which the order was canceled. A
supplier may impose reasonable inventory requirements on a wholesaler if the
requirements are made in good faith and are generally applied to other
similarly situated wholesalers that have an agreement with the supplier.

Sec. 3. Section 4-246, Arizona Revised
Statutes, is amended to read:

START_STATUTE4-246. Violation; classification; fine; civil penalty

A. A person violating [any provision of]
this title is guilty of a class 2 misdemeanor unless another classification is
prescribed.

B. A person violating section 4-242.01,
subsection A or section 4-244, paragraph 9, 14, 34, 42 or 44 is guilty of
a class 1 misdemeanor.

C. A person violating section 4-229, subsection B or section 4-244, paragraph 31 is guilty of
a class 3 misdemeanor.

D. In addition to any other penalty prescribed by
law, the court may suspend the privilege to drive of a person who is under
eighteen years of age for a period of up to one hundred eighty days on
receiving the record of the person's first conviction for a violation of
section 4-244, paragraph 9.

E. In addition to any other penalty prescribed by
law, a person who is convicted of a violation of section 4-244, paragraph
42 shall pay a fine of at least $500.

F. In addition to any other penalty prescribed by
law, a person who is convicted of a violation of section 4-241,
subsection L, M or N shall pay a fine of at least $250.

G. A person that violates section 4-244,
paragraph 47 is subject to a civil penalty as prescribed in section 4-210.01.

Sec. 4. Section 13-3112, Arizona Revised Statutes, is amended to read:

13-3112. Concealed weapons; qualification; application; permit to carry;
civil penalty; report; applicability; annual report

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 is required by [section 4-229 or 4-244] any other law to carry the permit. If the person is
in actual possession of the concealed weapon and is required by [section
4-229 or 4-244] any other law to carry
the permit, the person shall present the permit for inspection to any law
enforcement officer on request. The department of public safety
shall prioritize applications of in-state residents when issuing a permit to
carry a concealed weapon.

B. 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 7 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.

C. A permittee who
carries a concealed weapon, who is required by [section 4-229
or 4-244] any other law to carry a permit and
who fails to present the permit for inspection on the request of a law
enforcement officer commits a violation of this subsection and is subject to a
civil penalty of not more than $300. The department of public safety
shall be notified of all violations of this subsection and shall immediately
suspend the permit. 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
permittee failed to present the permit for inspection.

D. A law enforcement officer shall not confiscate or
forfeit a weapon that is otherwise lawfully possessed by a permittee whose
permit is suspended pursuant to subsection C of this section, except that a law
enforcement officer may take temporary custody of a firearm during an
investigatory stop of the permittee.

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 or is
at least nineteen years of age and provides evidence of current military
service or proof of honorable discharge or general discharge under honorable
conditions from the United States armed forces, the United States armed forces
reserve or a state national guard.

3. Is not under indictment for and has not been
convicted in any jurisdiction of a felony unless that conviction has been
expunged, set aside or vacated or the applicant's rights have been restored and
the applicant is currently not a prohibited possessor under state or federal
law.

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. Has ever demonstrated competence with a firearm
as prescribed by subsection N of this section and provides adequate
documentation that the person has satisfactorily completed a training program
or demonstrated competence with a firearm in any state or political subdivision
in the United States. For the purposes of this paragraph,
"adequate documentation" means:

(a) A current or expired permit issued by the
department of public safety pursuant to this section.

(b) An original or copy of a certificate, card or
document that shows the applicant has ever completed any course or class
prescribed by subsection N of this section or an affidavit from the instructor,
school, club or organization that conducted or taught the course or class
attesting to the applicant's completion of the course or class.

(c) An original or a copy of a United States
department of defense form 214 (DD-214) indicating an honorable discharge
or general discharge under honorable conditions, a certificate of completion of
basic training or any other document demonstrating proof of the applicant's
current or former service in the United States armed forces as prescribed by
subsection N, paragraph 5 of this section.

(d) An original or a copy of a concealed weapon,
firearm or handgun permit or a license as prescribed by subsection N, paragraph
6 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, that the applicant has been
furnished a copy of this chapter and chapter 4 of this title and that the
applicant is knowledgeable about the provisions contained in those
chapters. The applicant shall submit the application to the
department with any documentation prescribed by subsection E of this section,
two sets of fingerprints and a reasonable fee 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 receiving 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 completing 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. For the purposes of this subsection,
"receiving the application" means the first day that the department
has physical control of the application and that is presumed to be on the date
of delivery as evidenced by proof of delivery by the United States postal
service or a written receipt, which shall be provided by the department on
request of the applicant.

I. On issuance, a permit is valid 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.

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 is
contacted by a law enforcement officer and 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. A criminal justice agency shall not use the
computerized permit record system to conduct inquiries on whether a person is a
concealed weapons permit holder unless the criminal justice agency has
reasonable suspicion to believe the person is carrying a concealed weapon and
the person is subject to a lawful criminal investigation, arrest, detention or
investigatory stop.

K. A permit issued
pursuant to this section is renewable every five years. At least
sixty days before the expiration date of a permit, the department of public
safety shall send a renewal reminder notice and renewal application form to the
permit holder. 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.

L. Applications for renewal shall be accompanied by
a fee determined by the director of the department of public safety.

M. 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.

N. An applicant shall demonstrate competence with a
firearm through any of the following:

1. Completion of any firearms safety or training
course or class that is available to the general public, that is offered by a
law enforcement agency, a junior college, a college or a private or public
institution, academy, organization or firearms training school and that is
approved by the department of public safety or that uses instructors who are
certified by the national rifle association.

2. Completion of any hunter education or hunter
safety course approved by the Arizona game and fish department or a similar
agency of another state.

3. Completion of any national rifle association
firearms safety or training course.

4. Completion of any law enforcement firearms safety
or training course or class that is offered for security guards, investigators,
special deputies or other divisions or subdivisions of law enforcement or
security enforcement and that is approved by the department of public safety.

5. Evidence of current military service or proof of
honorable discharge or general discharge under honorable conditions from the
United States armed forces.

6. A valid current or expired concealed weapon,
firearm or handgun permit or license that is issued by another state or a
political subdivision of another state and that has a training or testing
requirement for initial issuance.

7. Completion of any governmental police agency
firearms training course and qualification to carry a firearm in the course of
normal police duties.

8. Completion of any other firearms safety or
training course or class that is conducted by a department of public safety
approved or national rifle association certified firearms instructor.

O. 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 electronically to the governor and the
legislature.

P. The director of the department of public safety
shall adopt rules [for the purpose of implementing and
administering] to implement and administer this
section, including fees relating to permits that are
issued pursuant to this section.

Q. 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) Legally present in this state.

(b) Not legally prohibited from possessing a firearm
in this state.

R. 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.
The department of public safety shall submit an electronic report to the
governor and the legislature each year that includes any changes that were made
in the previous year to a written agreement with another state.

S. 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, unless that conviction is expunged, set aside or vacated or
the person's rights have been restored and the person is currently not a
prohibited possessor under state or federal law.

T. 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 or prosecutorial agency shall issue to a qualified retired law
enforcement officer who has honorably retired a photographic identification
that states that the officer has honorably retired from the
agency. A person who was a municipal, county or state prosecutor is
deemed to meet the qualifications of 18 United States Code section
926C(c)(2). The chief law enforcement officer shall determine
whether an officer has honorably retired and the determination is not subject
to review. A law enforcement or prosecutorial 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. For the purposes of
this subsection, "qualified retired law enforcement officer" has the
same meaning prescribed in 18 United States Code section 926C.

U. The initial and renewal application fees
collected pursuant to this section shall be deposited, pursuant to sections 35-146
and 35-147, in the concealed weapons permit fund established by section
41-1722.

V. On or before July 31 of each year, the department
of public safety shall report to the joint legislative budget committee on the
number of concealed weapons permits issued in the prior fiscal
year. The report shall also include the number of outstanding
concealed weapons permit applications that have not been issued and the average
turnaround time to issue a concealed weapons permit. END_STATUTE