The general effective date regarding House Bill 2634 and Senate Bill 1070 is September 26, 2008.

Amendments to:

ARS 13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; training program; program instructors; report; applicability; violation; classification.

09-01-08: On September 26, 2008, the following two amendments related to CCW will become effective:

HB 2634 allows applicants who are not currently prohibited possessors under state or federal law AND whose felony convictions have been expunged, set aside, vacated, or whose rights have been restored the ability to obtain a concealed weapons permit. It also extends reciprocity to other states who issue permits under the same or similar conditions.

Federal and state laws play a significant role in determining if a record that has been expunged, set aside or vacated will allow an applicant to obtain a concealed weapons permit. Some convictions, even though they have been expunged, set aside or vacated may prevent the issuance of a concealed weapons permit because of conflict with other laws which prohibit possession of a weapon.

Additionally, reciprocal agreements with other states may be effected. The DPS Concealed Weapons Permit Unit will contact all other states to ascertain if they will enter into, or continue to honor, reciprocal agreements with Arizona. An updated reciprocity list will be posted on the CCW web page once this process has been completed. Until such time, permit holders wishing to carry concealed utilizing their Arizona CCW permit while visiting another state are responsible for contacting that state to ensure thier Arizona permit is recognized.

SB 1070 effects the length of time an applicant has to submit their application for a permit once training has been received. The new law gives the applicant five years from the time training is received to submit the application.

The new law uses the phrase “Adequate Documentation” which is defined as “a certificate, card or document of completion from an authorized firearms safety training program.” This term and its definition do NOT exempt an applicant from submitting an original Concealed Weapons Permit application which is obtained from the training organization who conducted the applicant’s training. Training organizations are required to keep class rosters for five years. Therefore, if a student must request a duplicate application, the organization must research class rosters and complete the Firearms Safety Training Program Completion Certificate section on a new application. The date the training was completed must be accurately recorded on the application and the organization must be able to produce the original class roster to verify the accuracy of the information it has recorded.

If a “current or expired permit issued by the Department” is presented as proof that the individual has previously attended the required firearms-safety training program, the applicant must also complete an original Concealed Weapons Permit application, submit two sets of classifiable fingerprints and the applicable fee required to obtain a new permit. The ‘permit’ they are presenting must be in good standing to be eligible as proof. Revoked permits will not be considered. This will NOT be considered a 'renewal' process. Applicants may request a new permit application and fingerprint cards by contacting the Concealed Weapons Permit Unit or the training organization who initially conducted the firearms-safety training.

Firearms-safety training instructors and organizations will be “Authorized” rather than “Approved” to conduct training.

Organizations on behalf of each of its instructors, may submit documentation to obtain or to renew an instructor’s authorization to provide firearms-safety training for the organization.

Note: There are no grandfather clauses related to either of the above amendments.

Applications received by the Concealed Weapons Permit unit on September 25, 2008 or earlier will be processed under the current law.

Applications received by the Concealed Weapons Permit unit on September 26, 2008 or later will be subject to the amendments contained in HB 2634 and SB 1070.

NOTE: Arizona Administrative Code (AAC) Title 13, Chapter 9, pertaining to Concealed Weapons Permits are currently in the revision process to reflect legislative changes. The CWPU will post the revised Administrative Rules on the web page as soon as they are finalized.

Source: Arizona Department of Public Safety