30 Jul Follow These Steps If You Get Pulled Over With a Gun in Arizona
If you happen to own a gun in Arizona and frequently travel with it, there’s a good chance that you’ll be pulled over with it at some point in your life. While you can legally carry a loaded gun in your car in Arizona, there are still certain criteria you must meet when owning a gun. Our attorneys at Coolidge Law want to make sure you understand your rights when it comes to gun laws in Arizona, and know exactly what to do if you get pulled over with a gun in your car.
What to Do If You Get Pulled Over with a Gun in Arizona
Keep Calm
One of the most important things to do when pulled over with a gun in Arizona is to remain calm and be polite. It’s a good idea to work with the officer by being compliant and respectful. But if you feel that the officer isn’t treating you with the same respect, take down their information and address the situation in court. Always avoid confrontation—don’t try to defend yourself outside of the courtroom. This can worsen the situation and you may end up getting charged with a crime. Wait for the right place and the right time—in court.
If you’re in Arizona and you get pulled over with a gun in the car, follow these important steps:
- Turn on the ceiling light and keep your hands on the steering wheel.
- If asked, tell them you are carrying a gun.
- Ask the officer why they pulled you over.
Remember: if you’re unsure of the situation, you are legally allowed to film it using your cell phone. Especially if it seems like the person pulling you over might not be a real cop.
Know Your Rights
Knowing your rights is the first step to ensuring you feel safe when pulled over. If you get pulled over in Arizona while open or concealed carrying, you should know the following:
In Arizona, you can legally open carry a handgun. You can also concealed carry by having the gun in your pocket or otherwise hidden. Arizona does not require you to register your gun, meaning you can carry a concealed gun without the need for a permit.
You are also legally allowed to drive with your gun in the car in Arizona. However, there are only a few criteria you must meet:
- You must be at least 21 years of age to carry a loaded and concealed gun without a permit.
- You have not been otherwise prohibited from owning a firearm (such as if you are a minor).
- If you’re 18-20 years old, you are required to drive with the gun in a case, holster, storage compartment, trunk, or similar enclosure like a glove compartment.
Another important thing to understand is that if you get pulled over, you are not legally required to tell the police officer that you have a gun in your car or on your person. However, if an officer asks you if you have a firearm in the car, you must give an answer.
Remember that you’re not acting outside of the law by driving with a gun. This knowledge will help you feel calm if you do get pulled over.
The officer that pulled you over may ask you to hand over your gun. This isn’t permanent. They only want to hang onto it until the interaction is over, then they will return your weapon.
Another tip to remember: if you’re driving with a gun in your glove compartment, where most of us keep our license and registration, do not automatically open it to retrieve your information. Wait until the officer who pulled you over asks for this information. Before grabbing what you need, tell the officer that there is a gun in the compartment. This transparency will keep you safe and may prevent the officer from overreacting.
Keep in mind that for safety reasons, an officer can take possession of the gun until they complete the traffic stop. They will return the gun as long as no crime has been committed. Do not reach for your gun unless the officer asks you to hand it over.
Contact Us
Even if you do the right thing when pulled over with a gun in Arizona, there is always a chance you could be treated unfairly. If you feel that your rights are being breached, take it up with your attorney, not the officer. You don’t want to get a ticket, especially if you’re operating in accordance with the law. Contact Coolidge Law Firm if you find yourself in need of an attorney.
Photo by Scott Rodgerson on Unsplash (5/19/2022)