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concealed weapons


Question
QUESTION: what is considered a concealed weopon in arizona.

ANSWER: Alan,

It just occurred to me that you might be asking a different question than the one I just answered.  We'll just scratch it up to the fact that it is pretty early for me and sometimes my brain doesn't kick in until the 2nd cup of coffee.

OK...what is considered to be a 'concealed' weapon in AZ.

Well, my previous answer told you about the items that are considered deadly weapons that you can carry concealed with your Arizona CCW permit.  

If you are asking what 'concealed' means, it means that the casual observer could not look at you and determine that you are in possession of a deadly weapon on your person.  For example, if you had a 8" dagger in a boot, that would be concealed, or if you had a firearm in your waistband, covered by a jacket, again that would be concealed.  If you are transporting a firearm in a vehicle and put it in the console, glove box or map pocket so that it was not visible to the casual observer, that would be concealed.  So in general if you are in possession of a deadly weapon and it is not obvious to the casual observer that you have one, it would be considered "concealed" and you can only legally do that if you have an AZ CCW Permit.

Conversely, AZ is an open carry state where it is perfectly legal for you to carry a deadly weapon if it is obvious to the casual observer that you are in possession of a deadly weapon.  That is as long as it is legal for you to have that deadly weapon in the place that you are at.  Where you can legally carry is a whole different question and is a much longer discussion.

So I hope in my two answers I have answered your question.  Again, if I missed the point of your question, please write me back and I will try again.

Have a great week,

Doug


---------- FOLLOW-UP ----------

QUESTION: Also i travel lot. do you know what the concealed laws are in Texas and New Mexico. i have to go to el Paso tomorrow and i don't have my ccw yet. i just turned 21 so just have to go do it now. so if you could get me the answer by tomorrow that would be great.

Answer
Alan,

I will try and answer your question but again, since I am not an attorney, this answer is only my opinion based on my understanding of Texas and New Mexico law.

First, according to the Texas penal code, effective September 1, 2007, if you are legally permitted to possess a firearm in Texas (you'll need to check Texas law), you are allowed to possess or carry a handgun in a motor vehicle that is owned by you or under your lawful control.  The firearm must be concealed, you may not be engaged in any criminal activity and you cannot be a member of a 'criminal street gang'.  You may also carry the handgun to and from your vehicle without a license.  You should check out the relevant law by doing a web search on Texas Penal Code 46.02(a).

As far as New Mexico is concerned, here is the info straight from the New Mexico Department of Public Safety website:

Question:  I will be traveling through New Mexico in a private automobile, are there any laws that address the issue of having a gun in my automobile?

Answer: New Mexico law allows a person to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

Question: If I have my gun holstered in 損lain view?on my belt will I be breaking the law?

Answer: New Mexico is an Open Carry State, meaning it is legal to carry a loaded weapon as long as it is not concealed. However, it is not legal to carry any firearm in any federal building, school, state building, or licensed liquor establishment. It is the responsibility of the person carrying the firearm to be informed as to when/where carrying is prohibited.

Hope this helps you out...I'd recommend that you get your AZ CCW as soon as you can as it makes the whole process of traveling much easier.  Texas and New Mexico both recognize the Arizona CCW permit.

Travel safe,

Doug


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