Did I break AZ law?
Posted: Tue Jul 05, 2011 2:36 pm
My first out of state carry experience was in AZ last few last week. I read up on the AZ laws at http://www.handgunlaw.us" onclick="window.open(this.href);return false; and we made our trip. I spent the better part of 5 days in the Phoenix Convention Center. On our first trip to the center, I looked on the exterior doors for gunbuster signs but did not see any. So, I happily carried away.
As we were leaving the center at the end of day 3, we walked by the ticket booth (which is inside the main doors) and I happened to see a large gun buster sign in the ticket booth window. We didn't have to purchase tickets for our event, so I had not visited this window before. So, as we were leaving, I looked more closely at the exterior doors and did find gunbusters. These were very small and only present on the far left and right doors. (I thought they were no smoking signs.)
Here is the sign:

You can see they are only located on the far left and right doors:

Now here is the legal text per http://www.handgunlaw.us" onclick="window.open(this.href);return false;:
And, it seems that another line was added at some point - as a google search reveals the following:
I believe the sign at the ticket counter was probably complaint. It looked to be about 6"x9" and it had the 'pursuant to A.R.S. section 4-229' wording at the bottom. But there is no way the signs on the door would be complaint per this section. I also like C.2.(b) - it reads to me that it is a defense to prosecution to break the rule if you are not a resident of AZ.
But after that night, I left the gun in my hotel room and went un-armed for the final two days. So I don't think I violated the law considering I stop carrying after I saw the only truly complaint sign - which was the first sign that I actually saw! During my first three days, while I did carry, I think the following factors should apply:
1. The signs were not posted in conspicuous locations per A.1.
2. The signs did not have the proper wording per A.3.
3. The signs were not the proper size per E.
4. Then there is whole non-resident thing, C.2.(b), although I don't know if I really understand how that works.
If the above are all true, I suppose I could have just claimed that I didn't see the ticket booth sign. But I am not a very good liar and honest usually works in you favor when dealing with LEO.
What do you think? Does anyone with more experience with AZ laws care to weigh in?
As we were leaving the center at the end of day 3, we walked by the ticket booth (which is inside the main doors) and I happened to see a large gun buster sign in the ticket booth window. We didn't have to purchase tickets for our event, so I had not visited this window before. So, as we were leaving, I looked more closely at the exterior doors and did find gunbusters. These were very small and only present on the far left and right doors. (I thought they were no smoking signs.)
Here is the sign:

You can see they are only located on the far left and right doors:

Now here is the legal text per http://www.handgunlaw.us" onclick="window.open(this.href);return false;:
Code: Select all
4-229. Licenses; Handguns; Posting of Notice
A. A person with a permit issued pursuant to section 13-3112 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. 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.
Code: Select all
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 comprising 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.

But after that night, I left the gun in my hotel room and went un-armed for the final two days. So I don't think I violated the law considering I stop carrying after I saw the only truly complaint sign - which was the first sign that I actually saw! During my first three days, while I did carry, I think the following factors should apply:
1. The signs were not posted in conspicuous locations per A.1.
2. The signs did not have the proper wording per A.3.
3. The signs were not the proper size per E.
4. Then there is whole non-resident thing, C.2.(b), although I don't know if I really understand how that works.
If the above are all true, I suppose I could have just claimed that I didn't see the ticket booth sign. But I am not a very good liar and honest usually works in you favor when dealing with LEO.
What do you think? Does anyone with more experience with AZ laws care to weigh in?