My Legal Reference

Declaration of Intent to Carry Concealed Weapons

Pursuant to an Act of the United States Congress signed by President Taft [21 August 1911] and a concurrent vote of the people of the Territory of Arizona [12 December 1911] in accordance with the Enabling Act [10 June 1910] (authorizing Arizona statehood) which demands that the intent of all articles and sections of the Arizona Constitution shall be in accordance with the Constitution of the United States and the principles of the Declaration of Independence;

I, ______________________________, now domiciled in the County of ________________, State of Arizona, hereby accept, without bias, the intent of Article II, Section 26 of the Arizona Constitution, determined by a vote of the Constitutional Convention [25 November 1910], granting the State of Arizona no power or authority to regulate my right to bear arms (openly or concealed), I hereby declare my intent to exercise this right in defense of self or the state, without the impairment of a state-issued permit. This declaration is made public as a courtesy to all peace officers in recognition that ignorance of these facts could jeopardize their bonds.

The Records of the Arizona Constitutional Convention of 1910

Pages 678 and 679. Edited by: John S. Goff (C) The Supreme Court of Arizona

Mr. Chairman: Are there any objections or corrections to Section 32?

Mr. Baker: Mr. Chairman, I move to strike out all of Section 32. I never in all my life found it necessary to carry a six-shooter and I have passed through nearly all the scencs (sic) and experiences of this wild and unsettled country. Carrying arms is dangerous. It is a very dangerous thing to oneself and to one's associates and should not be permitted under any circumstances. I have seen lives lost and innocent blood spilled just through the carrying of arms, concealed weapons under one's coat or shirt. It is most dangerous and vile; a practice that should never be permitted except in times of war and never in times of peace. Think of it; carrying a six shooter or a knife or some other terrible arm of defense, and then in a moment of heated passion using that weapon. I do not believe in it and I move to strike out that section.

Mr. Webb: I second that motion for I agree with the gentleman from Maricopa that it is a pernicious thing and should not be included in this bill. I, too, in all my experiences, have never seen the time when it was necessary to carry concealed weapons except in times of Indian troubles, and have had many and varied experiences, in cow camps. I have been in many places where some might deem it necessary to come armed, but I did not, nor do I believe it necessary to do so now. We are no longer a frontier country, and if we did not need arms in the early days of pioneering in this country, we do not now, and I second the motion.

Mr. Crutchfield: I move to amend by inserting after the word "impair" in line 9, page 7, the following words: "...but the legislature shall have the right to regulate the wearing of weapons to prevent crime."

Mr. Baker: That is all right and I second the motion.

Mr. Parsons: Mr. Chairman, I move to amend by striking out all of Section 32 and substituting the following in lieu thereof: "The people shall have the right to bear arms for their safety and defense, but the legislature shall regulate the exercise of this right by law."

Mr. Feeney: I second that motion.

Mr. Chairman: The question comes up on the amendment offered by the gentleman from Cochise, Mr. Parsons, to strike out Section 32, and insert in lieu thereof his amendment. Those in favor of this motion answer "aye", opposed "nay". The motion is lost. The question now comes up on the amendment offered by Mr. Crutchfield to insert after the word "impaired" in line 9, page 7, the following words: "...but the legislature shall have the right to regulate the wearing of weapons to prevent crime." Those in favor of this motion answer "aye", opposed "nay". The secretary will call the roll.
Roll Call showed 22 "Ayes" 23 "Nays".

Mr. Chairman: The motion is lost, and Section 32 will stand approved as read unless there are other amendments. Are there any objections to Section 33?

SECTION 32: The right of the individual citizens to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.

_____________________________________________________________   ______________
             (Signature)                                            (Date)
State of Arizona, County of _________________________________

sworn and subscribed before me, this _______ day of _________

by __________________________________________________________
                                          Notary Public

NOTE: Concept and research for Declaration of Intent by Ricky Duncan. See also Jason Steiner's Page on the Declaration of Intent to Carry Concealed Weapons.

Check out this related court case on the concealed carry stuff

And in this case the Maricopa County Recorder refused to file the document!

I want to thank Ricky Duncan for his great work on digging up these old obscure laws from the Arizona Territorial Convention which show that we have the right to carry concealed weapons.

But now it is legal for almost ANYONE to carry a concealed weapon in Arizona with out getting a concealed carry permit according to this article.