Verified Firearm Specifications

AZ1031 — mental health : committed to mh facility

Citation: A.R.S. §§ 13-3101, 13-3102

A.R.S. § 13-3101 “ “Prohibited possessor” means any person: (f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent. (g) Who is found guilty except insane. A.R.S. § 3102: A person commits misconduct involving weapons by knowingly: 4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor

AZ1029 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: A.R.S. §§ 13-3101, 13-3102 (2009)

“Prohibited possessor” means any person: (a) has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose court ordered treatment has not been terminated by court order right to possess a firearm has not been restored pursuant to section 13-924. A.R.S.

AZ1030 — dvro ex parte : expanded

Citation: Ariz. Rev. Stat. § 13-3601

“Domestic violence” means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:...

AZ1060 — dvro ex parte

Citation: Ariz. Rev. Stat. § 13-3624(C),(D)

§ 13-3624. Emergency orders of protection … C. The judge, justice of the peace, magistrate or commissioner who is authorized to issue emergency orders of protection may issue a written or oral ex parte emergency order of protection if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent...

AZ1027 — dvro

Citation: Ariz. Rev. Stat. § 13-3602(G)(4)

If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order.

AZ1026 — mental health : committed to mh facility : outpatient

Citation: A.R.S. §§ 13-3101, 13-3102; 36-540

A.R.S. § 13-3101“Prohibited possessor” means any person: (a) Who has been found to constitute a danger to himself or to others pursuant to court orders under the provisions of 36-540 and whose court ordered treatment has not been terminated by court order. A.R.S. § 3102: A person commits misconduct involving weapons by knowingly: 4.

AZ1025 — mental health : committed to mh facility

Citation: A.R.S. §§ 13-3101, 13-3102 (1978)

A.R.S. § 13-3101“Prohibited possessor” means any person: (a) Who has been found to constitute a danger to himself or to others pursuant to court orders under the provisions of 36-540 and whose court ordered treatment has not been terminated by court order. A.R.S. §36-540A.

AZ1046 — federal

Citation: 18 U.S.C.A. § 922(s)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-“(A) after the most recent proposal of such transfer by...

AZ1047 — federal

Citation: A.R.S. § 13-3108.01

Repealed because A.R.S. § 13-3108.01 was implemented. A.R.S. § 13-3108.01: By October 1, 1994, the department of public safety shall estbalish an instant background check system…

AR1032 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

AR1033 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

AR1031 — sales from dealer : federal

Citation: Printz v. United States 521 U.S. 898 (1997)

The Supreme Court ruled that the interim provision of the Brady Act couldn't require sheriffs to perform background checks.

AR1030 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

AR1052 — shall issue (permit not required)

Citation: Ark. Code Ann. §§ 5-73-101 (10); Ark. Code Ann. §§ 5-73-120(c)(4)

[AR became a "permit not required state by changing the definition of being upon a "journey", one of the permissible conditions under which a gun can be carried without a CCW permit] (10) “Journey” means a person has left his or her home or the curtilage of his or her home either on foot, horseback, bicycle, or in an automobile for any purpose or duration; (c) A person is presumed to be carrying a weapon with a...

AR1025 — shall issue

Citation: Taff v. State, 2018 Ark. App. 488

Merely possessing a weapon is not a crime in the State of Arkansas. See Ark. Code Ann. § 5-73-120(a) (providing that “[a] person commits the offense of carrying a weapon if he or she possesses a handgun … on or about his person … with a purpose to attempt to unlawfully employ the handgun … as a weapon against a person”).

AR1003 — shall issue

Citation: Ark. Code Ann. § 5-73-309

The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant: [lists criteria (1) through (14)].

AR1002 — prohibited

Citation: Ark. Stat. Ann. § 5-73-120(a)

A person commits the offense of carrying a weapon if he possesses a handgun, knife, or club on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person.

AR1053 — stand your ground

Citation: Arkansas Code § 5-2-607

(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (1) Lawfully present in the location; (2) Not engaged in criminal activity that gives rise to the need to use physical force; and gang, (3) Not engaged in any activity in furtherance of a criminal organization, or...

AR1004 — traditional

Citation: Ark. Code Ann. § 5-2-607(b)

(b) A person may not use deadly physical force in self defense if he knows that he can avoid the necessity of using that force with complete safety: (1) By retreating, except that a person is not required to retreat if he is in his dwelling and was not the original aggressor,

AR1051 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

AR1054 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

AR1056 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

AR1044 — public : CCW allowed

Citation: A.C.A. § 5-73-322

(b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306.

AR1043 — private : possession prohibited

Citation: A.C.A. § 5-73-119(c)(1)

Except as provided in § 5-73-322, a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person.

AR1045 — public : possession prohibited

Citation: A.C.A. § 5-73-119(a)(3)(1)

No person in this state shall possess a handgun upon the property of the publicly supported institutions of higher education in this state on or about his person, in a vehicle occupied by him or otherwise readily available for use with a purpose to employ it as a weapon against a person.

AR1047 — comprehensive

Citation: A.C.A. §§ 14-54-1411(a), 14-16-504(a)

A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.

AR1057 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

AR1058 — minimum age purchase - federal

Citation: 19 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

AR1059 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

AR1007 — youth possession

Citation: Ark. Code Ann. § 5-73-119(a)

No person in this state under eighteen (18) years of age shall possess a handgun.

AR1010 — purchase and sale

Citation: Ark. Code Ann. § 5-73-109

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare. (b) (1) Furnishing a deadly weapon to a minor is a Class A misdemeanor.

AR1014 — purchase and sale

Citation: Ark. Code Ann. § 5-73-109

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare. (b) (1) Furnishing a deadly weapon to a minor is a Class A misdemeanor.

AR1020 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: AR ST § 5-73-103

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (2) Adjudicated mentally ill;

AR1021 — mental health : committed to mh facility

Citation: AR ST § 5-73-103

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (3) Committed involuntarily to any...

AR1050 — federal

Citation: Printz v United States, 521 U.S. 98, 117 S.Ct. 2365 (1997).

The Supreme Court ruled that State participation in the Brady checks must not be mandatory. This delayed Federal background checks until the federal NICS system was in place.

AR1039 — federal

Citation: 18 U.S.C.A. § 922(s)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-“(A) after the most recent proposal of such transfer by...