By David Morse
Guest Columnist
Published on Sunday, May 2, 2010 9:16 AM MST

Gov. Jan Brewer signed SB 1108, a bill that decriminalizes the carrying of concealed weapons in the state of Arizona, on April 16. This bill will become law 90 days after the Legislature closes.

Arizona will become the third state, following Vermont and Alaska, allowing concealed carry without a permit. Arizona will be the first state with a large urban population to enact such legislation.

What does this mean? In short, any person 21 years of age or older legally qualified to own a firearm may carry a firearm in concealment, where not restricted, without fear of arrest or prosecution. The current system for issue of concealed weapons permits will remain in place. Persons wishing to join the more than 154,000 Arizonans who already have concealed weapons permits will have that option.

Is this a good thing? In a free society can there be too much freedom? I predict many people will drop pistols in their pockets and tuck revolvers into their waistbands “because they can.” After a month or so, when the novelty is gone and the added weight and bother of carrying a chunk of iron sets in, many of those guns will go back into drawers and safes.

Allow me to offer one bit of advice. Guns are deadly weapons. Carrying a deadly weapon incurs many risks and imposes many responsibilities. This is not something to be done lightly without thought or consideration. Carry responsibly!

Many restrictions will still exist. One cannot carry weapons on private property (or any property for that matter) posted “No Guns Allowed,” on national monuments, Indian reservations, school grounds, military reservations and other places.

Be aware that the law requires any person carrying a concealed weapon to inform a police officer about the weapon if asked. Also, the weapon must be surrendered to a police officer, for temporary holding, upon request.

And just because no law forbids carrying a concealed weapon, that does not mean there are no laws against improper use or display of firearms. I foresee a rash of “misconduct with firearms” or “endangerment with firearms” arrests (both class-6 felonies) in certain parts of the state not known as gun-friendly.

Obtaining an Arizona concealed weapons permit is still a good idea. Reciprocity is a big factor. At this time, 29 states will honor your Arizona CCW — similar to their recognition of your Arizona driver’s license. Without a permit, your “right to carry” ends at the Arizona state line.

Last year, Arizona allowed permit holders to carry their concealed weapons into restaurants and bars that served alcohol, provided the establishment had not posted a notice they would not allow carry on their premises and the person consumed no alcohol. Those without a permit can be issued citations and their firearms confiscated if they carry weapons into an establishment serving alcohol, whether the premises are posted or not.

People with a valid Arizona CCW may purchase a firearm from a federally licensed dealer without being subjected to a federal background check at the time of purchase. The FFL dealer notes the CCW number on the 4473 form in lieu of making a National Instant Check System call, and the buyer takes the gun home with him.

About one out of five calls to NICS results in a “delay” status for the purchase. The buyer cannot take the gun with him at that time. A delay means NICS needs time to check something found in its initial computer-based background check. Maybe there are several “John Smiths” with criminal backgrounds, or the buyer has an arrest from 15 years back and the fact no charges were filed is not noted; maybe a restraining order in another state was issued to a “John Smith.”

There can be dozens of reasons. Many have obtained CCWs simply because their names are common, and they get tired of delays every time they try to purchase a firearm. Also, there are no federal computer-based records of the purchase.

And last but not least: training. There is no such thing as too much training. The eight hours spent in the AZ CCW course is but a touch on the myriad and complex tactical, legal and moral issues inherent to carrying a deadly weapon.

Having the permit carries one more advantage: respect. Members of law enforcement recognize that those who have obtained a permit to carry are honest citizens who have made an effort to educate themselves about firearms and related laws.

When an officer or deputy runs your name in a routine traffic stop, the fact that you have been issued a CCW permit is displayed on the patrol car’s computer screen. Most cops will be much more cordial and relaxed with a person they know has a CCW because they know he is not a felon and is possibly honest by nature. How many criminals spend time going to classes and getting permits?

The cost of an AZ CCW permit (valid for five years) is $60. The reciprocity, avoidance of NICS delays, training and respect that come with a CCW permit are priceless.

September 1, 2008

The general effective date regarding House Bill 2634 and Senate Bill 1070 is September 26, 2008.

Amendments to:

ARS 13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; training program; program instructors; report; applicability; violation; classification.

09-01-08: On September 26, 2008, the following two amendments related to CCW will become effective:

HB 2634 allows applicants who are not currently prohibited possessors under state or federal law AND whose felony convictions have been expunged, set aside, vacated, or whose rights have been restored the ability to obtain a concealed weapons permit. It also extends reciprocity to other states who issue permits under the same or similar conditions.

Federal and state laws play a significant role in determining if a record that has been expunged, set aside or vacated will allow an applicant to obtain a concealed weapons permit. Some convictions, even though they have been expunged, set aside or vacated may prevent the issuance of a concealed weapons permit because of conflict with other laws which prohibit possession of a weapon.

Additionally, reciprocal agreements with other states may be effected. The DPS Concealed Weapons Permit Unit will contact all other states to ascertain if they will enter into, or continue to honor, reciprocal agreements with Arizona. An updated reciprocity list will be posted on the CCW web page once this process has been completed. Until such time, permit holders wishing to carry concealed utilizing their Arizona CCW permit while visiting another state are responsible for contacting that state to ensure thier Arizona permit is recognized.

SB 1070 effects the length of time an applicant has to submit their application for a permit once training has been received. The new law gives the applicant five years from the time training is received to submit the application.

The new law uses the phrase “Adequate Documentation” which is defined as “a certificate, card or document of completion from an authorized firearms safety training program.” This term and its definition do NOT exempt an applicant from submitting an original Concealed Weapons Permit application which is obtained from the training organization who conducted the applicant’s training. Training organizations are required to keep class rosters for five years. Therefore, if a student must request a duplicate application, the organization must research class rosters and complete the Firearms Safety Training Program Completion Certificate section on a new application. The date the training was completed must be accurately recorded on the application and the organization must be able to produce the original class roster to verify the accuracy of the information it has recorded.

If a “current or expired permit issued by the Department” is presented as proof that the individual has previously attended the required firearms-safety training program, the applicant must also complete an original Concealed Weapons Permit application, submit two sets of classifiable fingerprints and the applicable fee required to obtain a new permit. The ‘permit’ they are presenting must be in good standing to be eligible as proof. Revoked permits will not be considered. This will NOT be considered a ‘renewal’ process. Applicants may request a new permit application and fingerprint cards by contacting the Concealed Weapons Permit Unit or the training organization who initially conducted the firearms-safety training.

Firearms-safety training instructors and organizations will be “Authorized” rather than “Approved” to conduct training.

Organizations on behalf of each of its instructors, may submit documentation to obtain or to renew an instructor’s authorization to provide firearms-safety training for the organization.

Note: There are no grandfather clauses related to either of the above amendments.

Applications received by the Concealed Weapons Permit unit on September 25, 2008 or earlier will be processed under the current law.

Applications received by the Concealed Weapons Permit unit on September 26, 2008 or later will be subject to the amendments contained in HB 2634 and SB 1070.