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December 5, 2007
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Express your opinion via “RTS”!
Would you like your opinion on legislation to be read at a committee hearing? Then RTS is for you!
RTS is the Arizona Legislature’s “Request To Speak” system. RTS users can state their position on legislation to the committee chairperson either via a kiosk at the Capitol or online. RTS is required to be used for those wishing to testify at a hearing, but can also be used by those who want to express their opinion on a bill but are not available to testify.
Committee chairpersons have electronic access to listings of everyone signed up to speak or expressing their opinion via RTS. They will know in advance who is for or against a particular bill. RTS opinions are often read by the committee chairperson at a hearing and may also appear in summaries of bills as they progress through the Legislature. Imagine what the impact would be if all of you on the AzCDL Alerts list were using RTS to express their position on a bill!
As a registered user, you can log into RTS from the comfort of your home. However, the only way to become an RTS user is to sign-up using one of the many RTS kiosks at the Capitol.
If you are interested in becoming an RTS user, send a message to president@AzCDL.org, and we’ll do all we can to help you set up an RTS account.
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November 20, 2007
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U.S. Supreme Court to hear Second Amendment Case!
Hopefully, you are well aware that the Supreme Court of the United States announced on November 20th, that it has agreed to hear District of Columbia v. Heller (formerly Parker v. District of Columbia). You can find a copy of the “Parker” Appellate Court decision at the AzCDL Educational page.
The Heller case involves the constitutionality of the District of Columbia’s ban on functional firearms. The U.S. Court of Appeals ruled the ban was unconstitutional. Both sides appealed to the Supreme Court. For a case to be accepted by the Supreme Court, four justices must vote to hear the case. With a court split 4-4 along ideological lines, with one swing vote (Justice Kennedy), it’s a coin toss on who voted to hear the case and it’s going to be a nail-biter until the decision is handed down.
Since the Heller decision will likely be mid-2008 or later, it will probably be a hot issue for the 2008 Presidential and Congressional races. Your vote in the upcoming primaries and general election may be the most important votes of your life.
For further information and opinions on the Heller/Parker case, here are some recommended links:
CATO Institute
Dave Kopel
“Supreme Court Gun Cases” (Alan Korwin)
While we await the Heller decision, AzCDL will continue our fight to protect your Right to Keep and Bear Arms under Article 2, Section 26 of the Arizona Constitution
The next legislative session starts in January 2008. We are meeting with Legislators on pro-rights proposals we have drafted. We expect a number of them to be introduced as bills in the upcoming session and are anticipating another successful year. But we can only be successful WITH YOUR CONTINUED SUPPORT. Don’t let the Heller case distract you. Keep focused on restoring, preserving and protecting you rights here in Arizona.
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November 5, 2007
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December Gun Show volunteers needed – FREE Admission!
Like it says in our brochure, AzCDL is an “all volunteer” organization. We need volunteers to help us at the Crossroads of the West gun show on November 30th through December 2nd at the Arizona State Fairgrounds in Phoenix.
If you can spare a few hours we would deeply appreciate your help – a significant number of members have joined at this gun show in prior years. Come on down and spend some time observing the other volunteers. When you feel ready, step on in. If proactive selling is not your forte, we still need volunteers to manage the table, help hand out magnets, flyers and brochures, and keep an eye on things.
Volunteers who work the AzCDL table for a few hours will get into the gun show FREE!
If your membership is coming up for renewal soon, stop on by the table and renew. Sustaining memberships get a FREE AzCDL T-Shirt.
Not a member? Not a problem! You can join AzCDL at the gun show!
Interested? Drop a line to president@AzCDL.org.
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October 2, 2007
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FREE - Legislative Workshop November 13th
The following is a message from Arizona State Representative, Russell Pearce, about an upcoming FREE legislative workshop. We recommend attendance by anyone interested in protecting their freedoms.
Friends,
I am excited to tell you about a Legislative Workshop that is being conducted at the Arizona State Capitol. It is designed for Arizona citizens to help them understand the procedures and processes of the legislature.
Topics that will be discussed are: how a bill is drafted, how a bill moves through the legislature, the Arizona Legislative Information System (ALIS), the Request to Speak Program and how to more effectively use the legislative website.
There will be a lot of information provided and an opportunity to ask questions.
Date: November 13, 2007
Check in 7:30 AM
Time: 8:00 a.m. to 12:00 noon
Location: Arizona State Capitol - House of Representatives
Parking: Wesley Bolin Plaza
Cost: *FREE*
To register** you must purchase a (FREE) ticket. There is no cost. Go to http://www.legislativealerts.sirbarratt.com/ . There will be a link there to get tickets. Again, this is FREE. Limit 2 tickets per-person. Please call Eric Johnson at 480-892-5154 if you are disabled and need assistance with seating.
**For security reasons "walk-ins" or "day of the event" registration will not be allowed. It is imperative that registration is completed early.
Registration ends November 5th or until all seats are reserved.
You don't want to miss this opportunity. We only have a limited number of seats on the House Floor and in the Gallery so you must register early.
For additional information and tickets go to http://www.legislativealerts.sirbarratt.com/
I hope to see you there - Russell
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September 13, 2007
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New Laws Effective September 19, 2007
The following are pro-rights bills that will become law this year. With the exception of SB 1250, the general effective date for legislation is September 19, 2007.
SB 1250 – Removes the requirement to obtain fingerprints upon the first renewal of a CCW permit. Last year a bill passed that eliminated the fingerprint requirement after the second renewal. DPS interpreted this to mean that the second time you renew your permit after August 2005, you don’t need fingerprints – or roughly in the year 2015. SB 1250 eliminates the fingerprint requirement for permit renewals altogether. Starting December 31, 2007, when you renew your concealed weapons permit, you will no longer be required to submit a set of fingerprints. For procedures on renewing without submitting fingerprints, check with the DPS CCW Unit.
SB 1258 – Prohibits the Governor, or Adjutant General, from confiscating lawfully held firearms during a state of emergency.
HB 2116 – Allows people to let their grandchildren use their big game permits and tags to take big game under certain limited circumstances.
HB 2117 – Allows people to let physically disabled minor children use their big game permits and tags to take big game under certain limited circumstances.
HB 2469 – Reduces the penalty for not carrying your CCW permit with you to a petty offense (from the current Class 2 Misdemeanor). It also restricts the application of the law to concealed weapons permit holders, and clarifies that a permit holder can only be charged if they are carrying a concealed weapon when they fail to present their permit at the request of a law enforcement officer. If you produce a legible permit that was valid at the time of the violation, when you go to court you “shall not be convicted.”
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August 26, 2007
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Counter the Cultists – Support Freedom on August 28th
In a ritual reminiscent of primitive cultures gathering to ward off evil spirits, followers of the Brady Campaign cult will hold a candlelight vigil near the Arizona Capitol on August 28th:
Despite all their rhetoric about “celebrating civil rights,” their objective is to deprive YOU of your most basic “civil right” - The right to protect your family and yourself.
While the cultists are standing around holding candles and chanting mindless mantras, we urge all supporters of freedom to “Protect Your Freedom” by supporting the organization that is successfully rolling back decades of anti-rights abuse via pro-rights legislation. AzCDL is offering the “candlelight vigil” special – anyone who joins AzCDL, or renews their membership, between now and the end of August will receive an additional FREE AzCDL T-Shirt (a $15 value!). Members renewing will have 12 months added to their current expiration date.
Either join online or mail in your application.
If you join online, we will send you an e-mail asking you to choose the size you want.
If you mail in your application, jot a legible note on the application with the size you want.
Note – If you join at the Sustaining or Life membership level, this means you get an ADDITIONAL t-shirt. Sustaining members will get 2, and Life members will get 4, T-Shirts. For Basic and Sustaining members, that’s like getting your membership at ½ price!
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August 18, 2007
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Visit AzCDL at your local gun show
While we’re quietly working behind the scenes on legislative proposals for the 2008 session, our volunteers are busy staffing AzCDL tables at local gun shows. You can find us at the following gun shows:
September 8th & 9th - Arizona State Fairgrounds, Phoenix (Crossroads of the West)
September 15th & 16th - Tucson Convention Center, Tucson (McMann’s Roadrunner)
Nov. 29, Dec. 1 & 2 - Arizona State Fairgrounds, Phoenix (Crossroads of the West).
Stop by the AzCDL table and visit with our volunteers!
Join AzCDL or renew your membership and receive the “gun show discount.”
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July 11, 2007
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AzCDL June 2007 Newsletter is available online
The AzCDL Newsletter for June 2007 is available for viewing and downloading.
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July 2, 2007
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Governor vetoes Storage and Castle Doctrine Bills
SB 1251, which would have strengthened the "public establishment or event" storage requirements that were passed last year and capped CCW permit fees at their current level, and SB 1166, which attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed, were vetoed by the Governor on July 2, 2007.
Lobbyists for law enforcement groups, state agencies, cities, and towns, not to mention their willing accomplices in the media, worked very hard to kill SB 1251. Notwithstanding their repeated attempts to derail the bill in the legislature, it passed out of the House on June 4th by a vote of 32-23-5, and it passed out of the Senate on June 18th by a vote of 16-11-3.
On March 20th, SB 1302, which attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed, was vetoed by the Governor, despite strong bipartisan support in both the House and Senate.
On April 4th, a “Strike Everything” amendment was added to SB 1166 in the House Appropriations committee that substituted the language from SB 1302, as well as modifications intended to address the concerns stated in the Governor’s veto letter. It passed out of the House on April 23rd by a vote of 32-23-5, and it passed out of the Senate on May 2nd by a vote of 29-0-1.
Despite the bipartisan support in the legislature for both bills, and despite the tremendous outpouring of public support for both bills, the Governor decided to pander to the special interests aligned against these bills, and utilized her well worn veto stamp once more.
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June 20, 2007
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Castle Doctrine heads to Governor – Again!
On June 20th, in the final hours of this year’s legislative session, SB 1166 was sent to the Governor. SB 1166 makes it clear that legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to cases pending at the time it was signed on April 24, 2006.
Unfortunately, due to a recent Arizona Supreme Court decision, cases pending when the 2006 Castle Doctrine/Burden of Proof bill was signed were held to be subject to the old law, where the burden was on the accused to prove their innocence. To correct this deficiency, SB 1302 was introduced. SB 1302 passed both the House and the Senate with more than the 2/3 majority needed to enact it as an emergency measure, but it was vetoed by the Governor on March 2nd. The media claimed that the Governor bowed to the wishes of the Prosecutor’s lobby, who claimed that the courts would be overloaded with appeals of cases pending at the time if SB 1302 were to become law. Considering the reality of the situation (only a few hundred murder cases statewide, with only a fraction of those involving self-defense justifications), we found that excuse hard to fathom.
Rather than attempt an override, the Legislature replaced the language in SB 1166 with the language from SB 1302, along with modifications intended to address the Governor’s concerns stated in her veto letter. SB 1166 passed the House by a vote of 32-23-5. On May 5th, SB 1166 passed the Senate by a unanimous 29-0-1.
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June 19, 2007
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Storage Bill headed to Governor!
SB 1251, which strengthens the "public establishment or event" storage requirements that were signed by the Governor last year, passed the Senate Final Read on June 18th by a vote of 16-11-3 . It is now headed to the Governor’s desk. SB 1251 passed the House on June 4th by a vote of 32-23-5.
SB 1251 prohibits permanently recording information about the weapon or individual. It defines "readily accessible." If an "operator" doesn't comply, they can't prohibit weapons. An amendment adopted in the House caps concealed weapons permit fees at $65.
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June 7, 2007
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Op Ed attacks Storage Bill – AzCDL Responds
On June 6th, the Arizona Daily Star ran an “Op Ed” criticizing SB 1251 and slamming gun ownership in general.
Dozens have already posted comments at the Arizona Daily Star’s website.
Charles Heller, AzCDL Secretary and radio talk show host sent the following response as a letter to the editor:
Opinion Page Gets It Wrong From Start To Finish
By Charles Heller
The Arizona Daily Star asserts that Senate Bill 1251 could, "make it legal for citizens to enter City Hall or the Capitol armed with a loaded gun."
I’m certified to teach that law by the Arizona Department of Public Safety, and it is legal now. If you go to Tucson City Council or the legislature with a loaded firearm, you simply check it, in order to comply with ARS 13-3102 (A) 10. Many of us do. It is not a problem.
ARS 13-3102.01 REQUIRES that any government agency which prohibits weapons "shall provide temporary and secure storage. The storage shall be readily accessible on entry into the establishment… and allow for the immediate retrieval of the weapon on exit from the…event.”
The reason that SB 1251 is necessary (and I helped write it) is that some cities have arbitrarily failed to comply with ARS 13-3102.01. In Oro Valley, a person must disarm and walk several hundred yards across a plaza to transact his business, and then retrace his steps to retrieve his defense tool. That is NOT compliance with 13-3102.01. It would also be a huge burden to a handicapped person, nor is it any fun at 110 degrees.
This is not about “the gun lobby" getting its way. It is citizens reminding government that it is servant, not master.
The Star asserts that SB 1251, "could be dangerous not only to the public but to every member of the Arizona Legislature." Maybe the Star should do its homework. The Virginia legislature does not restrict citizens from attending its meetings at the state or local level while armed. Citizens often do. There is no problem with it.
The Star quoted State Rep. Steve Farley, D-Tucson, as saying "Those lockers must be installed at public expense..."
Once again, that is false. There is no law in Arizona requiring weapons to be prohibited from public buildings, except schools and prisons, which are not required by law to provide lockers. Mr. Farley is at best, inaccurate.
But could such lockers be used as drop zones for illegal gun sales? Well why would a criminal go to a place with video recorded security to trade in weapons, when he could do so unmonitored, outside?" Does that stand the test of reason?
The Star raises the possibility of an "accident." As an NRA certified instructor, I can tell you that the way to prevent accidents is to leave guns in their holsters, not into and out of lock boxes. If you want a safe environment, leave ‘em in the holster. That's security.
The Star asserts that, "It is unwise to jeopardize government employees or other citizens who need to conduct business at City Hall, the public library or the Motor Vehicle Division…." Where is the proof that the presence of a firearm does any such thing? In fact, it does just the opposite.
We need look no further than the University Medical Center shootings of 2002 for evidence that disarmed victim zones are dangerous places. We need look only at the Appalachian School of Law shooting of 2002 to see the results of armed students capturing the murderer at gunpoint. We should never require disarmament at any building without metal detectors.
Arizona has both high auto burglary and theft rates. Causing people to leave guns in cars is a prescription for theft. Several of my guns were stolen from my car on 4/29/07, for lack of secure storage.
Carrying a weapon in Arizona is a Constitutional right, per Article 2, Section 26. The default setting on our rights is in favor of the citizen. Senate Bill 1251 requires that governments seeking to limit a right obey law. Shouldn't government obey law?
Charles Heller
DPS Certified CCW Instructor
Secretary, Arizona Citizens Defense League
Host, America Armed & Free Radio
AM 690 KVOI Tucson
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June 4, 2007
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Storage Bill passes House – back to Senate!
On June 4th, SB 1251 passed the House third Read by a vote of 32-23-5.
Because of changes made to SB 1251 in the House, the Senate will have to concur on the House amendments then vote (Final Read) on the bill before it is sent to the governor. A key amendment adopted in the House caps concealed weapons permit fees at $65.
SB 1251 strengthens the "public establishment or event" storage requirements that were passed last year. It defines "secure storage" and "readily accessible." It prohibits permanently recording information about the weapon or individual. If an "operator" doesn't comply, they can't prohibit weapons.
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May 25, 2007
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Storage Bill finally gets heard in House COW
After being pigeonholed for weeks, SB 1251 has finally been put on the House Committee of the Whole (COW) calendar for Tuesday, May 29th.
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May 18, 2007
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Activism Tools available online
By popular demand, we have posted templates for the “No Guns = No Money” and “Why I Carry” business cards on our Educational page. Scroll down near the bottom of the page to find them, under the category of “Activism Tools.”
These popular items have previously only been available for purchase from AzCDL at gun shows. Why buy retail when you can download and print them for FREE?
The templates are in Microsoft’s Word format and are designed to be printed on Avery 8376 or equivalent business card stock. Make sure you get the type of card stock that can handle printing on both sides.
The “No Guns = No Money” cards have a picture of a gun inside the universal “NO” symbol (red circle with diagonal slash), then an equal (=) sign, then a Dollar sign ($) inside a “NO” symbol. Underneath is the wording:
“You have made a decision to ban guns in your store. I am going to respect that decision and take my gun and my money to a competing business. You have lost my business today, and until you allow the tools of self-defense into your business.”
On the reverse side of the card are “guns save lives” statistics.
Please carry and use these cards whenever you encounter a Jim Crow, “We Don’t Serve Your Kind Here” (i.e., No Weapons) sign, and you want the owner or manager to be aware of the impact of their decision to turn you away as a customer. Afterwards, please let AzCDL know via an email to Secretary@AzCDL.org . If we alert others to visit the establishment, and after they have a stack of “No Guns = No Money” cards on their desk, we’ll see how long the glue holds up on their sign.
The “Why I Carry” cards are a polite education tool to provide to people you encounter who may wonder aloud about why you are carrying a firearm.
Please feel free to distribute these cards widely.
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May 16, 2007
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Governor vetoes weapons misconduct bill, says “Get a permit”
SB 1629, which would have reduced the penalty for carrying a concealed weapon without a permit for law-abiding citizens, was vetoed by the Governor on May 16, 2007.
SB 1629 would have reclassified carrying a concealed weapon (CCW) without a permit as a petty offense, unless the violation occurred in the commission of, or attempted commission of, a “serious offense or violent crime”, in which case the CCW offense would have been a class 6 felony, or any other felony, in which case it would have been a class 1 misdemeanor. In a nutshell, if you’re a bad guy carrying a concealed weapon, penalties would have been stiffened. If you’re a law-abiding citizen, it would have become a petty offense.
Under current law, if you have not been issued a concealed weapons permit, it is a class 1 misdemeanor to carry a concealed weapon. Everyone is treated like a hardened criminal. Sadly, because of a couple of 1994 Appellate Court decisions, there is no clear, objective standard in statute that you can rely on to determine if you are violating the law. SB 1629 enjoyed broad support from Democrats and Republicans in the Legislature. The Fraternal Order of Police (FOP) supported it. Self-defense groups supported it. The public supported it.
In her veto letter on SB 1629, Governor Napolitano says “get the required permit.” She says that “people who fail to do so are, by definition, lawbreakers in possession of deadly weapons.” She goes on to say that “serious criminals, especially gang members, often carry concealed weapons without permits.” Per the Governor, there is no distinction between gang members breaking the law, and a law-abiding person’s attempt to comply with a law clouded by head-scratching court decisions. If your openly carried firearm can’t be seen because of the angle that the police officer is looking – you’re the same as a gang member. If you have a permit and are sitting near someone in a vehicle that “may” have access to your firearm – they are the same as gang members. If a newspaper falls over the gun that is sitting on the seat of your vehicle – you are the same as a gang member, unless you have a government issued permission slip (i.e., concealed weapons permit).
Governor Napolitano says that “Without tough penalties (including the ability to affect arrests) against people who carry weapons unlawfully, Arizona’s law enforcement would be deprived of a valuable tool.” In other words, arrest everyone and let the courts sort it out. That sure beats doing serious police work, and separating the bad guys from the good guys.
In her veto of SB 1629, Governor Napolitano repeated her “get a permit” mantra from her veto of SB 1301. Over 98% of Arizona citizens do not have concealed weapons permits, largely because the Arizona Constitution supposedly protects the right to “open carry.” Per Governor Napolitano, that’s poppycock – you better get a permit, or else!
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May 11, 2007
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“Reporter” attacks Senator & SB 1629
Howie Fischer, who runs a tiny media outlet out of his home called Capitol Media Services, managed to get one of his “news” stories, attacking both Senator Johnson for carrying a firearm and SB 1629 in general, published in a number of Arizona newspapers.
The story has been found in the:
Arizona Daily Star, East Valley Tribune, and Arizona Daily Sun:
Howie ignores the facts about the Arizona Constitution and gun laws in general. He gets all atwitter about women being able to defend themselves, and berates Senator Karen Johnson, a grandmother, for carrying a firearm. Then, using tortured logic, he twists the story into an attack on SB 1629 because it might keep law-abiding citizens from getting arrested when they attempt to comply with firearms statutes clouded by head-scratching court decisions.
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May 10, 2007
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Weapons misconduct bill headed to Governor
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for law-abiding citizens, passed the Senate Final Read on May 10, 2007, by a vote of 21-5-4 (70%). It’s now headed to the Governor’s desk. SB 1629 passed the House on May 1, 2007 by a vote of 37-18-5 (62%).
SB 1629 reclassifies carrying a concealed weapon without a permit as a petty offense, unless the violation occurs in the commission or attempted commission of:
- A “serious offense or violent crime” in which case the CCW offense is a class 6 felony, or
- Any other felony, in which case it’s a class 1 misdemeanor.
In a nutshell, if you’re a bad guy carrying a concealed weapon, penalties have been stiffened. If you’re a law-abiding citizen, it’s a petty offense.
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May 9, 2007
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Pro-rights bills break loose from committee
Two pro-rights bills finally passed out of the House Rules committee, after being held there for weeks, and are now headed to the House floor for debate and a vote in the Committee of the Whole (COW).
SB 1152 is a “Strike Everything” bill that prohibits the implementation of the federal REAL ID act of 2005 in Arizona. SB 1152 passed out of the Senate on March 8th with a vote of 23-5-2.
SB 1251 strengthens the "public establishment or event" storage requirements. It passed out of the Senate on February 20th by a vote of 19-9-2.
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May 8, 2007
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Governor vetoes Homeland Security Force bill
On May 8, 2007, governor Napolitano vetoed SB 1132.
SB 1132 would have created the Homeland Security Force (HSF) and the Homeland Security Committee, along with rules and procedures to govern the HSF. It appropriated $10,000 from the state General Fund in FY 2007-2008 to the Governor for administration of the HSF.
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May 3, 2007
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Rep. Gallardo “misspeaks” about SB 1629
House Minority Whip Steve Gallardo has been misleading the public about SB 1629, and the mainstream media is helping him do it.
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, passed the House May 1, 2007 by a vote of 37-18-5. SB 1629 cleared the full Senate on March 8th by a vote of 20-8-2. Because it was amended in the House, it must go back to the Senate for concurrence and a Final Read and vote before being sent to the Governor. As amended by the House, SB 1629 reclassifies carrying a concealed weapon without a permit as a petty offense, unless the violation occurs in the commission or attempted commission of:
- A “serious offense or violent crime” in which case the CCW offense is a class 6 felony, or
- Any other felony, in which case it’s a class 1 misdemeanor.
In a nutshell, if you’re a bad guy carrying a concealed weapon, penalties have been stiffened. If you’re an otherwise law-abiding citizen, it’s a petty offense.
But, that’s not what Rep. Gallardo and his buddies in the mainstream press have been reporting:
From Doug Ramsey at KTAR (5/2/07) …
“State lawmakers came close to legalizing concealed weapons for everyone.”
From Howard Fischer at the East Valley Tribune and Arizona Star (4/26/07)…
“All Arizonans would be able to carry concealed weapons without fear of being jailed under the terms of legislation given preliminary House approval Wednesday.”
The implication is that CRIMINALS can carry concealed weapons with impunity, even though SB 1629 says different.
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May 2, 2007
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More pro-rights bills going to the Governor
SB 1132 would create the Homeland Security Force (HSF) and the Homeland Security Committee, along with rules and procedures to govern the HSF. It appropriates $10,000 from the state General Fund in FY 2007-2008 to the Governor for administration of the HSF. SB 1132 passed the Senate’s Final Read by a vote of 18-11-1 and was sent to the Governor on May 2nd. It passed the House on April 23rd by a vote of 34-21-5.
SB 1166 passed the Senate’s Final read on May 2nd by a near unanimous vote of 29-0-1. It should be sent to Governor shortly. SB 1166 is the reincarnation of SB 1302, which attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed. On March 20th, SB 1302 was vetoed by the Governor, despite strong bipartisan support in both the House and Senate.
On April 4th, a “Strike Everything” amendment was added to SB 1166 in the House Appropriations committee that substituted the language from SB 1302, as well as modifications intended to address the concerns stated in the Governor’s veto letter. The House voted to pass SB 1166 by a vote of 32-23-5 on April 23rd.
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May 1, 2007
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Weapons misconduct bill goes back to Senate
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, passed the House May 1, 2007 by a vote of 37-18-5.
SB 1629 cleared the full Senate on March 8th by a vote of 20-8-2. Because it was amended in the House, it must go back to the Senate for concurrence and a Final Read and vote before being sent to the Governor.
As amended by the House, SB 1629 reclassifies carrying a concealed weapon without a permit as a petty offense, unless the violation occurs in the commission or attempted commission of
- A “serious offense or violent crime” in which case the CCW offense is a class 6 felony, or
- Any other felony, in which case it’s a class 1 misdemeanor.
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April 27, 2007
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Open Carry reform vetoed by Governor
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, was vetoed by the Governor on April 27, 2007.
SB 1301 had strong bipartisan support in the legislature. It passed the Senate on April 23, 2007 by a vote of 21-5-4. On April 9, 2007, the House passed SB 1301 by a vote of 40-16-4.
The current law has several problems. Foremost, open carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." SB 1301 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction. Another problem is the interpretation of “concealed” by a 1994 Appellate court decision, which held that it has to be obvious to “ordinary observation” that you're carrying a weapon. SB 1301 replaces the "wholly or partially visible" language in ARS 13-3102.F, and refers to "any portion" of a weapon or holster being visible.
An amendment was added to SB 1301 in the House clarifying that a concealed weapons permit is not required to carry in your home, business, or real property owned, leased or rented by you, including in “common areas”. The amendment also made it clear that this exemption applied to carrying concealed in vehicles on your own property as well. People have been arrested for carrying a firearm in the common areas of apartment complexes where they live.
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April 24, 2007
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Castle Doctrine bounces back – Again!
On March 20th, SB 1302, which attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed, was vetoed by the Governor, despite strong bipartisan support in both the House and Senate.
On April 4th, a “Strike Everything” amendment was added to SB 1166 in the House Appropriations committee that substituted the language from SB 1302, as well as modifications intended to address the concerns stated in the Governor’s veto letter.
On April 17th, the House voted to kill SB 1166 by a vote of 27-31-2. Representative Konopnicki then moved that the House reconsider SB 1166 on Monday, April 23rd where it passed 32-23-5.
SB 1166 is now headed back to the Senate for a “Final Read” before being sent back to the Governor.
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April 23, 2007
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Open Carry Bill headed to the Governor
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, passed the Senate “Final Read” on April 23, 2007 by a vote of 21-5-4, and was transmitted to the Governor. On April 9, 2007, the House passed SB 1301 by a vote of 40-16-4.
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April 19, 2007
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House kills Castle Doctrine retroactivity bill
On April 17th, the House voted to kill SB 1166 by a vote of 27-31-2.
SB 1166 was a replacement for SB 1302, which was vetoed by the Governor on March 20th. SB 1302 attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed. Governor Napolitano vetoed it despite strong bipartisan support in both the House and Senate.
On April 4th, a “Strike Everything” amendment was added to SB 1166 in the House Appropriations committee that substituted the language from SB 1302, as well as modifications intended to address the concerns stated in the Governor’s veto letter.
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April 18, 2007
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“Katrina” bill signed by the Governor!
SB 1258, which prohibits the Governor or the Adjutant General from confiscating lawfully held firearms during a state of emergency, was signed by the Governor on April 18, 2007.
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April 17, 2007
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Weapons misconduct bill headed for House vote
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, passed the House Rules committee on April 17, 2007. It is now headed for debate and vote by the House Committee of the Whole (COW) on Thursday, April 19th. SB 1629 cleared the full Senate on March 8th by a vote of 20-8. On March 26th, SB 1629 passed out of the House Homeland Security and Property Rights (HSPR) committee by a vote of 6-4.
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April 14, 2007
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Castle Doctrine rides again!
On March 20th, SB 1302, which attempted to make it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed, was vetoed by the Governor, despite strong bipartisan support in both the House and Senate.
On April 4th, a “Strike Everything” amendment was added to SB 1166 in the House Appropriations committee that substituted the language from SB 1302, as well as modifications intended to address the concerns stated in the Governor’s veto letter.
SB 1166 is now scheduled for a Third Read vote by the full House on Monday, April 16th.
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April 11, 2007
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Governor signs TWO pro-rights bills!
Your calls and letters paid off! Governor Napolitano recently signed two AzCDL supported bills.
On April 10, 2007, she signed SB 1250 which removes the fingerprint requirement for concealed weapons permit renewals. Starting December 31, 2007, when you renew your concealed weapons permit you will no longer be required to submit a set of fingerprints. For procedures on renewing without submitting fingerprints, check with the DPS CCW Unit.
On April 11, 2007, she signed HB 2469 which reduces the penalty for a concealed weapons permit holder failing to have their permit in their possession, while carrying concealed, from a misdemeanor to a petty offense.
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April 10, 2007
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Open Carry Bill passes in House!
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, passed in the full House by a vote of 40-16-4 on April 9th. The bill passed the full Senate on February 21st by a vote of 23-7. From here it goes back to the Senate before being sent to the Governor.
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April 5, 2007
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CCW Bill headed to the Governor
HB 2469, which reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed, passed the Senate on April 4, 2007 by a vote of 22-7, and was sent to the Governor on April 5, 2007.
HB 2469 passed in the House by a vote of 45-10 on February 19, 2007
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April 4, 2007
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CCW fingerprint bill headed to Governor
SB 1250 which removes the fingerprint requirement for concealed weapons permit renewals passed the House by a vote of 54-0 on April 3, 2007.
SB 1250 passed the Senate by a vote of 27-2 on February 19, 2007:
SB 1250 was sent to the Governor on April 4, 2007.
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April 3, 2007
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Open Carry Bill headed for full House vote
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, cleared its final House committee (Rules) on April 3, 2007. From here it goes to the House Committee of the Whole (COW) for debate and a voice vote. SB 1301 passed the full Senate on February 21st by a vote of 23-7.
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April 2, 2007
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“Katrina” bill headed to Governor
SB 1258 prohibits the Governor or Adjutant General from confiscating lawfully held firearms during a state of emergency. SB 1258 passed out of the House on April 2, 2007 by a super-majority vote of 55-0. It already passed out of the Senate by a vote of 22-8 on February 21, 2007. From here it heads to the Governor’s desk.
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March 28, 2007
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SB 1250 & 1258 nearing final House vote
SB 1250, the bill to eliminate the fingerprint requirement for CCW permit renewals, is on the House “Consent” calendar which is used to bypass the Committee of the Whole (COW), and move unamended bills to Third Read, in order to expedite the legislative process. SB 1250 passed out of the Senate by a vote of 27-2.
SB 1258 is the “Katrina” bill. It prohibits the Governor or Adjutant General from confiscating lawfully held firearms during a state of emergency. SB 1258 is on the House COW calendar for March 29, 2007. SB 1258 passed out of the Senate by a vote of 22-8.
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March 27, 2007
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CCW bill headed for Senate vote
HB 2469, which reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed, is headed for a vote by the full Senate – probably this week.
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March 26, 2007
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Weapons misconduct bill passes House committee.
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, passed in the House Homeland Security and Property rights (HSPR) committee on Monday, March 26, 2007 by a vote of 6-4. The bill was amended to make the first offense for carrying a concealed weapon without a permit a petty offense. Any subsequent violations would be a class 3 misdemeanor, unless you are committing, or attempting to commit, a serious or violent crime, in which case it would remain a class 1 misdemeanor. Currently all violations are class 1 misdemeanors.
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March 23, 2007
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Weapons misconduct bill to be reconsidered by House committee
Your calls and letters worked!
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, will be reconsidered in the House Homeland Security and Property rights (HSPR) committee on Monday, March 26, 2007.
SB 1629 was previously heard in the House Homeland Security and Property Rights (HSPR) committee on Monday, March 19, 2007, but because of a tie vote (5-5) cast by Representative Barto, it looked like the bill was effectively killed for the session. When word got out, many of you contacted Rep. Barto expressing your disappointment with her for voting against SB 1629. At the same time, Dave Kopp and John Wentling, AzCDL’s president and vice-president, met with Rep. Barto and the House leadership to address her concerns about SB 1629. The end result is that Rep. Barto has asked the committee to reconsider SB 1629 and it has been scheduled for the final committee hearing this coming Monday.
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March 20, 2007
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Tie vote narrowly kills weapons misconduct bill
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, was heard in the House Homeland Security and Property Rights (HSPR) committee on Monday, March 19, 2007. Despite excellent testimony given by Dave Kopp and John Wentling, AzCDL’s president and vice-president, the final vote on the bill was 5-5. The committee consists of 6 Republicans and 4 Democrats. As expected, all 4 Democrats voted against SB 1629.
The “killer” vote was cast by Republican Representative Nancy Barto, who also voted against the bill, creating the 5-5 tie that prevents SB 1629 from moving on to the full House for a vote.
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March 19, 2007
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Open Carry Bill in House committee 3/20/07
SB 1301, which rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, will be heard in the House Government committee on Tuesday, March 20, 2007.
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March 15, 2007
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House committee to hear weapons misconduct bill on Monday, March 19, 2007
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, will be heard in the House Homeland Security and Property rights (HSPR) committee on Monday, March 19, 2007.
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March 13, 2007
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Weapons Storage Bill passes House committee
SB 1251 passed out of the House committee on Government on Tuesday, March 13, 2007 by a vote of 5-4 with one member absent. Lobbyists from law enforcement, state agencies, cities, and towns are putting on the pressure to kill the bill, and were successful in swaying the votes of a couple of committee members. We’re expecting a tough fight ahead. SB 1251strengthens the "public establishment or event" storage requirements.
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March 9, 2007
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Pro-rights bills continue to move forward!
Your efforts are paying off.
SB 1301, which rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible the weapon is openly carried, passed in the House Judiciary committee on Thursday, March 8, 2007 by an 8-0 vote (with 2 members absent).
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for law-abiding citizens, passed the Senate Third Read on March 8, 2007 by a vote of 20-8 with 2 Senators not voting. It’s now half-way to the Governor’s desk. From here it’s headed to the House where we will continue our efforts to fight for its passage.
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March 8, 2007
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CCW Bill in Senate committee 3/12/07
HB 2469, which reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed, is scheduled for a hearing in the Senate Judiciary committee on Monday, March 12, 2007.
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March 7, 2007
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Weapons misconduct bill headed for Senate floor vote 3/8/07
Your activism is working! SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, passed the Senate Committee of the Whole (COW) on March 7, 2007. It’s now headed for a final vote (Third Read) in the Senate tomorrow on March 8, 2007.
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March 6, 2007
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Weapons misconduct bill to be debated in Senate
SB 1629, which reduces the penalty for carrying a concealed weapon without a permit for otherwise law-abiding citizens, is expected to be put on the Senate Committee of the Whole (COW) calendar within the next day or two.
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March 4, 2007
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Open Carry Bill in House committee 3/8/07
SB 1301, which rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, will be heard in the House Judiciary committee on Thursday, March 8, 2007.
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March 3, 2007
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Governor Rejects Castle Doctrine with veto
In a snub to those who wrongly suffered under Arizona’s brutal, and since overturned, “guilty until proven innocent” law, Governor Napolitano vetoed SB 1302 on March 2nd. The bill would have made it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed. Unfortunately, due to a recent Arizona Supreme Court decision, cases pending at the time were held to be subject to the old law, where the burden was on the accused to prove his or her innocence. This bill was intended to correct that deficiency. The media is claiming that the Governor bowed to the wishes of the Prosecutor’s lobby, who claim that the courts would be overloaded with appeals of cases pending at the time if this bill were to pass into law. Considering the reality of the situation (only a few hundred murder cases statewide, with only a fraction of those involving self-defense justifications), we find this excuse hard to fathom.
SB 1302 passed both the House and the Senate with more than the 2/3 majority needed to enact it as an emergency measure. It remains to be seen if the legislature will attempt to override the Governor’s veto.
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March 2, 2007
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Weapons Storage Bill in House committee 3/6/07
SB 1251, which strengthens the “public establishment or event” storage requirements, will be heard in the House committee on Government on Tuesday, March 6, 2007.
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March 1, 2007
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Pro-rights bills advance in Legislature
Your calls and letters are having an effect! Two more pro-rights bills advanced in the House and Senate on February 28, 2007.
SB 1250, which eliminates the fingerprint requirement for CCW permit renewals, passed out of the House committee on Natural Resources and Public Safety (NRPS) by an 8-1 vote (with one committee member absent). SB 1250 passed the Senate on February 19th by a 27-2 vote and is now one step closer to being heard by the full House.
HB 2458, which would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency, passed the full House on Third Read by a vote of 60-0 (unanimous). An amendment was added during the Committee of the Whole (COW) that would allow for the “reasonable movement of stores of ammunition out of the way of dangerous conditions.”
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February 28, 2007
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Castle Doctrine bill sent to the Governor
SB 1302, which makes it clear that the legislature intended to apply the 2006 “Castle Doctrine/Burden of Proof” legislation to all cases pending at the time it was signed, was transmitted to the governor on February 27, 2007.
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February 27, 2007
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Full House to vote on gun confiscation bill
Your activism paid off! On February 27, 2007, the House Committee of the Whole (COW) approved HB 2458, a bill that would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency. It is now scheduled for Third Read tomorrow, February 28, 2007.
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February 26, 2007
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House to debate gun confiscation bill on 2/27/07.
On February 27, 2007, the House will convene the Committee of the Whole (COW), and will debate and vote on HB 2458, a bill that would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
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February 25, 2007
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SB 1250 to be heard 2/28/07
SB 1250, the bill to eliminate the fingerprint requirement for CCW permit renewals, will be heard in the House committee on Natural Resources and Public Safety (NRPS) on Wednesday February 28, 2007.
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February 22, 2007
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Two more pro-rights bills progress in the Senate
On Wednesday, February 21, 2007, the Senate passed two more AzCDL supported bills in “Third Read.”
SB 1258 – Approved by a vote of 22-8.
Would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
SB 1301 – Approved by a vote of 23-7.
Rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried.
SB 1258 and SB 1301 will now cross-over to the House.
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February 21, 2007
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More pro-rights bills progress in the Senate
On Tuesday, February 20, 2007, the Senate convened the Committee of the Whole (COW) followed by Third Read on four pro-rights bills:
SB 1251 – Passed in the COW then was approved on Third Read by a vote of 19-9 with 2 not voting.
Strengthens the "public establishment or event" storage requirements.
SB 1258 – Passed in the COW. Scheduled for Third Read 02/21/07.
Would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
SB 1301 – Passed in the COW. Scheduled for Third Read 02/21/07.
Rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried.
SB 1302 – Approved in Third Read by a vote of 29-0 with one not voting.
Clarifies that the intent of the Castle Doctrine bill that restored “innocent until proven guilty” applied to all court cases pending on April 24, 2006 when the bill was signed.
SB 1251 and SB 1302 will now cross-over to the House. SB 1258 and SB 1301 will be scheduled for Third Read.
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February 20, 2007
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Pro-rights bills to be formally voted on by the full Senate on 2/21/07
On Wednesday, February 21, 2007, the Senate will formally vote (Third Read) on bills that passed out of Committee of the Whole (COW) on February 20, 2007. This vote is the final, crucial vote in the Senate! Once they pass Third Read, they "cross-over" to the House and they're half-way to the governor's desk:
SB 1258 – Would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
SB 1301 – Rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried.
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February 20, 2007
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Two pro-rights bills pass half-way mark
On Monday, February 19, 2007, the House and Senate formally voted (Third Read) on bills that passed out of Committee of the Whole (COW) on February 15, 2007. The House voted on HB 2469, and the Senate was scheduled to vote on SB 1250 and SB 1302. However SB 1302 was “held” for a later date because the sponsor was not available. Once a bill passes Third Read, they “cross-over” to the other chamber and they’re half-way to the governor’s desk.
The following is a summary of the Third Read:
HB 2469 – Passed 45-10 with 5 not voting.
Reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed.
SB 1250 – Passed 27-2 (Impressive!) with 1 not voting.
Eliminates the fingerprint requirement for concealed carry permit renewals.
SB 1302 – Held over until the sponsor can be there.
Clarifies that the intent of the Castle Doctrine bill that restored “innocent until proven guilty” applied to all court cases pending on April 24, 2006 when the bill was signed.
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February 19, 2007
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Pro-rights bills to be debated by the full Senate on 2/20/07!
On February 20, 2007, the Committee of the Whole (COW) in the Senate will debate and vote on SB 1251, SB 1258 and SB 1301:
SB 1251 – Strengthens the "public establishment or event" storage requirements.
SB 1258 – Would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
SB 1301 – Rewrites 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried.
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February 16, 2007
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Pro-rights bills passing COW to be formally voted on by the full House and Senate on 2/19/07!
On Monday, February 19, 2007, the House and Senate will formally vote (Third Read) on bills that passed out of Committee of the Whole (COW) on February 15, 2007. The House will decide on HB 2469, and the Senate will decide on SB 1250 and SB 1302. This vote is the final, crucial vote in their respective legislative chambers! Once they pass Third Read, they “cross-over” to the other chamber and they’re half-way to the governor’s desk.
HB 2469 reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed.
SB 1250 eliminates the fingerprint requirement for concealed carry permit renewals.
SB 1302 clarifies that the intent of the Castle Doctrine bill that restored “innocent until proven guilty” applied to all court cases pending on April 24, 2006 when the bill was signed.
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February 15, 2007
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Pro-rights bills pass in House and Senate on 2/15/07
Your pressure worked! On Thursday, February 15, 2007, the Committee of the Whole (COW) in both the House and Senate passed important pro-rights legislation. The House passed HB 2469 and the Senate passed SB 1250 and SB 1302.
The following is a synopsis of these bills and a summary of the hearings:
HB 2469 reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed. During the House COW debate, Representatives Crandall, Pearce and Konopnicki stated their support of HB 2469. Representatives Sinema, Ulmer and Gallardo stated their opposition to HB 2469 and demonized gun owners. Rep. Ulmer also mentioned that she received lots of YOUR letters supporting the bill. Good job!
SB 1250 eliminates the fingerprint requirement for concealed carry permit renewals. During the Senate COW debate, Senator Burton-Cahill attempted to add a “floor amendment” to reinstate training for permit renewals. The amendment failed.
SB 1302 clarifies that the intent of the Castle Doctrine bill that restored “innocent until proven guilty” applied to all court cases pending on April 24, 2006 when the bill was signed.
These bills will now be scheduled for a Third Read and vote in their respective chambers.
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February 14, 2007
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Pro-rights bills to be debated by the full House and Senate on 02/15/07!
On Thursday, February 15, 2007, the Committee of the Whole (COW) in both the House and Senate will debate and vote on bills that have passed out of committee. The House will decide on HB 2469 and the Senate will decide on SB 1250 and SB 1302.
HB 2469 reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed.
SB 1250 eliminates the fingerprint requirement for concealed carry permit renewals.
SB 1302 clarifies that the intent of the Castle Doctrine bill that restored “innocent until proven guilty” applied to all court cases pending on April 24, 2006 when the bill was signed.
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February 13, 2007
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More Pro-Rights bills clear committees!
It was a long day with AzCDL volunteers testifying in three committees that all started at the same time. It was almost 8:30 PM when the last bill was heard and we could go home. However, it was worth it. Six AzCDL supported pro-rights bills were passed out of House and Senate committees on February 12, 2007.
SB 1152 – (Amended) Passed the Senate Government committee by a 7-0 vote.
Sen. Johnson’s “Strike Everything” amendment completely replaced the subject and text of the original bill. SB 1152 is now a bill that prohibits the implementation of the REAL ID act of 2005 in Arizona:
SB 1251 – (Amended) Passed the Senate Judiciary committee by a 4-2-1 vote.
Strengthens the “public establishment or event” storage requirements.
An amendment was passed in committee removing a proposed CCW permit holder exemption and adding an exception “to a public event where control of security has been transferred to the United States Secret Service pursuant to 3 U.S.C. Sec. 202.”
SB 1258 – Passed the Senate Government committee by a 4-3 vote.
Identical to HB 2458, it would prohibit the Governor or Adjutant General from confiscating lawfully held firearms or ammunition during a state of emergency.
SB 1629 – (Amended) Passed the Senate Judiciary committee by a 4-2-1 vote.
If you are not committing, or attempting to commit, a serious or violent crime, SB 1629 reclassifies carrying a concealed weapon without a permit as a petty offense.
An amendment was passed in committee restoring language in ARS 13-3120.K not related to the petty offense proposal.
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