Loophole in Concealed Weapons law?

[Gimpi]

Ok, I think I might have found a loophole in Arizona's concealed weapons law. For me anyway. The law is defined as concealing a weapon on your person. Meaning, in your clothes, pocket, vest, jacket, etc. Now, my situation is this. I am in a wheelchair, and technically, said wheelchair is not part of my person. Am I right to assume that a wheelchair is not part of my person? Granted, I may be stretching the law a tad, but what's wrong with that?

[randomusername]

Find a cop and ask....

[Gimpi]

Yeah, I will do that before I decide to start carring one around with me. Just wanted to get your guy's thoughts.

[Maj.Exec]

Run the Aliens 4 route and dissasemble the shot gun, and inconspicuously scatter it on the chair to make it look like they do something. Then, when needed, take them off, assemble, and shoot some aliens....i mean zombies....

But seriously, call the justice department, they'll know....

[Cricket]

Move to an open carry state.

Here in Mississippi as long as they can SEE your gun, they don't care WHAT your doing with it as long as it isn't pointed at them.

[Gimpi]

Yeah, Arizona is the same way. Tho, I would still have to wait till I was 18. What are the laws about where and where not you can carry a gun (not concealed) I know not schools or government buildings, but what else? stores, malls, etc.

[Cricket]

I think public places like businesses can tell you to take it off or leave it outside, but they have to have a sign up or something.

No malls, no schools, no government buildings, unless you are active duty (althought I don't know why'd you'd be doing a mission in the middle of a city.) or a cop.

[Coal-Cracker]

Ok, I think I might have found a loophole in Arizona's concealed weapons law. For me anyway. The law is defined as concealing a weapon on your person. Meaning, in your clothes, pocket, vest, jacket, etc. Now, my situation is this. I am in a wheelchair, and technically, said wheelchair is not part of my person. Am I right to assume that a wheelchair is not part of my person? Granted, I may be stretching the law a tad, but what's wrong with that?

Check you state laws and then confirm it with local law enforcement/Sheriff's office.

I think* in PA, it is illegal to drive in a vehicle with the handgun concealed (glove compartment, trunk, etc.) if you don't have a carry permit. I would expect that would apply to a wheelchair as well. Granted, regulations vary from state to state, so you'd have to look into it.

Why don't you just get your CCW? (Edit: Sorry. I just saw you're not old enough.)


* I say " I think" as it has never been an issue. I had my CCW as long as I've owned handguns.

[Maj.Exec]

Here's a link to the site that has damn near everything related to CC:

http://www.packing.org/

[randomusername]

I checked the site, but couldn't find anything on open carry in Texas, help?

[Andy@SHTF.info]

First, about concealing the pistol in your wheel chair, write a letter to your state's attourney general and ask him. Cops may not know. A letter stating the opinion of your state's AG is as good as it gets.

I checked the site, but couldn't find anything on open carry in Texas, help?

Open cary of a handgun in Texas is, generally, illegal in public places.

Andy Out!

[Bear_B]

I asked around for you, and was told that since your wheelchair is pretty much required to leave the house and is commonly in your possession, and because it has a weapon in it that it may be viewed as part of your clothing if you are arrested.

I was also told that a judge may consider it as a "carry device" for an illegal carry of your weapon, much the same way a baby stroller, or even a briefcase/purse may be used as a "carry device".

[Bear_B]

Move to an open carry state.

Here in Mississippi as long as they can SEE your gun, they don't care WHAT your doing with it as long as it isn't pointed at them.

Mississippi has open carry law?

Florida lost its open carry around 10 years ago... but we still have concealed carry.

[Bear_B]

Date updated: Thursday, July 8, 2004

It is illegal to carry a handgun openly in Texas. More than one reader has emailed me telling me this. They have included the following quotes from the Texas law. All have also said that their instructor in the CHL class stated open carry of handguns is illegal in Texas. Most said, "There is no open carry". "A CHL holder can be arrested and charged with intentional failure to conceal a handgun".

§ 46.035. Unlawful Carrying of Handgun by License Holder


(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

The following was taken from the Texas DPS FAQ Page.
Q: Can I still carry a handgun without a permit while traveling?
A: Yes. The concealed handgun law augments existing state weapons laws but does not replace them. The offense of unlawfully carrying a weapon does not apply if you are traveling.

Q: What does concealed mean? Can't I carry my handgun in plain view?
A: No. The weapon can't be visible, and its presence can't be discernible through ordinary observation.

Also see Peaceable Journey Law Summary below.

§ 46.02. Unlawful Carrying Weapons


(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

[Bear_B]

Places off-limits while carrying
Date updated: Sunday, April 4, 2004

Title 10 Chpt. 46 § 46.03

A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption
On premises of a correctional facility
On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private,
On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event
On the premises of a polling place on the day of an election or while early voting is in progress.
racetrack; secured area of an airport
In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.
*on the premises of a church, synagogue, or other established place of religious worship.
*On the premises of a Hospital licensed under the Health and Safety Code
*On the premises of a nursing home licensed under the Health and Safety Code
*Amusement parks. Amusement Parks means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Public or private premises conspicuously posted with this sign do
Items above marked * Do not apply if the actor was not given effective notice under Section 30.06.

30.06(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.


In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following Language: 30.06 Sign.

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:


i. includes the language described by Paragraph (A) in both English and Spanish;

ii. appears in contrasting colors with block letters at least one inch in height; and

iii. is displayed in a conspicuous manner clearly visible to the public.

[RealityDeviant]

I don't know for certain, but I don't think you can consider that a loophole. When I took my CCW course here, they said (with a few exceptions) that if you can easily access the gun, it can be considered to be "on your person."

[ProZombieHunter]

I wouldn't risk it. Good info, though, on varying firearms legislature, Bear_B.

[SlingsVaqueros]

I used to live in Tucson, so here is the info I got when I was registered to carry firearms as an armed guard.

You can carry openly if you are over 18, but since you can't own a handgun until you are 21, it's a moot point. You can shoot a handgun if you are under 21, but older than 18, but the gun must be purchased by someone else (21 or older) and it would technically be theirs.

Having a gun on or in your wheelchair is considered on your person, so if it's hidden, you had better have your CCW.

The only buildings you can't carry your gun at any time are government buildings, schools, and places that serve alcohol. Any business owner or representative may ask you to leave your gun outside or they may ask to hold your weapon for the duration of your visit, and you must comply with their request. There don't have to be signs posted; it's just a public safety concern.

Don't try to exploit loopholes without consulting with a lawyer or the afore-mentioned attorney general, you will only find out that you were mistaken and end up in trouble. Asking a police officer is not the way to get a straight answer, or even one that you can count on being correct, especially in Tucson.

[Gimpi]

Thanks for the info Slings. Damn, I thought I could own a handgun at 18. There goes my hopes. Doubt I'd be able to find someone to purchase one for me, my folks aren't very open to guns. Sad, I know.

Thanks again.

-gimpi