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November 20, 2008
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AzCDL November 2008 Newsletter available online
The AzCDL Newsletter for November 2008 is available for viewing and downloading.
The November newsletter was mailed to all active AzCDL members. If you did not get your copy, and your membership has not lapsed, please contact treasurer@AzCDL.org to make sure we have your correct address.
If you would like to receive future newsletters, please go here and follow the instructions.
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October 31, 2008
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Your vote is critical to your rights in Arizona!
If you’re thinking of sitting out this election, your decision could usher in an anti-rights regime in the Arizona State Legislature that is dedicated to turning gun owners into criminals. On Election Day, the Arizona House of Representatives could easily shift to an anti-rights majority if YOU decide it’s not worth the effort to vote.
Thanks to a pro-rights majority, AzCDL has been building on a steady stream of successes.
If the State Legislature shifts to an anti-rights majority because of voter apathy, instead of continuing to restore our rights, we will be fighting an onslaught of bills to eliminate gun ownership. The following are just some of the bills that were introduced just last year, and were defeated, but would have a good chance of becoming law with an anti-rights majority:
HB 2833: Required ammunition manufacturers to encode an individualized serial number on each bullet base and cartridge case. Possession of non-coded ammunition would be illegal. All ammunition sales would be recorded. A 1/2 cent tax would be added to every round of ammo sold. Manufacturers and vendors would face stiff fines for not-complying. This bill would effectively end ammunition sales and reloading in Arizona.
HB 2430 & HB 2431: These companion bills would make you a criminal and lifetime prohibited possessor, along with being subject to personal liability, if a minor gains access to one of your firearms and causes injury or death. Virtually identical bills were also introduced in the previous two legislative sessions.
HB 2429: Established a new 75 foot perimeter around polling places where weapons are prohibited. Current law prohibits weapons inside polling places.
HB 2358: Increased the penalty for possession of a firearm on school grounds to a Class 5 Felony.
HB 2786: Added “post secondary” institutions (i.e., colleges and universities) to places where weapons are prohibited.
If you are content to see legislation like the bills listed above become law, then sit out the election. However, if you want to continue to fight for your rights here in Arizona, then VOTE on Election Day.
"All that is necessary for the triumph of evil is that good men do nothing." -- Edmund Burke
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October 28, 2008
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Democrats equate gun owners with child molesters!
In a recent flyer attacking a legislative candidate in a Phoenix West Valley district, the Arizona Democratic Party claims that the candidate “voted to put guns in the hands of illegal immigrants, violent criminals, and even sex offenders.”
Why would the AZ Democratic Party make such a claim? Because the candidate voted “Yes” on HCR 2025 during the Third Read vote on the House floor on March 4, 2003.
Exactly what did HCR 2025 do that would cause the Arizona Democratic Party to say such things? It was, quite simply, a concurrent resolution recognizing that gun shows are a lawful, normal, and reasonable means for law-abiding gun owners to exercise their First and Second Amendment rights. It stated, in part …
“Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. That the Members of the Legislature recognize that gun shows provide a safe, historical, valuable and indispensable community service for those citizens who choose to exercise their constitutional rights.
2. That such peaceable public assemblies should be protected from those who would further regulate, encumber or eliminate them through a campaign of misinformation.”
It appears from the flyer that Democrats believe that if YOU attend a gun shows you are a sex offender, violent criminal or illegal immigrant. What kind of support can we expect from legislators with a party like this behind them, backing and funding them?
If you are as offended by this disgusting personal attack on Arizona’s law-abiding gun owners and gun show attendees as we are, please make your voice heard! Contact the Arizona Democratic Party at …
Arizona Democratic Party Headquarters
2910 North Central Avenue
Phoenix, AZ 85012
(602) 298-4200
Toll Free: 1-877-298-6837
You can contact Maria Weeg, their Executive Director, at the following contact web page …http://www.azdem.org/?id=304
You can contact Emily DeRose, their Communications Director, at the following contact web page …http://www.azdem.org/?id=599
The following is a cut-and-paste template you can use when communicating with the above individuals.
The Arizona Citizens Defense League has informed me that the Arizona Democratic Party recently distributed a flyer denigrating a legislative candidate’s support of Arizona’s Constitutional protection of law abiding citizens’ right to keep and bear arms.
I am deeply offended by your disgusting insinuation that only “illegal immigrants, violent criminals and sex offenders” attend gun shows. I am a gun owner. I attend gun shows. I am a law-abiding citizen. I demand a public retraction of your statement and a written personal apology from your organization for your outrageous attack against me.
How do you expect to win elections when you ridicule and attack the voters you are asking to support your candidates? What kind of support can I, as a gun owner, expect from legislators with a party like yours behind them and funding them?
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October 19, 2008
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Election Day in Two Weeks, Volunteers Needed!
With the general election fast approaching, many of you may be wondering what you can do to ensure the election of pro-freedom candidates at all levels of government. Though AzCDL can not advocate for or against any particular candidate or party, we would be remiss in our mission if we did not keep our membership informed about how to stay involved in the political process.
To that end, if you were wondering how your elected State Representatives and/or Senators voted on key pro-rights bills, you can find their voting records here
AzCDL also sent surveys to every State legislative candidate on issues we believe are critical to our freedom. To see if your candidate responded, and their position on these issues, go here.
If you would like to volunteer your time for a particular candidate or party, whether it be working the polls or driving people to them on election day, walking the precincts, manning the phone banks, putting up a yard sign, or any of the thousand and one other small jobs that need doing during the election season, please contact the candidate or party of your choice and get involved. A small amount of your time will make a big difference to someone’s campaign, and could make a big difference to AzCDL if a supportive candidate wins a crucial election.
If you need further information on how to contact a candidate or party, send an e-mail to AzCDL’s President or Vice-president and we’ll be more than happy to point you in the right direction.
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October 13, 2008
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Assistance needed at AzCDL’s Annual Meeting
If you are attending the Arizona Citizens Defense League’s Annual Meeting of Members on October 18, 2008 at the Crowne Plaza Phoenix Hotel, we need a few volunteers to show up a little early and help at the registration table.
We are expecting a couple of hundred attendees and want to make sure none of you have to wait very long to get seated and start enjoying your lunch.
If you can be at the hotel by Noon on October 18th to help out, please e-mail Fred.
In case this is news to any of you reading this, the Arizona Citizens Defense League cordially invites you to our Annual Meeting of Members on October 18, 2008 at the Crowne Plaza Phoenix Hotel, 2532 West Peoria Avenue, Phoenix, Arizona.
The tasteful open carrying of firearms is appreciated.
All attendees will be eligible for our door prize drawing of a $2,000 Front Sight Course Certificate.
Entertainment will be provided by the Cartridge Family Band.
Prior to the meeting, lunch will be served at 1:00 PM. The fee for lunch is $25 per person. The price includes a FREE Basic Annual AzCDL membership, or renewal of an existing membership! We have a few seats left in the banquet room.
The schedule of events, menu options, information on our guest speakers, and a reservation form can be found here.
(Note: The bus ride from Tucson is no longer available)
The guest speakers this year will be Speaker of the Arizona House of Representatives James P. Weiers and attorney Michael P. Anthony.
A number of State Legislators and candidates for State seats will also be in attendance and available to share their views.
If you wish to attend at this late date, send an e-mail to Fred.
Current AzCDL members and their guests may pay when they arrive.
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September 23, 2008
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Free AzCDL T-shirt!
Yeah, there’s a catch – the folks at the Gun Rights Policy Conference (GRPC) are asking AzCDL for 8 volunteers to help set things up. Part of the GRPC set-up allows us to stuff AzCDL material into the GRPC information packets given to all attendees. Since there are over 800 folks registered to attend the GRPC, we see that as major opportunity to introduce them to AzCDL, and deeply appreciate any help you can provide.
If you can spare a few hours Friday afternoon, September 26, 2008, to assist in setting up the GRPC, we will give you a spiffy AzCDL T-shirt to proudly wear, along with the satisfaction of knowing you made a difference.
Set-up starts at noon on Friday, September 26th. In addition to assembling information packets, there will be some work involved in setting up and moving tables, posting banners (including AzCDL’s!), etc. If you carry a Leatherman or similar tool, it’s probably a good idea to have it handy.
If you are interested in volunteering, please contact Charles Heller (AzCDL’s Secretary) or call him at 520-870-2700. Most of AzCDL’s Board of Directors will be there helping with the set-up. Hope to see you there!
Charles will be recording all the GRPC sessions and is also looking for a volunteer to help him set up his equipment, run cables, etc. If you are interested please contact him. Yes! You will also get an AzCDL t-shirt for helping Charles.
If you haven’t already signed up to participate in the FREE 23rd Annual Gun Rights Policy Conference (GRPC) in Phoenix on September 26, 27 & 28, 2008, we urge you to do so. Did we mention it’s FREE? And “free” includes the registration, receptions, luncheon, breaks and a library of useful pro-rights books and literature. Sign up today. Or, you can call 425-454-7012 and register. You can also email GRPC to register.
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September 15, 2008
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Join AzCDL at GRPC – It’s FREE!
If you haven’t already signed up to participate in the FREE 23rd Annual Gun Rights Policy Conference (GRPC) in Phoenix on September 26, 27 & 28, 2008, we urge you to do so. Did we mention it’s FREE? And “free” includes the registration, receptions, luncheon, breaks and a library of useful pro-rights books and literature. It’s been 6 years since the GRPC was held in Phoenix. Do not miss this golden opportunity! Sign up today.
You can also download an application for printing and mailing here. But hurry!
The GRPC will start with an evening reception on Friday, September 26th, and run through mid-day on September 28th. The bulk of the activity and forums will be on September 27th which includes lunch and an evening reception. This is a great opportunity to meet-and-greet and “chat ‘n chew” with leaders in the “Right to Keep and Bear Arms” movement.
The full roster of GRPC 2008 speakers has not yet been set. Past speakers have included: Alan M. Gottlieb, Joseph P. Tartaro, U.S. Representatives Ron Paul, Chris Cannon, Bob Barr & Jean Schmidt, Robert Levy, Esq. & Alan Gura, Esq., counsel for the Heller case, Wayne LaPierre, John Lott, G. Gordon Liddy, Michael Reagan, Larry Elder, Ken Hamblin, Massad Ayoob, and many others. You do not want to miss this opportunity!
Audio recordings of this Gun Rights Policy Conference will be produced by AzCDL’s Secretary, Charles Heller. Recordings of this GRPC and prior conferences going back to 2003 are available from Charles.
AzCDL will have a table at the GRPC. If you are attending the GRPC and can spare a few hours to staff the AzCDL table, we’ll give you a spiffy AzCDL t-shirt. If you can help us out at the GRPC, please contact Dave Kopp.
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September 1, 2008
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AzCDL Annual Meeting – October 18, 2008
The Arizona Citizens Defense League cordially invites you to our Annual Meeting of Members on October 18, 2008 at the Crowne Plaza Phoenix Hotel, 2532 West Peoria Avenue, Phoenix, Arizona.
The tasteful open carrying of firearms is appreciated.
All attendees will be eligible for our door prize drawing of a $2,000 Front Sight Course Certificate.
Prior to the meeting, lunch will be served at 1:00 PM. Those having lunch need to pre-pay by September 27, 2008.
The fee for lunch is $25 per person. The price includes a FREE Basic Annual AzCDL membership!
Attention Tucson Area Residents! Save gas! The Crowne Plaza in Phoenix is about a 240 mile round trip from Tucson. If your car gets around 20 miles per gallon, you’re looking at about $50 for gasoline for the trip. If we get enough Tucson area residents committed to coming to our Annual Meeting, for $50 AzCDL will charter a bus to take you to the Annual Meeting and back, AND provide your lunch at the Crowne Plaza, AND give you an AzCDL Basic Annual membership. That’s an impossible to beat deal! If you are interested, email Charles Heller (today!) and add your name to the list.
The schedule of events, menu options, information on our guest speakers, and a reservation form can be found here:
Invitation.
Reservation Form.
The guest speakers this year will be Speaker of the Arizona House of Representatives James P. Weiers and attorney Michael P. Anthony.
A number of State Legislators and candidates for State seats will also be in attendance and available to share their views.
Reservations must be received by Saturday, September 27, 2008.
Pre-payment is required to reserve meals.
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August 27, 2008
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Voting Records and Candidate Surveys available at AzCDL website
Wonder how your elected State Representatives and/or Senators voted on key pro-rights bills? Well, wonder no longer. AzCDL has posted their voting records
2008 is an election year! AzCDL sent surveys to every State legislative candidate on issues we believe are critical to our freedom. Many candidates are still hiding under their desks, but a number of them have responded. To see if your candidate responded, and their position on these issues, go here.
If your candidate has not responded, we urge you to contact them, ask them to show some integrity, and complete the AzCDL survey. Our position is that “no response” equals “No” to every question on our survey.
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August 7, 2008
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AzCDL Candidate Questionnaires Mailed
We recently mailed questionnaires to all State legislature candidates. Results will be posted on our website after they start coming in. We will notify you with a link to the new web-page when it’s completed.
AzCDL’s questionnaire fit on a postcard and we provided return postage. We asked every candidate to respond “Yes” or “No” to each of the following statements:
- Law-abiding citizens have the right to carry a weapon, with or without a government issued permit, in any place that they have a right to be.
- Trained, law-abiding adult citizens have the right to carry their weapons onto the grounds of schools, colleges and universities in order to be able to protect themselves and others from criminals.
- Law-abiding citizens have the right to carry a weapon into a restaurant with them while they dine, whether or not the establishment happens to serve alcohol for consumption on the premises.
- Article 2, Section 26 of the Arizona Constitution means what it says. Our right to bear arms must not be subject to local laws.
- Law-abiding citizens who are forced to use a weapon in self-defense should be presumed innocent of any wrongdoing unless proven otherwise by the state, and should also be free from any retaliatory civil suits by the criminal or his family/estate.
In our cover letter to all candidates, we told them that they could send us an expanded response, but that anything other than a “Yes” was a “No”, and anything perceived as a “Yes but…” will be posted as a “No.” Unchecked boxes will also be treated as a “No.”
We are updating out website to accommodate the questionnaire results, and to show the legislator voting records from the recent legislative session.
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August 2, 2008
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AzCDL July 2008 Newsletter available online
The AzCDL Newsletter for July 2008 is available for viewing and downloading.
Inside you’ll find a review of the 2008 legislative session.
Also included is an invitation to the FREE 2008 Gun Rights Policy Conference (GRPC) to be held this year in Phoenix, on September 26-28, 2008.
The July newsletter was mailed to all active AzCDL members. If you did not get your copy, and your membership has not lapsed, please contact treasurer@AzCDL.org to make sure we have your correct address.
If you would like to receive a printed version of future newsletters, please go here and follow the instructions.
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July 25, 2008
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Another Failure of “Gun Free” Zones
As most of you have probably heard by now, Arizona has become the scene of yet another campus shooting. On Thursday, July 24, a 22 year old opened fire on the campus of South Mountain Community College in Phoenix, in what police are describing as a continuation of an argument with another person in a classroom on the campus. Thankfully, none were killed, although three people were wounded. Though firearms are banned on campuses throughout the state in accordance with the policies of the Arizona Board of Regents, in yet another stunning example of the obvious, only the law-abiding are adhering to these rules.
During the last session of the legislature, AzCDL attempted to get SB 1214 to the Senate floor for a debate and vote. As you may recall, this was Senator Karen Johnson’s bill that would have allowed law-abiding citizens with CCW permits to carry concealed weapons on college and university campuses. Unfortunately, due to staunch opposition from anti-rights groups, certain law enforcement associations, and the administrative officers of several of the universities, all of the Democratic Senators, and several of the so-called “moderate” Republicans, lined up against the bill, so the Senate leadership refused to bring it to a vote.
Had this bill successfully passed the legislature, and somehow avoided the veto pen of our Governor, perhaps there might have been some deterrent effect in place for a young man whose only apparent desire was to continue an argument. Unfortunately, given the existing situation, he was able to escalate that argument to an extreme level, largely because he knew that no one would be around who was able to properly resist him. Even had he not been deterred by the likelihood of armed resistance, at least someone with proper training might have been able fight back and subdue him. As it was, he escaped long before police arrived on the scene, and was only apprehended later.
We believe that it’s far past time to take our schools back. We wholeheartedly agree with the opponents of SB 1214 that our schools and universities should be safe havens, free from the scourge of violence and lawlessness. Where our views diverge is how to get there from here. Putting up a sign that says “Gun Free Zone” has had the perverse effect of increasing school shootings, which should surprise no one. After all, criminals don’t obey laws. That’s why we call them criminals. The sign may as well read “Disarmed Victim Zone”. If the opponents of SB 1214 truly believe that removing guns from the hands of the law-abiding makes people safer, than we’ll expect them to promote a bill that takes guns away from policemen. We won’t be holding our breaths.
Given these realities, we ask you to please stand ready to support our “school carry” initiative during the next legislative session. We told them last year that we weren’t going away, and we meant it!
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July 12, 2008
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Debate on National Park Carry extended!
The Department of the Interior (DOI) has extended the comment period on allowing lawful carry of firearms in National Parks until August 8, 2008. It was supposed to end on June 30, 2008. However pro-rights comments dwarfed the anti-liberty crowd and there are some, including some Congressmen, who don't like that. Here’s the letter from Arizona Representative Raul Grijalva and Senator Kahikana Akaka (Hawaii) that generated the delay .
The delay was meant to allow the opponents of your liberty to organize against your right to keep and bear arms in National Parks. Instead we will use the delay to continue pounding for carry in National Parks.
Spread this alert item on the Internet far and wide so we can get more and more gun owners to send in their comments. If we do that and drive our numbers up, we can continue to bury the other side with pro-liberty comments! If you have already contacted the Department of the Interior to allow carry in parks, please do it again!
To comment on the proposed rule, go here.
For "Submitter's Representative," type in your Federal Representative’s name. If you don’t know who your Congressperson is go here .
For "Agency Type," select: FEDERAL
For "Government Agency," select: DEPARTMENT OF THE INTERIOR
The following is suggested “General Comment” text provided by our friends in the Virginia Citizens Defense League (VCDL).
Pursuant to the US Supreme Court decision in District of Columbia vs. Dick Heller, both the existing and proposed National Park Service & National Wildlife Refuge weapons regulations are invalid, unconstitutional and void. The Virginia Citizens Defense League (VCDL) and over 4 dozen co-petitioning organizations advised the Parks service of this as long ago as 2004. Since the holding in Heller is that their total ban on handguns infringes the Second Amendment, the Department of Interior and the National Park Service should accept the VCDL petition language as follows and implement the regulation immediately after the comment period closing.Under existing legal doctrine, once a law is held unconstitutional, it is stricken; in the case of the park service CFR 36, regulation 2.4, it is almost exactly the same as the District of Columbia, and therefore void. Further, the Department of Interior proposed regulation with it's flawed "analogous state lands" language and is thereby also in violation since any state level bans on bearing arms in analogous state lands would also be implicated under Heller. The Department of the Interior is hereby instructed to immediately amend the current regulations pursuant to the VCDL petition language, copied below and the decision of the US Supreme Court rendered in Heller. The Supreme Court held that the Second Amendment is an individual right protecting the rights to keep arms and bear arms which supersedes CFR 36 regulation 2.4.
While I support the proposed change to permit loaded firearms / weapons in National Parks and Wildlife refuges, the proposed regulation should be amended as follows:
"A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal park, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law."
And for National Wildlife Refuges:"
A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national wildlife refuge area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal wildlife refuge, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law."
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July 8, 2008
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Governor vetoes remaining pro-rights bills.
When the Legislature adjourned, they sent HB 2389 & HB 2626 to the Governor. On Monday, July 7, 2008, Governor Napolitano vetoed both bills.
HB 2389 was the AzCDL-requested bill that clarified that it is permissible to carry a weapon, with or without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit. Current law states that, without a concealed weapons (CCW) permit, it is permissible to carry a weapon or weapons "in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation." Unfortunately, in 1994 an Arizona Appellate court decision determined that "within a means of transportation" meant it must be obvious under ordinary observation to someone outside the vehicle that there is a weapon inside the vehicle. This created conflicts interpreting the statute. As a result:
- Wearing a holstered firearm within a vehicle = concealed carry, requiring a CCW permit. But, that same holstered firearm in a map pocket, trunk or glove compartment, equally accessible by a vehicle's occupants, does not require a CCW permit.
- Possessing a concealed weapons permit and being armed may put other occupants in the vehicle, who do not possess a CCW permit, at risk of arrest because of their proximity to your firearm. Yet, if that same weapon were in a map pocket, trunk or glove compartment accessible by all the vehicle's occupants, no crime is committed.
HB 2389 would have benefited law enforcement and the law-abiding, making the law clear and rational, and not subject to confusing roadside interpretations. In her veto letter, Governor Napolitano cited the concerns of a few law enforcement lobbyists as her excuse for ignoring the rights of law-abiding citizens.
Also vetoed was HB 2626, Representative Pearce’s bill that allowed a sheriff to authorize posse volunteers and reserve officers with firearms training to carry a deadly weapon without a CCW permit. It also excluded individuals who have completed peace officer training from the CCW permit training requirements. Representative Pearce included AzCDL-requested language in HB 2626 that clarified Arizona's "open carry" statute. Due to 1994 Appellate court interpretations, whether a person is legally carrying openly is completely subjective, based largely on the location of the observer. Governor Napolitano cited the open carry reform language as her reason for vetoing HB 2626.
This session, Governor Napolitano vetoed 5 reasonable bills related to your right to keep and bear arms:
HB 2389 – Restored Vehicle carry.
HB 2626 – Restored open carry.
HB 2629 – Permitted less than lethal “defensive display.”
HB 2630 – Reduced the penalty for carrying concealed without a permit for those not involved in a crime.
SB 1106 – Allowed for an alternative lifetime CCW permit.
In her last term in office, the Governor no longer needs to maintain any façade of being pro-rights that she might have needed for reelection, and is now showing her true feelings towards firearms owners. We expect next year, the last year of her term in office, to be even more revealing.
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June 30, 2008
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Yes - Vehicle Carry was sent to the Governor!
Last week we told you that HB 2389, the AzCDL-requested bill that clarifies that it is permissible to carry a weapon, with or without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit was sent to the Governor based on information we received from the bill’s sponsor.
However, when the Legislature adjourned “Sine Die” on Friday, June 27, 2008, the Legislature’s website did not reflect that HB 2389 had gone to the Governor. This morning, the Legislature’s website indicates that HB 2389 was transmitted to the Governor today, June 30, 2008.
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June 28, 2008
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Sine Die!
It’s official – The Legislature adjourned “Sine Die” on Friday, June 27, 2008 at 10:09 PM. The general effective date for legislation passed during the session is 90 days after Sine Die.
One casualty of Sine Die may be HB 2389, the AzCDL requested Vehicle Carry bill. When we sent out our “contact the Governor” Alert, we had been contacted by the bill’s sponsor and told that HB 2389 had passed “Final Read” in both the House and Senate. The next step should have been the Governor’s desk. However, if the Legislature adjourned before transmitting HB 2389 to the Governor, then HB 2389 is dead. Right now the Legislature’s website is not reflecting that HB 2389 was sent to the Governor. This could be an oversight, since everyone at the Capitol had other things on their mind, like adjourning before the weekend, and the website may not have been updated. We won’t know the fate of HB 2389 until Monday. We’re keeping our hopes up and will let you know more after the weekend.
Meanwhile, HB 2626, a law-enforcement related bill with a pro-rights provision on open-carry, is sitting on the Governor’s desk. Now that the Legislature has adjourned, she has 10 days, instead of the usual 5 days, to make her decision. We’ll let you know the fate of HB 2626.
We now have about 6 months to get ready for the next legislative session. AzCDL is already working on proposed language for next year’s bills. With the NRA annual convention coming to Phoenix next year, expect greater participation from the NRA in the 2009 legislative process. Next year has the potential for being a banner year.
However, next year’s success depends heavily on the outcome of the local September primary and November general elections. As we mentioned before, the Arizona House of Representatives is poised to become controlled by an anti-rights majority, unless we all show up and vote. Don’t let your possible ambivalence towards your choices in the Presidential election keep you at home on Election Day. Don’t throw away the potential for 2009 to see major inroads at restoring our rights. Vote!
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June 27, 2008
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Vehicle Carry sent to Governor!
The pressure YOU applied to the House and Senate was successful – and just in the nick of time. We expect the Legislature to end this year’s session tonight.
HB 2389, the AzCDL-requested bill that clarifies that it is permissible to carry a weapon, with or without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit, was sent to the Governor a short time ago.
This was a real nail-biter. HB 2389 had passed both the House and Senate, but, because of amendments added in the Senate, it needed to go through a conference committee where the differences could be worked out. The House had assigned conferees, but not the Senate. Thanks to the pressure YOU put on the Senate Leadership last week, Senate conferees were finally assigned, a meeting was held, the differences ironed out, and HB 2389 passed out of committee. Over the last two days, again thanks to your letters and calls, HB 2389 passed the final votes in both the House and Senate, and was sent to the Governor’s desk.
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June 26, 2008
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Supreme Court affirms Second Amendment!
In an historic ruling, the Supreme Court, in the D.C. v. Heller decision, affirmed that the pre-existing individual right of firearms ownership is protected by the Second Amendment.
We’ll let the pundits and experts dissect and spin the minutiae of the decision. A web site to get the latest reviews and opinions on this and other Supreme Courts cases is the SCOTUSblog . Alan Korwin, AzCDL member and author of many books on gun laws is preparing a book on the Heller decision that is expected to be published shortly.
The impact of the Heller decision in Arizona appears to be negligible. The Arizona Constitution has its own version of the Second Amendment in Article 2, Section 26. In DC v. Heller, the Supreme Court upheld virtually all existing Arizona laws and court decisions affecting your right to keep and bear arms. AzCDL deals with the reality of Arizona law. Our focus will continue to be the successful restoration of your rights through the legislative process.
Like many recent Supreme Court decisions, Heller won by a narrow 5-4 majority. The Supreme Court is composed of two factions. Four justices want to impose a Marxist dystopia in America using creative interpretations of the Constitution as a “living document.” Another four justices lean towards reading the Constitution as it was written. In the middle of these two factions is a “wind-sock” justice that blows more left than right. A number of the justices are elderly and some are dealing with serious illnesses. It is certain that whoever the next President is will be appointing at least one replacement Supreme Court justice. Who makes that choice is dependent on how YOU vote this November. If you sit out the election, you are voting FOR a future Supreme Court that might overturn today’s Heller decision. The choice is yours. Choose wisely.
Right now, we urge everyone to celebrate today’s historic Supreme Court decision by exercising your Second Amendment right at a local gun store or shooting range. A right not exercised is a right lost.
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June 26, 2008
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Vehicle Carry needs another push!
We apologize for pulling your attention away from today’s D.C. v. Heller victory (an Alert is in the works), but your activism is needed on an important pro-rights bill, HB 2389, at the Arizona Legislature.
HB 2389 is the AzCDL-requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.
HB 2389 has passed both the House and Senate but, because of amendments added in the Senate, it needed to go through a conference committee where the differences could be worked out. The House had assigned conferees, but not the Senate. Thanks to the pressure YOU put on the Senate Leadership last week, Senate conferees were finally assigned, a meeting was held, the differences were ironed out, and HB 2389 passed out of committee.
Before being sent to the governor, HB 2389 must now pass a final vote in both the House and Senate. The 2008 Legislative session is expected to end any day now. Unless HB 2389 gets through a final vote in both chambers, it is dead for the year. We need to once again remind the Legislature and their leadership to do the right thing.
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June 20, 2008
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Vehicle Carry needs your help!.
Remember HB 2389, the AzCDL-requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit?
HB 2389 passed out of the Senate Third Read on Monday, May 19, 2008. Prior to that it, in the Senate Committee of the Whole (COW), Senators Waring, Cheuvront and O’Halleran amended HB 2389 with language that didn’t alter HB 2389, but advanced the Senators’ issues.
Because the original House version of HB 2389 differs from the version passed by the Senate, it must go through a conference committee where the differences can be worked out. The House has assigned conferees, but the Senate has not. The Legislative session is about to end, and unless HB 2389 gets a conference committee hearing soon, it will die a quiet death despite passing in both chambers of the Legislature.
It’s time to encourage Senator Tim Bee, the Senate President, to assign Senators to the HB 2389 conference committee so that it will get to the Governor’s desk before the session ends. Senator Bee can be reached at (602) 926-5683. His e-mail address is tbee@azleg.gov.
Please take the time to send a polite note to Senator Bee encouraging him to assign Senate conferees to HB 2389.
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June 18, 2008
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Arizona rejects “REAL ID Act”
Taking many by surprise, on Tuesday, June 17, 2008, Governor Napolitano, normally a proponent of a large and intrusive government, signed HB 2677, which prohibits the implementation of the Federal “REAL ID” Act in Arizona. HB 2677, sponsored by Rep. Judy Burgess (R- LD4), passed by veto-proof margins in both the House and Senate.
HB 2677 adds a new section to Title 28, Chapter 2 of the Arizona Revised Statutes that says: “This State shall not participate in the implementation of the REAL ID Act of 2005 (P.L. 109-13, Division B; 119 Stat. 302). The Department shall not implement the REAL ID Act of 2005 and shall report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of the REAL ID Act of 2005 through the operations of the United States Department of Homeland Security.”
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June 13, 2008
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CCW restored rights bill signed by Governor!
HB 2634, the AzCDL-requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, was signed by the Governor on Thursday, June 12, 2008.
HB 2634 changes ARS 13-3112 regarding the process for obtaining a concealed weapons permit. It provides that if an applicant has ever been convicted of a felony, they may apply for a permit if the conviction has been vacated or if their rights have been restored, provided that they are not currently a prohibited possessor under state or federal law.
DPS has interpreted the current statutory language in the strictest possible manner, in order to deny permits to people convicted of minor felony offenses decades ago, people who have since demonstrated no tendency towards criminal behavior. Many of these people are allowed to purchase and posses firearms under federal law (some are even federally licensed firearms dealers), and carry them openly under Arizona law, yet they cannot get a CCW permit due to DPS' strict interpretation of existing statutory law. HB 2634 allows these people the same protection under the law that every other citizen receives.
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June 10, 2008
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Governor signs CCW Reform bill!
SB 1070, the AzCDL-requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, was signed by the Governor on Tuesday, June 10, 2008.
SB 1070 makes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons permit. It provides that if an applicant has adequate documentation that they satisfactorily completed the required firearms safety training, they have met the training requirement for a permit. Current law (ARS 13-3112.E.6) does not place any time limit on when a person must complete training. However, the Department of Public Safety (DPS) has established arbitrary dates for training validation. In 2007, DPS stated that training must occur within 12 months of an application. Prior to 2007, DPS set this period to be only 6 months. Once a person has obtained a permit, the initial training is good as long as a permit holder submits timely renewals. The language in SB 1070 recognizes that the training has no expiration date, and aligns the initial permit requirements with the permit renewal requirements.
When SB 1070 becomes law later this year, and you are one of the many gun owners who let their CCW permits expire because of the onerous pre-2006 renewal requirements (eliminated thanks to AzCDL requested bills), you will be able to renew your expired permit without having to start over, as long as you still have your expired permit or can show proof that you completed training with the last 5 years. The same law applies to those who took their CCW training within the last 5 years but never followed through to obtain a permit.
SB 1070 also codifies a DPS Administrative Rule that National Rifle Association (NRA) certified instructors meet the eligibility requirements for DPS certification. It allows that training can be conducted by NRA certified pistol and personal protection instructors, as well as DPS certified instructors.
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June 9, 2008
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CCW restored rights bill sent to Governor
HB 2634, the AzCDL-requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, passed out of the House Final Read on June 9, 2008 by a vote of 39-16, with 5 not voting, and has been sent to the Governor.
Unfortunately, it seems that politics may have trumped justice during this vote. HB 2634 passed out of the House Third Read by a unanimous vote on March 19, 2008. Sixteen Representatives changed their votes during Final Read, including the two Democrat co-sponsors of HB 2634, Representatives Kyrsten Sinema and Chad Campbell.
If your Representatives voted against HB 2634, please take the time to voice your displeasure, and remind them it could affect how you vote in November.
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June 4, 2008
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CCW Reform bill goes to Governor
SB 1070, the AzCDL-requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, passed out of the House Final Read on June 4, 2008 by a vote of 26-1 with 3 Senators not voting, and was sent to the Governor.
HB 2634, the AzCDL-requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, was scheduled to be voted on in the House Final Read on June 4, 2008 but they adjourned early. It will most likely be rescheduled for a vote next week.
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May 21, 2008
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Pro-rights gem found in LEO bill
HB 2626, a bill sponsored by Representative Russell Pearce, has been winding its way through the legislature and is expected to be heard in the Senate Committee of the Whole (COW) this week. On the surface, HB 2626 is a bill that allows a sheriff to authorize posse volunteers and reserve officers with firearms training to carry a deadly weapon without a CCW permit. It also excludes individuals who have completed peace officer training from the CCW permit training requirements.
While AzCDL has been neutral on the overall bill, buried in HB 2626 is AzCDL supported language that clarifies Arizona’s “open carry” statute. Due to 1994 Appellate court interpretations, whether a person is legally carrying openly is completely subjective, based largely on the location of the observer. Rep. Pearce’s bill rewrites the language to define an openly carried weapon as one carried in “a manner where any portion of the weapon or a holster in which the weapon is carried is visible.”
Please take the time to send a polite note to your Senator urging them to vote for the passage of HB 2626 during the Senate COW debate and in the Third Read vote.
Be sure to include your name, address, and phone number in all correspondence.
Unfortunately, on Tuesday, May 27, 2008, the Governor vetoed both Senator Chuck Gray’s optional lifetime CCW permit bill, SB 1106, and the AzCDL requested Defensive Display bill, HB 2629.
In her veto letter for SB 1106, she compared CCW permit holders to food handlers, and categorized a lifetime permit as the equivalent of food poisoning.
In HB 2629, Governor Napolitano sees the ability to use less than lethal force to diffuse a dangerous situation as a risk to public safety, and inferred it would be an excuse for law-abiding gun owners to end verbal disagreements by whipping out their firearms. This sounds very similar to the unfounded “blood in the streets” hysteria when CCW laws were introduced back in 1994.
With her vetoes, the Governor is exposing her true feelings about trusting YOU with a weapon. We encourage you to contact the Governor, and politely express your dismay at her vetoes of HB 2629 and SB 1106.
The Governor’s email address is azgov@az.gov. You can also fax a letter to her at 602-542-1381.
Or you can mail it to her at the following address:
The Honorable Janet Napolitano
Governor of Arizona
1700 West Washington
Phoenix, Arizona 85007
You can also call her office, toll free, at 1-800-253-0883.
You can post comments at the Governor’s website, where you will find a fill-in-the-blanks form to register your opinion. For "subject", scroll down and select "Legislation." For "topic", fill in “HB 2629” or “SB 1106.” Please post separate comments for each bill.
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May 21, 2008
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“Defensive Display” sent to Governor
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, passed the House Final Read on Wednesday, May 21, 2008, by a vote of 34-26, and was transmitted to the Governor.
Meanwhile, back in the Legislature, the House recovered from Tuesday’s legislative shenanigans, and engaged in bipartisan voting.
SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, passed handily by 43-17 in a reconsideration vote, after being defeated in Tuesday’s vote.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, also recovered from Tuesday’s defeat, and passed by 35-25 in a reconsideration vote.
Both bills will now go back to the Senate for concurrence and a Final Read vote.
Over in the Senate, HB 2634, the AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, passed out of the Senate Third Read on Wednesday, May 21, 2008, by a vote of 18-7 with 5 Senators not voting. HB 2634 now goes back to the House for concurrence and a Final Read vote.
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May 20, 2008
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Pro-rights bills jeopardized!
It all started when a handful of Republican Representatives were absent during the House Third Read votes on Tuesday, May 20, 2008. Just enough were absent to erase the slim Republican majority in the House. Democrats flexed their muscles, and bills started going down in flames. Caught in this power struggle were two AzCDL supported, pro-rights bills – SB 1070 and SB 1106.
SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, and SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, both failed to pass during Third Read. Support vanished from virtually all the Democrats who had previously indicated they would vote for them. To avoid an irreparable loss, some quick thinking Republicans switched their votes to set up a motion for a reconsideration vote. Both bills are now on the House Third Read calendar for Wednesday, May 21, 2008. This is their last chance for passage in the House. Hopefully tomorrow clearer heads will prevail, absent members will show up, and SB 1070 and SB 1106 will pass with the bipartisan majorities we had expected.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, was also scheduled for the House Final Read on Tuesday, May 20, 2008, but, fortunately, was pulled from the calendar. It will be rescheduled. HB 2629 passed the House Third Read by a 33-26 vote (1 Representative not voting) on March 19, 2008, and the Senate Third Read by a 19-7 vote (4 Senators not voting) on May 12, 2008. If HB 2629 passes the House Final Read, it will be sent to the Governor.
Beware! The slim pro-rights majority in the House may disappear this Fall unless YOU vote in local elections. The scenario that happened today on the House floor will be the rule, not the exception. Pro-rights bills will be killed in committees and rights crushing bills like HB 2833, a stealth ammo ban which was dead on arrival this year, would be zipping through the Legislature and heading to the Governor for her signature.
House Caucus committees have passed HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit, with a recommendation that it be sent to a Conference committee, where differences between the original House version and the amended Senate version can be worked out.
Meanwhile HB 2634, the AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, passed out of the Senate Committee of the Whole (COW) on Tuesday, May 20, 2008 and is now on the Senate Third Read calendar for Wednesday, May 21, 2008.
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May 19, 2008
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Pro-rights bills on the move!
HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit, passed out of the Senate Third Read on Monday, May 19, 2008, by a 17-9 vote with 4 Senators not voting. AzCDL is working with the sponsor to get HB 2389 into a Conference Committee, where the differences between the original House version and the amended Senate version can be worked out, and the language from HB 2634 removed.
Meanwhile HB 2634, the AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, is scheduled for debate in the Senate Committee of the Whole (COW) on Tuesday, May 20, 2008.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, has been scheduled for the House Final Read on Tuesday, May 20, 2008. HB 2629 passed the House Third Read by a 32-26 vote (1 Representative not voting) on March 19, 2008, and the Senate Third Read by a 19-7 vote (4 Senators not voting) on May 12, 2008. If HB 2629 passes the House Final Read, it will be sent to the Governor.
We have more good news! SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, and SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, both passed out of the House COW on Monday, May 19, 2008. During the House COW debate, SB 1070 was amended, at the request of AZ DPS and the Arizona State Rifle and Pistol Association (ASRPA), to restore the language in the current statute requiring CCW instructors to create a training organization, and to make other technical changes.
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May 15, 2008
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Pro-rights bills sabotaged?
The pressure you put on the Rules committees last week had an impact! The log jam has broken, and AzCDL requested and supported pro-rights bills are finally moving towards floor votes in the House and Senate.
HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit, passed out of the Senate Committee of the Whole (COW) on Tuesday, May 13, 2008. However, amendments were added during the COW debate, by Senators Cheverount, O’Halleran and Waring, which did not alter the existing language of HB 2389, but advanced their issues. You can read each amendment here:
Cheverount Amendment
O’Halleran Amendment
Waring Amendment
Unfortunately, without informing AzCDL or either bill’s prime sponsor, Senator Waring included the language of HB 2634 (Rep. Murphy’s bill that allows former felons whose right to bear arms have been restored to obtain a CCW permit. See page 19, lines 23-25 of Senator Waring’s amendment). Adding this language could effectively kill both bills at the same time if the Governor should veto HB 2389. AzCDL must now try to get HB 2389 into a Conference Committee, where the differences between the original House version and the amended Senate version can be worked out in favor of law-abiding gun owner’s rights. We must also now ensure that HB 2634 continues to move through the process, and that no excuses are used that “the bill has already been debated”, since it has not been, as apparently no one was aware of this maneuver but Senator Waring.
Meanwhile HB 2634, the original AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, finally passed out of the Senate Rules Committee on May 12, 2008. Next stop is Senate COW, assuming that Senate leadership is still willing to hear the bill on the floor. Its fate could be dependent on removing the same language from the amended HB 2389.
We do have some good news! SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one, and SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, both passed out of the House Rules Committee on May 13, 2008. From here they move on to the House COW.
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May 12, 2008
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“Defensive Display” passes in Senate!
Your emails, letters and phone calls worked again! HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, passed in the Senate Third Read on Monday, May 12, 2008 by a vote of 19-7 with 4 Senators not voting. From here, HB 2629 will go back to the House for concurrence before being sent to the Governor.
We have some other good news. HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, has finally moved out of the Senate Rules Committee (thanks to YOUR pressure). The next steps are debate in the Senate Committee of the Whole (COW) followed by a formal vote in Third Read.
Meanwhile, HB 2389, an AzCDL requested bill decriminalizing carrying weapons in vehicles without a CCW permit, has been scheduled for debate in the Senate COW on Tuesday, May 13, 2008.
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May 9, 2008
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Legislative update
The legislative session is in overtime, and many of the remaining AzCDL requested and supported pro-rights bills are in a holding pattern in the Rules Committees in both the House and Senate. All bills must pass through the Rules Committee in each chamber, which determines if proposed legislation is constitutional and in proper form.
The House Rules Committee, which has not held a meeting since April 22nd, has yet to hear the following Senate bills:
SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit.
Over in the Senate, HB 2389 finally moved out of the Senate Rules Committee on May 5th. Its next stop is the Senate Committee of the Whole, probably next week. HB 2389 is an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.
The Senate Rules Committee has still not heard HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit. Sen. Tibshraeny, the Rules committee Chairman, has told our lobbyists that he will hear the bill on the next agenda.
On a more positive note, HB 2629 was heard in the Senate Committee of the Whole on April 30, 2008 and is waiting to be scheduled for a formal vote by the full Senate. HB 2629 is an AzCDL requested bill that clarifies when a defensive display of a firearm is justified.
The pressure you put on the Rules committees last week had an impact! AzCDL’s full-time volunteer lobbyists are at the Capitol, tirelessly working to get these important bills through the legislature and to the Governor. Stay tuned!
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May 2, 2008
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Bills held in Rules Committees
There are a number of important pro-rights bills that have been assigned to the Rules Committees in both the House and Senate that have not been scheduled for hearings and time is running out. All bills must pass through the Rules Committee in each chamber, which determines if proposed legislation is constitutional and in proper form.
The House Rules Committee has yet to hear the following Senate bills:
SB 1070, an AzCDL requested bill that makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit.
The Senate Rules Committee has yet to hear the following House bills:
HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit.
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April 30, 2008
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Governor vetoes Petty Offense bill and says “Get a permit!”
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, was vetoed by the Governor on April 29, 2008.
HB 2630 would have reclassified carrying a concealed weapon 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 offense, in which case it would have remained 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 (CCW) permit, it is a class 1 misdemeanor to carry a concealed weapon. Everyone is treated like a 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.
In her veto letter on HB 2630, Governor Napolitano says “obtain the required permit.” She then says that “people who fail to do so are, by definition, lawbreakers….” 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 intentionally 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 at you, and you don’t have a CCW permit – you are the same as a gang member. If you have a CCW 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, and you don’t have a CCW permit – you are the same as a gang member.
Governor Napolitano says that “…law enforcement officers must have the full array of enforcement options to use against these violators…” In other words, arrest everyone and let the courts sort it out. That sure beats separating the bad guys from the good guys.
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 not relevant - you better get a permit if your weapon might ever be considered concealed, or else you’re a lawbreaker!
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April 24, 2008
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“Petty Offense” bill sent to Governor
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, passed the Senate Final Read on April 23, 2008, by a vote of 17-10 with 3 Senators not voting. It was transmitted to the Governor on April 24, 2008. HB 2630 passed the House on March 8, 2008 by a vote of 36-24.
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April 23, 2008
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“Defensive Display” in Senate COW
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, is scheduled to be debated in the Senate Committee of the Whole (COW) on Thursday, April 30, 2008.
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April 22, 2008
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Senate to vote on “Petty Offense” this week
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), passed in the Senate Committee of the Whole (COW) on Wednesday, April 17, 2008. We are expecting the Senate to formally vote (Third Read) on HB 2630 this week. HB 2630 has already passed in the House. If the Senate passes HB 2630, it will then be sent to the Governor’s desk.
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April 15, 2008
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“Petty Offense” bill in Senate COW 4/16/08
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), will be heard in the Senate Committee of the Whole (COW) on Wednesday, April 16, 2008.
If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense.
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April 8, 2008
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AzCDL bills pass in committee but Campus Carry stalls
On Monday, April 7, 2008, the Senate Judiciary Committee heard and passed the following important pro-rights bills that originated in the House:
HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit. HB 2389 passed by a 4-2 vote with one member not voting.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified. HB 2629 passed by a 3-1 vote with 3 members not voting.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit. HB 2634 passed by a 4-1 vote with 2 members not voting.
HB 2660, a bill that AzCDL opposes, failed in the same committee by a 2-4 vote with 1 member not voting. Despite the undoubtedly good intentions of its sponsor, the bill is essentially a trial lawyer’s welfare act that allows victims of crimes to reach into the deep pockets of third parties that may have “contributed” to their assailant’s behavior. The examples the bill’s proponents use are “how to” videos for abduction and rape. However, the same standard could be applied to a firearms training course, video, book, “blog”, etc.
Also in the Senate, HB 2630, another AzCDL requested bill, has passed through the various Senate committees and the majority and minority caucuses. From there it will go to COW and Third Read, and unless changes are made, head to the Governor’s desk. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense. We will alert you when the bill is scheduled for debate on the Senate floor.
Unfortunately, not all the news coming from the Senate is good. SB 1214, AzCDL’s requested “Campus Carry” bill, was not put on the agenda for the Senate Committee of the Whole (COW) before this session’s deadline. That means SB 1214 is dead this year. However, Campus Carry is getting national attention, and is gaining momentum and support in other states. The issue is not going away in Arizona simply because it stalled in this session. It will be back, and we will be there to push it!
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April 4, 2008
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Last Chance for Campus Carry
We were expecting SB 1214, an AzCDL requested bill that would allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property, to be debated in the Senate Committee of the Whole (COW) on Thursday, April 3, 2008. However, the Senate Republican leadership kept the bill off the calendar because the votes weren’t there to ensure passage, even with the amendment that added storage requirements and an additional skills test for campus carry permit holders.
Our last opportunity to get SB 1214 heard in the Senate COW will be Monday, April 7, 2008. If it doesn’t get heard then, it is dead for this session. AzCDL’s full-time, volunteer lobbyists, Dave Kopp (President) and John Wentling (Vice-President), are haunting the Senate hallways, meeting with every Senator they can find, and counting votes. They found some Democrat Senators who may be willing to vote for SB 1214, along with a couple of their colleagues that could use a little prodding. But, sadly, the key hold-outs are a handful of Republicans. It’s time to let them know that we’re not going to let them hide when it comes to the safety of students.
The following Senators especially need to hear from you:
Senator Carolyn Allen
Senator Allen has indicated her opposition to SB 1214 from the beginning.
Senator Jake Flake
We’re learning that Senator Flake doesn’t want to support SB 1214.
Senator John Huppenthal
Senator Huppenthal has indicated that he will not support SB 1214.
Senator Tom O’Halleran
The amendment was crafted to appease Senator O’Halleran. He now has his amendment, but should still be reminded to vote for SB 1214.
Senator Rebecca Rios
A typically pro-gun Democrat, who, unlike many of her colleagues, might actually be persuaded to vote for SB 1214.
Senator Victor Soltero
Another Democrat who could be nudged with the right approach.
Senator Jay Tibshraeny
We’re hearing that Senator Tibshraeny won’t support SB 1214.
We strongly encourage you to contact these Senators and let them know you expect them to vote for SB 1214 in the Senate COW and during Third Read. If they represent your district, be sure to remind them how their abandonment of SB 1214 will affect your vote when they are up for reelection.
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April 3, 2008
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AzCDL requested bills to be heard in Senate committee
On Monday, April 7, 2008, the Senate Judiciary Committee will hear the following important pro-rights bills that originated in the House:
HB 2389, an AzCDL requested bill that clarifies that it is permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit.
In other news, SB 1132, Senator Harper’s “Restaurant Carry” bill, passed out of the Senate on April 3, 2008, by a vote of 18-10 with 2 members not voting, and has been transmitted to the House. SB 1132 would permit the carrying of firearms in certain restaurants provided signs are posted permitting firearms and the person possessing the firearm does not consume alcohol.
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April 2, 2008
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Campus Carry to finally be heard by full Senate
The tremendous pressure YOU have been putting on the Senate is having an impact! We are expecting SB 1214, an AzCDL requested bill, to be debated in the Senate Committee of the Whole (COW), and hopefully voted on in Third Read, this Thursday, April 3, 2008. This is the last chance for SB 1214 to be heard in the Senate this session. AzCDL has been working with the sponsor, Senator Karen Johnson, behind the scenes to get the needed votes. An amendment has been crafted, and will be proposed during the COW session, to assuage the concerns of the holdouts and fence sitters.
SB 1214 would restore the right of adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property. The proposed amendment would require an additional skills test for CCW permit holders who choose to carry inside school buildings. It also allows colleges and universities to establish storage policies for weapons that are not in the possession of the permit holder. While AzCDL does not endorse these additional restrictions, without them Campus Carry has no chance in this legislature. And, like all other laws, nothing is cast in concrete. As we’ve proven in the past, restrictions can be eased when the predicted “blood in the streets” scenarios fail to materialize.
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March 28, 2008
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Legislation update
HB 2630, an AzCDL requested bill, was heard in the Senate Judiciary Committee on March 24, 2008, and passed by a partisan 4-3 vote. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense. It now awaits a hearing in the Senate Rules committee.
SB 1070, an AzCDL requested bill, was heard on March 26, 2008 in the House Natural Resources and Public Safety Committee, where it passed by a 9-0 vote with one member absent. SB 1070 proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons (CCW) permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, is scheduled for a hearing in House Homeland Security and Property Rights Committee on Monday, March 31, 2008.
SB 1214, an AzCDL requested bill that would allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property, won’t be scheduled for debate in the Senate COW until the Senate leadership knows that the votes are in place. Senator Johnson is working on a possible amendment to SB 1214 to address the concerns of those Senators who are reluctant to support her bill.
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March 25, 2008
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Pro-rights bills update
A number of pro-rights bills have made it half way through the legislature, passed over to the other chamber, and are assigned to new committees.
HB 2389, an AzCDL requested bill decriminalizing carrying weapons in vehicles without a CCW permit, was transmitted to the Senate on March 11, 2008 and assigned to the Senate Judiciary Committee, but has not yet been scheduled for a hearing.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, was transmitted to the Senate on March 20, 2008 and assigned to the Senate Judiciary Committee, but has not yet been scheduled for a hearing.
HB 2630, an AzCDL requested bill, was transmitted to the Senate on March 4, 2008. It was heard in the Senate Judiciary Committee on the March 24, 2008 and passed by a partisan 4-3 vote. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, was transmitted to the Senate on March 20, 2008 and assigned to the Senate Judiciary Committee, but has not yet been scheduled for a hearing.
SB 1070, an AzCDL requested bill, was transmitted to the House on March 20, 2008. It has been assigned to both the House Natural Resources and Public Safety Committee and House Judiciary Committee. It is on the House Natural Resources and Public Safety Committee agenda for Wednesday, March 26, 2008. SB 1070 proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons (CCW) permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, was transmitted to the House on March 12, 2008 and assigned to both the House Homeland Security and Property Rights Committee and House Judiciary Committee. It is scheduled for a hearing in House Judiciary Committee on Thursday, March 27, 2008.
SB 1214, an AzCDL requested bill that would allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property, won’t be scheduled for debate in the Senate COW until the sponsor, Senator Karen Johnson, knows that the votes are in place. At this point, the votes aren’t there. As we mentioned before, some Republican Senators appear to have aligned themselves with the Democrats in the Senate, who are more concerned about the media and certain special interest groups than they are about the safety of students.
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March 20, 2008
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AzCDL bills in committee
A couple of AzCDL requested bills have made it half way through the legislature, passed over to the other chamber, and are now scheduled for new committee hearings.
HB 2630 is on the Senate Judiciary Committee agenda for Monday, March 24, 2008. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense. Under current law, if you have not been issued a concealed weapons (CCW) permit, it is a class 1 misdemeanor to carry a concealed weapon.
SB 1070 is on the House Natural Resources and Public Safety Committee agenda for Wednesday, March 26, 2008. SB 1070 proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons (CCW) permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
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March 19, 2008
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Campus Carry in Danger!
We were expecting SB 1214, an AzCDL requested bill that would allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property, to be debated in the Senate Committee of the Whole (COW) this week. But, now we’re learning that some Republican Senators are refusing to support SB 1214. Without their support, SB 1214 has no chance for passage. The following Republican Senators appear to have aligned themselves with the Democrats in the Senate, who are more concerned about the media and certain special interest groups than they are about the safety of students:
Senator Carolyn Allen
Senator John Huppenthal
Senator Tom O’Halleran
Senator Jay Tibshraeny
We strongly encourage you to contact these Senators, along with your own Senator, and let them know you expect them to vote for SB 1214 in the Senate COW and during Third Read.
If Senators Allen, Huppenthal, O’Halleran or Tibshraeny represent your district, be sure to remind them how their abandonment of SB 1214 will affect your vote when they are up for reelection.
The Senate has already been deluged with cut-and-paste letters on SB 1214. This is the time to use personalized letters. In addition to the language we provided in prior alerts, we recommend you read the arguments supporting SB 1214, by AzCDL member Joe Walker, in his outstanding opinion piece in the Sierra Vista Herald dated March 16, 2008.
This is where the rubber meets the road. If we can’t convince at least one of these Senators to support SB 1214, the bill is dead. Your letters have changed minds and votes in the past. There is every reason to believe that together we can do it again. The time for action is now!
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March 12, 2008
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Vehicle Carry bill passes in House
HB 2389, an AzCDL requested bill decriminalizing carrying weapons in vehicles without a CCW permit, passed the House Third Read on Tuesday, March 11, 2008 by a vote of 37-22, with one member not voting. The proposed language in HB 2389 clarifies that it permissible to carry a weapon, without a CCW permit, visibly or concealed, anywhere within a means of transportation, excluding public transit. From here, HB 2389 will be transmitted to the Senate where we will continue to fight for its passage.
Also in the House, HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, is on the agenda for the House Committee of the Whole (COW) for Thursday, March 13, 2008.
On the Senate side, two CCW reform bills passed out of the Senate COW on Thursday, March 11, 2008.
SB 1070 is an AzCDL requested bill that proposes changes to ARS 13-3112 regarding the process for obtaining a CCW permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
SB 1106, Senator Chuck Gray's bill that provides for an optional lifetime CCW permit, is now scheduled for a vote in the Senate Third Read on Wednesday, March 12, 2008.
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March 7, 2008
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School Carry to be heard by full Senate.
We are expecting SB 1214, an AzCDL requested bill, to be debated in the Senate Committee of the Whole (COW), and possibly voted on in Third Read, the week of March 10-14, 2008.
SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on public college and university property. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows CCW permit holders to possess firearms on school property.
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March 5, 2008
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CCW reform bills in Senate COW 3/6/08
Two CCW reform bills will be heard in the Senate Committee of the Whole (COW) on Thursday, March 6, 2008.
SB 1070 is an AzCDL requested bill that proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons (CCW) permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
SB 1106 is Senator Chuck Gray’s bill that provides for an optional lifetime CCW permit while capping permit fees at $99.
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March 4, 2008
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“Petty Offense” bill passes in House
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), passed the House Third Read on Tuesday, March 4, 2008 by a vote of 36-24.
From here, HB 2630 will be transmitted to the Senate where we will continue to fight for its passage.
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March 3, 2008
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Pro-rights bills scheduled for House vote 3/4/08
The House of Representatives is just now posting their “Third Read” calendar for Tuesday, March 4, 2008. Third Read is the last vote before bills are sent to the Senate.
HB 2630, an AzCDL requested, is on the Third Read calendar for March 4, 2008. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense.
Another bill we are expecting to see on the Third Read agenda is HB 2389, an AzCDL requested bill decriminalizing carrying weapons in vehicles without a CCW permit. HB 2389 passed out of the House Committee of the Whole (COW) on Monday, February 25, 2008. An amendment was added in the House COW that clarified that “misconduct with weapons” does not apply to a person carrying a weapon (without a CCW permit) “in or on a means of transportation, excluding any public transit.”
In other news, we have learned that HB 2634 will be on an upcoming House COW agenda. The COW is where bills are debated before going to Third Read. HB 2634 is an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit.
We have learned that Representative Steve Gallardo (D-13) will propose an amendment, during COW, on HB 2634. Representative Gallardo has a reputation for trying to attach poisoning anti-rights amendments on pro-rights bills, while making speeches demonizing gun ownership. He is also the sponsor of freedom crushing bills like HB 2429, HB 2430 and HB 2431.
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March 1, 2008
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Bills heading for Floor votes
There are a number of bills that will soon be voted on by the full House (Third Read) before moving over to the Senate.
HB 2389, an AzCDL requested bill removing the reference to vehicles in ARS 13-3102 (misconduct involving weapons), passed out of the House Committee of the Whole (COW) on Monday, February 25, 2008. An amendment was added in the House COW that further clarified that “misconduct with weapons” does not apply to a person carrying a weapon (without a CCW permit) “in or on a means of transportation, excluding any public transit.”
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, passed out of the House Judiciary Committee on Thursday, February 21, 2008. It is currently in the House Rules Committee pending an amendment making a technical language correction. From there it goes to the House COW.
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, passed out of the House COW on Monday, February 25, 2008. If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, passed out of the House Judiciary Committee on Thursday, February 21, 2008. It must be heard in the House COW before being formally voted on in the House Third Read.
In other news, HCR 2037, which would add a right to hunt and fish to the Arizona Constitution, was scheduled to be heard in the House Natural Resources and Public Safety Committee on Wednesday, February 20, 2008. It was rescheduled for Thursday, February 27, 2008 but has been held again for a later hearing.
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February 25, 2008
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School Carry passes in Senate committee
SB 1214, an AzCDL requested bill, passed out of the Senate Judiciary Committee on Monday, February 25, 2008, by a narrow 4-3 partisan vote. An amendment that narrowed the scope of SB 1214 to public colleges or universities was also approved by the committee.
SB 1214, as amended, proposes an exception to ARS 13-3102 (misconduct with weapons) for adults with CCW permits to carry concealed firearms on the grounds of public colleges and universities. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows permit holders to possess firearms on school property.
In other news, also on Monday February 25, 2008, the following important bills were voted out of the House Committee of the Whole (COW) with “do pass” recommendations for the House “Third Read.”
HB 2389 - An AzCDL requested bill removing the violations in ARS 13-3102 (misconduct with weapons), relative to the prohibitions for carrying a concealed weapon without a permit in vehicles. An amendment was passed in the House COW that further clarified that “misconduct with weapons” does not apply to a person carrying a weapon (without a CCW permit) “in or on a means of transportation, excluding any public transit.”
HB 2630 – An AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime).
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February 22, 2008
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School Carry amendments proposed
SB 1214, an AzCDL requested bill, was heard in the Senate Judiciary Committee on Monday, February 18, 2008, but no vote was taken. It is now on the committee’s agenda for Monday, February 25, 2008.
SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on school campuses, including colleges and universities. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows CCW permit holders to possess firearms on school property.
Two amendments, one from Senator Johnson and the other from Senator Gray, have just been posted that make technical corrections to the language of SB 1214.
Senator Karen Johnson’s proposed amendment also removes K-12 schools from the scope of SB 1214 and limits it to public colleges or universities. Senator Johnson is the primary sponsor of SB 1214.
Senator Chuck Gray’s proposed amendment preserves the right to carry in both public and nonpublic K-12 schools, along with colleges and universities. Senator Gray is the Chairman of the Senate Judiciary Committee where the bill will be heard on February 25, 2008.
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February 21, 2008
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Bills in committees – Status Report
SB 1214, an AzCDL requested bill, was heard in the Senate Judiciary Committee on Monday, February 18, 2008, but no vote was taken. It is now on the committee’s agenda for Monday, February 25, 2008. SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on school campuses, including colleges and universities.
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), was schedule to be heard in the House Committee of the Whole (COW) on Thursday, February 21, 2008. It has been rescheduled for Monday, February 25, 2008.
HB 2389, an AzCDL requested bill removing the reference to vehicles in ARS 13-3102 (misconduct involving weapons), was also scheduled to be heard in the House Committee of the Whole (COW) on Thursday, February 21, 2008. It too has been rescheduled for Monday, February 25, 2008.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, was heard in the House Judiciary Committee on Thursday, February 21, 2008. It passed out of committee with a “do pass” recommendation by a vote of 5-4 with one member absent.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, was heard in the House Judiciary Committee on Thursday, February 21, 2008. It passed out of committee with a “do pass” recommendation by a vote of 6-2 with two committee members absent.
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February 20, 2008
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“Petty Offense” bill in House COW 2/21/08
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), will be heard in the House Committee of the Whole (COW) on Thursday, February 21, 2008.
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February 19, 2008
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School Carry update
SB 1214, an AzCDL requested bill, was heard in the Senate Judiciary Committee on Monday, February 18, 2008.
SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on school campuses, including colleges and universities. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows CCW permit holders to possess firearms on school property.
The hearing room was packed and testimony on SB 1214 lasted about two hours. After the hoplophobes, professional government lobbyists, and paid shills for the totalitarian groups testified against SB 1214, the media packed up their cameras and note pads and left the room, so don’t expect to see any balanced news stories.
The remainder of the citizen testimony supported SB 1214 and it was outstanding! A number of AzCDL members took the time to testify along with students and teachers who have to survive in our violence ridden government controlled schools, colleges and universities. We deeply appreciate the education professionals who came forth to testify, knowing they were putting their careers at risk for speaking the truth.
Recorded video of the hearing will be available for viewing soon at: 
Unfortunately, since all committee members could not be there for the hearing, a vote was not taken on SB 1214 at this hearing. It will probably occur at the committee’s next meeting on Monday, February 25, 2008.
The position (for or against) of everyone who logged onto to Request To Speak (RTS) system was read into the committee minutes. RTS was heavily used by the opponents of SB 1214 and severely under-utilized by the good guys (our side!). We need to change that. You can access RTS from home, once your account has been set up using one of the kiosks at the Capitol. It’s time to show a bigger presence. We urge everyone to set up an RTS account. If you would like our help in setting one up, send an email to President@AzCDL.org.
Other bills that we are monitoring passed out of committees on Monday, February 18, 2008.
SB 1070, an AzCDL requested bill that proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons permit, passed in the Senate Judiciary Committee on Monday, February 18, 2008 with a 5-1-1-0 vote. An amendment was added clarifying the documentation needed to prove you “have ever” completed the required training (e.g., expired CCW permit, etc.).
HB 2464, which adds Community Correctional Officers and Special Investigators to the list of law enforcement positions exempt from most weapons misconduct violations, passed in the House Public Institutions and Retirement Committee on Monday, February 18, 2008 with a 7-1-1-1-0 vote. AzCDL OPPOSES this bill because it exempts these individuals from violations regarding prohibited and defaced weapons.
HB 2737 passed in the House Homeland Security and Property Rights committee on Monday, February 18, 2008 with a 6-2-0-2-0 vote. HB 2737 prohibits rental agreements from requiring tenants to “waive or forego the peaceful exercise of rights guaranteed under Article II, Constitution of Arizona.”
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February 15, 2008
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Bills in committees – Status Report
SB 1070, an AzCDL requested bill that proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons permit, was on the February 11, 2008 agenda for the Senate Judiciary Committee. It has been rescheduled for Monday, February 18, 2008. There will be an amendment offered clarifying the documentation needed to prove you “have ever” completed the required training (e.g., expired CCW permit, etc.).
SB 1214, an AzCDL requested bill that allows adults with CCW permits to carry concealed firearms on school campuses, is still scheduled for a Senate Judiciary Committee hearing on Monday, February 18, 2008. The media is trying to give the impression that there is not a lot of public support for the bill, despite the reality of constituent contact running 3 to 1 in favor of it, from what we're being told. So let's show up in force and show our elected representatives that the media is wrong, as usual. If you need information about attending the hearing, drop a note to President@AzCDL.org.
HB 2389, an AzCDL requested bill that removes the reference to vehicles in ARS 13-3102 (misconduct involving weapons), passed out of the House Judiciary Committee by a 6-4-0 vote.
HB 2464, which adds Community Correctional Officers and Special Investigators to the list of law enforcement positions exempt from most weapons misconduct violations, will be heard in the House Public Institutions and Retirement Committee on Monday, February 18, 2008. AzCDL OPPOSES this bill because it exempts these individuals from violations regarding prohibited and defaced weapons.
HB 2486, a bill adding “undocumented aliens” to the list of prohibited possessors, passed out of the House Judiciary Committee by a 9-0-1 vote.
HB 2628, the bill that contains a number of provisions beneficial to CCW permit holders, has been held due to concerns over some of the language. We will attempt to work with the sponsor to work out the concerns and get the bill heard again.
HB 2629, an AzCDL requested bill that clarifies when a defensive display of a firearm is justified, will be heard in the House Judiciary Committee on Thursday, February 21, 2008. The proposed language clarifies when the defensive display of a firearm is justified and when it is not justified. Specifically it is not justified in the commission or attempted commission of a serious offense or violent crime, or when there is no lawful justification to display a firearm.
HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), passed out of the House Judiciary Committee by a 6-4-0 vote.
HB 2634, an AzCDL requested bill that clarifies that a person with an expunged or set-aside felony conviction, or one who has had their rights restored, may obtain a concealed weapons permit, will also be heard in the House Judiciary Committee on Thursday, February 21, 2008. Because the law has been silent in this area, DPS has refused to issue CCW permits. This bill has 13 co-sponsors, two of which who sit on the House Judiciary Committee: Rep. Steven Yarbrough (R-21) and Rep. Kyrsten Sinema (D-15).
HB 2677, which prohibits the implementation of the REAL ID Act in Arizona, will be heard in the House Government Committee on Tuesday, February 19, 2008.
HB 2737 will be heard in the House Homeland Security and Property Rights Committee on Monday, February 18, 2008. HB 2737 prohibits rental agreements from requiring tenants to “waive or forego the peaceful exercise of rights guaranteed under Article II, Constitution of Arizona.”
HCR 2021 is a proposed amendment to the Arizona Constitution. If passed, a person (the good guy) is not generally liable for damages that a “plaintiff” (the bad guy) incurs while involved in a criminal act. HCR 2021 will be heard in the House Judiciary Committee on Thursday, February 21, 2008.
HCR 2037, which would add a right to hunt and fish to the Arizona Constitution, will be heard in the House Natural Resources and Public Safety Committee on Wednesday, February 20, 2008.
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February 14, 2008
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School Carry bill in committee 2/18/08
SB 1214, an AzCDL requested bill, will be heard in the Senate Judiciary Committee on Monday, February 18, 2008
SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on school campuses, including colleges and universities. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows CCW permit holders to possess firearms on school property. SB 1214 complies with Federal law by removing the current restrictions in ARS 13-3102.
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February 12, 2008
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Ammo Ban bill filed
A bold bill targeting your rights has just been filed under the guise of HB 2833, a back-door attempt to ban ammunition sales in Arizona, right out of the Brady Campaign playbook.
It targets as yet undefined “assault weapon” ammunition, which is Orwellian double-speak for almost every caliber of ammunition now popular. If passed and signed by the Governor, it would be effective in a little over 10 months, on January 1, 2009, effectively halting all ammunition sales in Arizona.
HB 2833 requires all ammunition manufacturers to encode a unique serial number on the base of every bullet and on the inside of every cartridge. The bullet serial number and cartridge casing serial number would have to be identical. Say goodbye to reloads.
Ammunition sales would require recordation (i.e., registration) of the purchaser’s name, driver’s license, date of birth, etc. DPS would be required to maintain a database of ammunition coding and buyers.
Anyone possessing ammunition without serial numbers would be required to dispose of it by January 1, 2011. Would door-to-door search and seizures soon follow? How soon before traffic stops involving a gun owner turn into an arrest for unapproved ammunition? How soon will it be before the State tracks every gun sale so they can send a SWAT team out to “inquire” about your ammunition purchases?
A tax of ½ cent would be added to EVERY ROUND of ammunition sold. A case of ammunition would cost you an extra $5 in tax alone, and this does not factor in the added costs of manufacturing.
Manufactures and vendors would be steeply fined for not complying. With the requirements outlined above, what are the odds of any manufacturer creating “Arizona” ammunition? How about Zip, Nil, Nada, Zero, Zed, Zilch! You can kiss ammunition sales in Arizona goodbye.
With the current alignment in the State Legislature, the chances of HB 2883 getting to the Governor’s desk (who would undoubtedly sign it!) are slim, so no letters are necessary at this time.
However, this is an election year, and the Legislature is poised for a dramatic shift in power to an anti-rights majority, unless YOU get involved in the election process and vote. If the legislature shifts to the other side this November, bills like HB 2833, HB 2358, HB 2429, HB 2430 and HB 2431 will be the law in Arizona. If that happens, those that sat around and did nothing are no different that the rabid supporters of the Brady Campaign. They are, in essence, supporting YOUR disarmament.
Get involved! Make a difference!
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February 9, 2008
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Bills in committees
We have a number of bills being heard in committees next week.
SB 1070 will be heard in the Senate Judiciary Committee on Monday, February 11, 2008. This is an AzCDL requested bill that proposes changes to ARS 13-3112 regarding the process for obtaining a concealed weapons permit. The proposed legislation makes it easier for lawful gun owners who have satisfactorily completed training to obtain a permit, or renew an expired one. It also assists those wishing to obtain a permit by removing the statutory barrier requiring instructors to create a training organization, and expands the pool of available instructors to automatically include certain NRA certified instructors passing the required background investigation.
The following bills will be heard in the House Judiciary Committee on Thursday, February 14, 2008.
HB 2389 is an AzCDL requested bill that removes the reference to vehicles in ARS 13-3102 (misconduct involving weapons). It was scheduled for a hearing on February 7, 2008, but was held by the Committee Chairman, Representative Eddie Farnsworth, after a number of committee members left the hearing to attend to other matters.
HB 2630 is an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense, except in the commission of a crime. The governor vetoed a bill with the same language last year, but we’re not going to roll over. HB 2630 was filed with 21 co-sponsors.
HB 2628 - On the surface, this bill appears to add language dealing with illegal immigrants as prohibited possessors. However, the sponsor, Representative Russell Pearce, added a number of provisions beneficial to CCW permit holders, by changing ARS 13-3102 and adding a new ARS 13-3114.
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February 5, 2008
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Updates on bills
Senator Karen Johnson has filed another pro-rights bill, SB 1400, which says that if any government entity establishes a “gun-free” zone, they are liable for damages resulting from criminal conduct if an individual could have used a firearm in self-defense.
Senator Chuck Gray’s optional lifetime CCW permit bill, SB 1106 was heard in the Senate Judiciary Committee on February 4, 2008. It passed out of committee, with a recommendation for passage by the full Senate, by a 4-1-2 vote. An amendment was added in committee stating that a lifetime CCW permit must be identified as such on the permit.
SCR 1009, the bill banning lobbying by public agencies and local governments, was heard in the Senate Government Committee on February 4, 2008, with no decision made. The bill is being held pending further review.
SB 1132, a weak “Restaurant Carry” bill, was scheduled for a hearing in the Senate Commerce and Economic Development Committee on January 30, 2008. It has been rescheduled for February 6, 2008. Amendments have been proposed to weaken an already weak bill. AzCDL has thus far been unsuccessful in obtaining any significant improvements to SB 1132, and can no longer support it.
HB 2222, Rep. Marian McClure’s bill redefining open carry and clarifying that a person can carry a concealed weapon without a CCW permit on rented and leased property, was held by the House Homeland Security and Property Rights Committee, at the request of the Rep. McClure. There is a possibility that she will amend the bill to deal only with the property rights aspects of carrying on property you own, lease or rent.
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February 4, 2008
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Vehicle Carry Bill in House committee 2/7/08
HB 2389, which removes the reference to vehicles in ARS 13-3102 (misconduct involving weapons), will be heard in the House Judiciary Committee on Thursday, February 7, 2008.
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January 31, 2008
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Lobby Ban bill in Senate committee 2/4/08
SCR 1009 will be heard in the Senate Government committee on Monday, February 4, 2008.
If passed by the Legislature, SCR 1009 would allow voters in November to prohibit the use of public funds (taxpayer money) for lobbying, while safeguarding the ability of public agencies, departments, boards, commission, and political subdivisions to provide expert testimony and information to members of the Legislature.
When AzCDL’s unpaid, volunteer lobbyists give testimony on a pro-rights bill, it’s almost guaranteed that there will be a lobbyist, on the payroll of a law enforcement or prosecutors association, testifying to defeat the same bill. Does that sound fair to you?
You pay taxes that are used to fund a public agency, theoretically for your benefit. However, that agency uses your tax dollars to pay the salary of a lobbyist to work at the Legislature, to ensure they get even more from you in the form of taxes, while whittling away your rights.
The hearing should be quite a spectacle. The livelihood of dozens of lobbyists who feed at the public trough is threatened, along with the ability of agencies and local governments to easily dig deeper into your pockets while stripping away your rights.
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January 31, 2008
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Lifetime CCW bill in Senate committee 2/4/08
SB 1106 will be heard in the Senate Judiciary committee on Monday, February 4, 2008
SB 1106 provides for an optional lifetime CCW permit, and caps permit fees at $99. CCW permits currently expire after 5 years and the Department of Public Safety (DPS) can set fees administratively, without Legislative oversight.
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January 25, 2008
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School Carry bill filed.
An AzCDL requested bill, SB 1214, has been filed by Senator Karen Johnson, along with 9 co-sponsors.
SB 1214 proposes changes to ARS 13-3102 to allow adults with Concealed Weapons (CCW) permits to carry concealed firearms on school campuses, including colleges and universities. Federal law (18 USC § 922(q)(2)(B)(ii)) already allows CCW permit holders to possess firearms on school property.
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January 25, 2008
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Restaurant Carry bill in Senate committee 1/30/08
SB 1132, a “Restaurant Carry” bill, will be heard in the Senate Commerce and Economic Development committee on Wednesday, January 30, 2008.
SB 1132 allows people to carry firearms in certain restaurants serving alcohol, provided signs are posted permitting firearms, and the person possessing the firearm does not consume alcohol.
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January 25, 2008
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Homeland Security Bill in Senate committee 1/28/08
SCR 1007, which creates the Homeland Security Force (HSF) and the Homeland Security Committee, along with rules and procedures to govern the HSF, will be heard in the Senate Government committee on Monday, January 28, 2008.
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January 25, 2008
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Open Carry Bill in House committee 1/28/08
HB 2222, 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 Homeland Security and Property Rights committee on Monday, January 28, 2008.
The current law has several problems. First, open carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." HB 2222 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction. Another problem is the interpretation of the "wholly or partially visible" language in ARS 13-3102.F by a 1994 Appellate court decision, which held it has to be obvious to ordinary observation that you're carrying a weapon. HB 2222 replaces the "wholly or partially visible" language, and refers to "any portion" of a weapon or holster being visible.
HB 2222 also clarifies that a concealed weapons permit is not required to carry concealed in your home, business, or real property owned, leased or rented by you, including in “common areas”. This exemption also applies to carrying concealed in vehicles on your own property as well.
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January 18, 2008
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Pro-rights bills filed!
The 2008 Legislative session is underway and the bills are rolling in. January 17th was the deadline for House members to “pre-file” bills. After that, each member is limited to 7 bills. As a result, a flood of new bills were filled late into the evening. As this was being drafted, 856 bills have been filed. Expect more as the Senate deadline approaches.
AzCDL has been busy culling the good, bad and ugly bills that we are monitoring. You can find the list on our Legislation page.
Now for some really great news! Most of the bills on AzCDL’s wish list have been filed. This wasn’t by accident. We have been working with legislators on proposed legislation ever since the last session ended. Here are some of the key firearm related bills we are aggressively supporting:
HB 2222 – Clarifies the right to carry a concealed weapon, without needing a concealed weapons (CCW) permit, on property, or in vehicles, owned, leased or rented, along with common areas.
HB 2389 – Removes the prohibitions on carrying a concealed weapon, without a permit, anywhere in a vehicle.
HB 2536 – A public or private employer cannot prohibit a person from transporting or storing a firearm in a locked vehicle in a parking area (subject to certain exceptions).
HB 2629 – Clarifies when a defensive display of a firearm is justified. Under current law, a defensive display can be categorized as “endangerment” (ARS 13-1201), “threatening and intimidation” (ARS 13-1202), “assault” (ARS 13-1203), or “aggravated assault” (ARS 13-1204).
HB 2630 – Reduces the penalty for carrying a concealed weapon without a permit to a petty offense, except in the commission of a crime. The Governor vetoed this bill last year, but we’re not going to roll over. This bill was filed with 21 co-sponsors.
HB 2634 – Clarifies that a person with an expunged felony, or who has had their rights restored, may obtain a concealed weapons permit. Because the law has been silent in this area, DPS has refused to issue permits.
HCR 2037 – Adds a right to hunt and fish to the Arizona Constitution.
SB 1070 – CCW reform that clarifies that there are no date restrictions between when a person completes training and applies for a permit; removes the requirement that an instructor be part of a training organization; and allows that training can be conducted by NRA instructors.
SB 1106 – Provides for an optional lifetime CCW permit and caps permit fees.
Another bill that has been filed this year is “Restaurant Carry,” SB 1132. It’s very limited in scope but provides a first step towards addressing the Jim Crow “we don’t serve your kind here” attitude prevalent in Arizona.
But wait! There’s more! Next week we’re expecting a “Campus Carry” bill to be filed. We are also expecting a bill that would require establishments that prohibit weapons to assume liability for your safety.
As you can see, a number of controversial bills have been filed. Many were filed at our request. How far they get through the process of committee hearings and floor votes depends largely on YOU and the pressure YOU put on the legislature through your e-mails, calls and letters.
There are also a number of thoroughly evil bills, such as HB 2358, HB 2429, HB 2430, and HB 2431, which demonize gun owners and gun ownership. Bills identical to HB 2430 and 2431 have been introduced in every recent session, but don’t get traction in this Republican controlled legislature. We need to make sure those abominations don’t move during this session either. Think about what would happen if the current majority wasn’t there. This is an election year. Things could be drastically different next year, unless YOU become involved in the political process.
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January 9, 2008
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CCW Reform Bill Filed!
An AzCDL requested bill, SB 1070, has been filed by Senator Chuck Gray.
SB 1070 proposes changes to ARS 13-3112 regarding the process for obtaining concealed weapons permits that:
- Provides that if an applicant has ever satisfactorily completed the required firearms safety training, they have met the training requirement for a permit. Current law does not place any time limit on when a person must complete training. However, the Department of Public Safety (DPS) has established arbitrary dates for training validation. In 2007, DPS stated that training must occur within 12 months of an application. Prior to 2007, DPS set this period to be only 6 months. Once a person has obtained a permit, the initial training is good as long as a permit holder submits timely renewals. The proposed language recognizes that the training has no expiration date, and aligns the initial permit requirements with the permit renewal requirements.
- Removes the restriction that instructors must create, or be part of, a training organization. This eliminates an artificial restriction on instructors, and should result in an increase in available training.Codifies DPS Administrative Rule R13-9-307 that National Rifle Association (NRA) certified instructors meet the eligibility requirements for DPS certification.
- It allows that training can be conducted by NRA certified pistol or personal protection instructors as well as DPS certified instructors.
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January 1, 2008
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2008 Legislative starts January 7th.
Warm up those keyboards. The 2008 Legislative session is about to get underway. On January 7th, the Legislature starts working on the budget. On January 14th, they start working on a flood of new bills.
AzCDL has been busy working behind the scenes since the 2007 session ended. We have been drafting legislative proposals, and meeting with potential sponsors to turn our proposals into bills. We have also been approached by legislators wanting support for their bills by AzCDL’s powerful and proven citizen lobbying machine (You!).
We are expecting a number of pro-rights bills to be filed. Some of the bills that we expect to be filed are reactions to recent headlines. Others are steps in our continued efforts to restore the Right to Keep and Bear Arms (RKBA) in Arizona. If they are all filed, this will be a very challenging year and we will need every ounce of support you can muster. We can only be successful with your involvement.
Stay tuned! As relevant legislation is introduced, we will keep you up to date via our Alerts.
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