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Speak Up! - View Question #590 |
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Question: Can the state charge you with not having a permit to carry a weapon if you shoot someone in self defense.
Answer: If you were carrying a concealed weapon and then use it in self defense, and you are found to have a legal self defense claim, you could still be charged for carrying a concealed weapon. It would be up to the prosecuting agency to decide whether to prosecute you. There is a famous case out of New York City, where a guy who lived in that city was attacked on the subway and used his concealed gun to shoot a couple of his attackers. It was clearly and legally self defense, but it was illegal for him to carry a concealed weapon, and it was illegal for him to have the gun at all without a permit. The law in New York is different than Arizona, and all guns must have registration permits in New York, and this guy did not have the permit. He was prosecuted for the possession of the weapon and having it concealed, but not for shooting his attackers.
In Arizona, it is not illegal to carry a weapon (except in places posted no weapons) if it is not concealed. Arizona does allow persons to carry a concealed weapon if that person has a permit to do so. In order to get a permit to carry a concealed weapon, a person must be 21 years old, a citizen of the United States or resident of this state, not a convicted felon and does not have pending felony charges, is not mentally ill, is not an illegal alien, and completes a firearms safety course approved by the Department of Public Safety. Juveniles and anyone under age 21 cannot get a permit to carry a concealed weapon.
In addition to juvenile not being able to have a concealed weapon permit, if you have been adjudicated or convicted in juvenile court of ANY offense, you are considered a 'prohibited possessor' and cannot own or possess any firearm, even if your conviction was for a misdemeanor. You must apply to have your right to possess a weapon reinstated if you have a juvenile record and if you want to possess or own a weapon before you turn 18.
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