Unless specifically outlined by law, carrying a loaded firearm on any school grounds will result in criminal charges under Arizona’s Weapons Misconduct law A.R.S. 13– 3102 (12). Under A.R.S. § 13- 3102 (I) (1) Arizona law provides an exception, to weapons misconduct laws if the firearm within the person’s possession or vehicle was not loaded with ammunition. In this case ammunition was not in the chamber. However, there was ammunition in the magazine which holds the shells for the purpose of feeding the chamber repeatedly.
The defendant argued that the law was unconstitutionally vague because it does not define the word “loaded”, and that some states define it more narrowly.
The Arizona Appeals Court affirmed the decision of the trial court which held that “loaded” includes not only the bullets contained in the firing chamber. Rather, a gun is also considered to be loaded if ammunition is contained within the cylinder, magazine, or clip of a firearm. The court cited a number of case precedents for relied upon by both sides which concluded this holding.
The Appeals Court concluded that a law is not constitutionally vague simply because the State Legislature decided not to define it more technically or narrowly. This article outlines the weapons misconduct at school laws, assault laws that apply; penalties; situations in which guns are permitted on school grounds; and criminal defense for charges.
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