guns in cars?

Question
Can I carry my handgun legally in my car without a CWP and how? I know you are not a lawyer and can't give out legal advice so i will ask what your suggestions are about carrying a gun in a car.

  Thanks,
  Eric in AZ

Answer
Eric,

Arizona Revised Statute 13.3102.F allows a person to carry a firearm without a CCW permit 搃n a belt holster which holster is wholly or partly 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.

In a 1994 case, State v. Moerman, the presiding judge issued the following opinion:

揥e believe that the legislature intended to prohibit a person from carrying a concealed weapon (without a permit) on his or her person in a manner readily accessible for immediate use unless the conveyance utilized to carry the weapon would place other on notice that such person is armed?  More recently, the Court of Appeals went a bit further on their definition of 慶oncealed? again looking at the Moerman case for legislative intent.  They said 搮Most courts hold that a weapon is concealed if it is hidden from the 憃rdinary observation?or the 憃rdinary sight?of another person.  The standard of 憃rdinary observation?when applied with common sense, will serve to determine whether a weapon is concealed?(State v. Adams, supra)

So based on my reading of these decisions, there is some 慽nterpretation?that needs to occur when determining if a firearm is 慶oncealed?or not.

Let抯 take this just a little bit further and specifically apply the circumstances to vehicular carry.  Unless you have a CCW permit, it is unlawful to carry a deadly weapon concealed within your immediate control in or on a means of transportation.  (ARS 13-3102.A.2)  When transporting a firearm in or on a means of transportation without a CCW permit, the firearm must be wholly or partially visible, or in a case, holster, scabbard, pack or luggage within a storage compartment, map pocket, trunk or glove compartment (ARS 13-3102.F).

If we apply the view of the Moerman and Adams cases, if a gun is 憆eadily accessible?and not readily observable while in its case, holster or scabbard, then the container would need to be either (1) open to view or boldly labeled as containing a gun or (2) stored within a storage compartment, map pocket, trunk or glove compartment.  This is the genesis of what is commonly referred to as the 搕wo steps removed?doctrine, specifically that the firearm must be two steps removed from the immediate access of the occupants of the vehicle in order to be concealed without a CCW permit (step one, inside the holster, case or scabbard; step two, inside the map pocket, glove compartment, trunk or console).

By placing the gun, in a holster, between the seat and the console, the occupants of the vehicle are placing themselves in a gray area.  Whether the gun is considered 慶oncealed?or not is now a matter of interpretation.  Should a police officer consider it 憂ot visible enough? the occupants could be charged with illegally concealing a firearm.  Depending on the opinion of the judge, it might be very hard to argue otherwise.

The easiest way to eliminate this issue completely is to get a CCW permit.  Assuming there are no disqualifiers for the applicant, this is the easiest way to avoid legal issues while transporting a firearm in a vehicle.  With the changes in the law reducing the training requirement, the cost of the permit and the simplification of the renewal process for the CCW permit, this should really be a 憂o-brainer?for most people.

Hope this helps you out...

Regards,

Doug