Arizona Carrying Under the Influence Laws

Carrying Under the Influence - Arizona

Arizona does not have a general statute in Title 13 (Criminal Code) that broadly prohibits carrying a firearm while intoxicated in public. Instead, Arizona regulates the intersection of firearms and alcohol primarily through Title 4 (Alcoholic Beverages), focusing on conduct at licensed alcohol-serving establishments. The key statutes are A.R.S. § 4-244(31), A.R.S. § 4-244(29), and A.R.S. § 4-229.

Prohibition on Consuming Alcohol While Armed on Licensed Premises

A.R.S. § 4-244(31) makes it unlawful:

"For any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor."

This is an absolute prohibition - if you are carrying a firearm on the premises of a bar, restaurant, or any establishment with an on-sale liquor license, you may not consume any alcohol, regardless of whether you hold a concealed weapons permit (CWP). The only exception is for undercover peace officers on assignment to investigate the licensed establishment.

"Spirituous liquor" is defined broadly under Arizona law to include all alcoholic beverages above 0.5% ABV, including beer, wine, and distilled spirits.

Penalty: A violation of § 4-244(31) is a Class 3 misdemeanor (A.R.S. § 4-246(C)), punishable by up to 30 days in jail (A.R.S. § 13-707) and a fine of up to $500 (A.R.S. § 13-802).

Firearms Possession on Licensed Premises - Permit vs. Permitless Carry

A.R.S. § 4-244(29) establishes the general rule that it is unlawful for a person to possess a firearm on the licensed premises of an on-sale retailer. However, this statute carves out critical exceptions:

• Peace officers (on or off duty) and retired peace officers with firearms proficiency certificates (A.R.S. § 13-3112(T))
• Members of a sheriff's volunteer posse (on duty, with approved firearms training)
• Concealed weapons permit holders carrying under A.R.S. § 4-229 (see below)
• Persons seeking emergency aid for a limited time, provided they do not buy, receive, consume, or possess alcohol

Without a permit, a person carrying under Arizona's permitless (constitutional) carry provisions cannot legally carry a firearm into any establishment that serves alcohol, whether or not a "no firearms" sign is posted. This is one of the most significant practical differences between permitted and permitless carry in Arizona.

Concealed Carry in Alcohol-Serving Establishments (A.R.S. § 4-229)

A.R.S. § 4-229 allows a person with a valid concealed weapons permit (issued under A.R.S. § 13-3112) to carry a concealed handgun on the premises of an on-sale retailer, unless the licensee has posted a compliant prohibition sign.

Sign Posting Requirements

The prohibition sign must meet all of the following specifications:

• Posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license
• Include a pictogram depicting a firearm within a red circle with a diagonal red line
• Display the text: "No firearms allowed pursuant to A.R.S. section 4-229"

The Arizona Department of Liquor Licenses and Control provides compliant signs to licensees at no cost.

Affirmative Defenses to a § 4-229 Violation

A person charged with violating a posted sign may raise an affirmative defense if:

• The person was not informed of the posted notice
• The sign had fallen down or was otherwise not visible
• The person was not an Arizona resident (and thus unfamiliar with the posting requirements)
• The sign was posted within the prior 30 days

Limited Exceptions

Even when a sign is posted, an armed person may briefly enter the premises for the specific purpose of:

1. Seeking emergency aid
2. Determining whether a prohibition sign has been posted

Penalty: A violation of § 4-229(B) (carrying past a properly posted sign) is a Class 3 misdemeanor (A.R.S. § 4-246(C)), carrying the same penalties as § 4-244(31) - up to 30 days in jail and a $500 fine.

Licensee Obligations (A.R.S. § 4-244(30))

Licensees (bar/restaurant owners) also have obligations under § 4-244(30):

• A licensee or employee may not knowingly permit a person unlawfully possessing a firearm to remain on the premises or be served alcohol
• It is an affirmative defense if the licensee or employee requested peace officer assistance to remove the armed person

No General Public Intoxication + Firearms Statute

Notably, Arizona's criminal code (A.R.S. § 13-3102, Misconduct Involving Weapons) does not contain a provision specifically prohibiting the carrying or possession of a firearm while intoxicated in general public settings (i.e., outside of licensed alcohol-serving premises). This means:

• There is no Arizona state-level equivalent of statutes found in some other states that make it a crime to carry a firearm while having a BAC above a certain threshold
• The alcohol-firearms restrictions are location-specific - they apply on the licensed premises of on-sale retailers, not in all public places
• However, a person who discharges a firearm while intoxicated could face charges under other statutes, such as endangerment (A.R.S. § 13-1201), reckless discharge (A.R.S. § 13-3107), or negligent homicide (A.R.S. § 13-1102) depending on the circumstances

State Preemption of Local Regulations (A.R.S. § 13-3108)

Arizona has strong state preemption of local firearms regulation:

"A political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale or use of firearms or ammunition."

This means cities and counties cannot impose additional restrictions on carrying firearms while intoxicated beyond what state law provides. In 2013, the Arizona Attorney General addressed this in Opinion I13-010, analyzing whether Tucson Ordinance 11080 - which authorized law enforcement to request blood or breath tests from persons who negligently discharged a firearm - was preempted by § 13-3108. The AG opinion confirmed the Legislature's intent to maintain uniform firearms regulation statewide.

Federal Considerations

While Arizona lacks a general intoxication-firearms statute, federal law imposes additional restrictions:

• 18 U.S.C. § 922(g)(3) prohibits any person who is "an unlawful user of or addicted to any controlled substance" from possessing firearms or ammunition. This is a federal felony, not an intoxication-at-the-moment standard, but rather a habitual-use prohibition.
• Arizona's legalization of recreational marijuana does not change the federal prohibition - marijuana users remain federally prohibited persons regardless of state law.

Pending Legislation (2026 Session)

SB 1012 (prefiled December 9, 2025, for the 57th Legislature, 2nd Regular Session) proposes amendments to A.R.S. § 4-229 regarding concealed weapons notice and posting requirements at alcohol-serving establishments. As of April 2026, the bill's full text and current status should be verified at the Arizona Legislature website (azleg.gov).

Summary Table

Note: Class 3 misdemeanor penalties include up to 30 days in jail (A.R.S. § 13-707) and a fine of up to $500 (A.R.S. § 13-802). Additional surcharges may apply.

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This summary reflects Arizona law as of April 2026. Statutes referenced: A.R.S. §§ 4-229, 4-244(30)-(31), 4-246(C), 13-707, 13-802, 13-3102, 13-3108. This content is for informational purposes and does not constitute legal advice. Consult a qualified Arizona attorney for guidance on specific situations.