When is a weapon considered concealed

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The law supersedes any state or local control. Certain weapon crimes in the state can be severe. Using a weapon during the commission of a crime may be a felony with stiff penalties attached. If you are facing charges that involve a firearm or other weapon, you should retain an experienced Arizona gun attorney. Conviction of a gun crime in Arizona will likely carry jail time and fines.

Additionally, a felony criminal record can haunt a person for life. For assistance and advice on your case, contact the Phoenix criminal defense attorneys at Orent Law Office today. Your Phoenix Criminal Defense Attorney request your free consultation.

Arizona Requirements The requirements for concealed carry in Arizona are the same as the requirements to own a firearm. The applicant must: Be a U. Be at least 21 years old, or 19 with proof of military service. Defenses to Carrying a Concealed Weapon In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Carrying a Concealed Firearm are: Concealed Weapons Permit A person who possesses a license to carry a concealed weapon or a concealed firearm commonly referred to as a Concealed Weapons Permit issued by the State of Florida is immune from prosecution for Carrying a Concealed Weapon.

Permissible Self Defense products are defined as: [8] Self-Defense Chemical Spray; or A non-lethal stun gun or dart-firing stun gun or other non-lethal electric weapon or device that is designed solely for defensive purposes. References Florida Statute State Fla. State, So. Known as the "elements" of the crime, these characteristics must be proved beyond a reasonable doubt by the prosecutor in order to obtain a conviction for carrying a concealed weapon.

These elements are explained below. A carried weapon is one that moves with you, or one you have in your possession. Having a knife hidden in a pocket, for example, constitutes carrying a weapon because whenever you move, the weapon moves with you. However, actually moving is not required.

You can, for example, carry a weapon if you have it in your pocket while you are asleep. Also, you can carry a weapon if it is not physically in your possession, but merely within easy reach or control. For example, you can carry a weapon if you have it hidden under your seat while driving a car or otherwise have it available for immediate use.

It's not enough for you to simply carry a weapon to be convicted of carrying a concealed weapon. The prosecutor must also prove the "concealed" part. Concealment means that a person would ordinarily not be able to view the weapon if that person met you on the street, or in the ordinary course of an interaction.

Having a weapon that is only partially concealed, or one that is concealed from only a particular angle, is usually not enough to be convicted of carrying a concealed weapon, though state laws do differ on this point. For example, some states require that the entire weapon must be viewable by an ordinary person, and even partially concealing a weapon can be enough to be convicted of carrying a concealed weapon. The right to keep and bear arms is a federally protected right, and one that is also reflected in state constitutions and laws.

The laws that criminalize carrying concealed weapons have to take these rights into consideration, while at the same time restricting weapons use to prevent harm. Because of these diverging interests, concealed weapons laws typically share the same limits:. Almost all states allow you to carry a concealed weapon specifically a firearm as long as you first obtain a permit. Each state has different requirements for what a person needs to do to obtain a concealed carry permit, but they usually involve similar elements.

Additionally, if you are granted a concealed carry license you must carry it with you whenever you have the weapon. You'll also have to present the license to a law enforcement officer if the officer demands it or asks you if you have a weapon.