Arizona CCW Newsletter » Right To Bear Arms (RTBA)

Justices Extend Gun Owner Rights Nationwide

admin — Mon, 28 Jun 2010 15:56:16 +0000

By MARK SHERMAN
The Associated Press

Monday, June 28, 2010

WASHINGTON — The Supreme Court ruled Monday that the Constitution’s “right to keep and bear arms” applies nationwide as a restraint on the ability of the federal, state and local governments to substantially limit its reach.

In doing so, the justices, by a narrow 5-4 margin, signaled that less severe restrictions could survive legal challenges.

Justice Samuel Alito, writing for the court, said the Second Amendment right “applies equally to the federal government and the states.”

The court was split along familiar ideological lines, with five conservative-moderate justices in favor of gun rights and the four liberals, opposed.

Two years ago, the court declared that the Second Amendment protects an individual’s right to possess guns, at least for purposes of self-defense in the home.

That ruling applied only to federal laws. It struck down a ban on handguns and a trigger lock requirement for other guns in the District of Columbia, a federal city with a unique legal standing. At the same time, the court was careful not to cast doubt on other regulations of firearms here.

Gun rights proponents almost immediately filed a federal lawsuit challenging gun control laws in Chicago and its suburb of Oak Park, Ill, where handguns have been banned for nearly 30 years. The Brady Center to Prevent Gun Violence says those laws appear to be the last two remaining outright bans.

Lower federal courts upheld the two laws, noting that judges on those benches were bound by Supreme Court precedent and that it would be up to the high court justices to ultimately rule on the true reach of the Second Amendment.

The Supreme Court already has said that most of the guarantees in the Bill of Rights serve as a check on state and local, as well as federal, laws.

Arizona Legalizes Concealed Carry without a Permit

admin — Sun, 02 May 2010 18:34:49 +0000

Governor Brewer signs legislation into law

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.

Arizona to allow Concealed Weapons without Permit

admin — Sat, 17 Apr 2010 03:19:00 +0000

by Alia Beard Rau – Apr. 16, 2010 03:46 PM
The Arizona Republic

Starting later this summer, U.S. citizens 21 and older can begin carrying a concealed firearm without a permit in Arizona.

Gov. Jan Brewer signed Senate Bill 1108 into law Friday afternoon. It eliminates the requirement for a concealed-carry weapons permit, but does require gun owners to accurately answer if an officer asks them if they are carrying weapon concealed. It also allows officers to temporarily confiscate a weapon while they are talking to an individual, including during a traffic stop.

“I believe strongly in the individual rights and responsibilities of a free society, and as governor I have pledged a solemn and important oath to protect and defend the Constitution,” Brewer said in a news release. “I believe this legislation not only protects the Second Amendment rights of Arizona citizens, but restores those rights as well.”

The law goes into effect 90 days after the Legislature adjourns for this session, which could happen in the next couple of weeks.

Arizona joins Vermont and Alaska in not requiring such permits.

“If you want to carry concealed, and you have no criminal history, you are a good guy, you can do it,” bill sponsor Sen. Russell Pearce, R-Mesa, has said of his bill. “It’s a freedom that poses no threat to the public.”

National Rifle Association lobbyist Matt Dogali said the new state law would not violate any current federal requirements.

“There is no federal requirement for a permit or lack thereof,” Dogali said.

The federal government oversees the background-check program required to purchase a weapon, which will still be required in Arizona in most cases.

Brewer last week did sign a separate law that exempts guns made and kept in Arizona from federal regulation, including background checks.

Arizona had 154,279 active permits as of April 4. Permit holders are spread across all ages, races and counties, but White males older than 30 in Maricopa and Pima counties hold the majority, according to the Arizona Department of Public Safety data.

The permits generated $1.8 million in revenue last fiscal year, according to DPS. The money is used to help cover costs for enforcing laws related to the Highway Patrol, operating the concealed-carry weapon-licensing program and impounding vehicles.

Arizona’s permit process will remain in place, and many gun owners may still choose to get a permit. Permits would still be needed in order to carry a weapon into a restaurant or bar that serves alcohol. They would also be needed if an Arizonan wants to carry his or her gun concealed in most other states.

For those who do choose to get a permit, the education requirements do change under the new law. Classes are no longer required to be a set number of hours or include any hands-on use of the weapon. Those who don’t get a permit would not be required to get any training or education.

Retired Mesa police officer Dan Furbee runs a business teaching permit and other gun safety classes. He said if most people choose not to get a permit, it will put several hundred Arizona firearms instructors out of business.

“It’s going to hurt,” he said.

But he said what really concerns him is that the new law will allow people who have had no education about Arizona’s laws and no training on the shooting range to carry a concealed gun. The eight-hour class currently required to get a permit includes information on state law and gun safety, as well as requires students to be able to hit a target 14 out of 20 times. Furbee said his class at Mesa-based Ultimate Accessories costs $79, plus $60 for the five-year permit.

“I fully agree that we have a right to keep and bear arms,” Furbee said. “But if you are not responsible enough to take a class and learn the laws, you are worse than part of the problem.”

He said it’s not uncommon for students to walk into his classroom and pull a new gun out of a box with no idea how to hold it and no understanding of the laws surrounding it.

“If you are going to carry a concealed weapon, you should have some kind of training and show that you are at least competent to know how the gun works and be able to hit a target,” he said. “You owe the people around you a measure of responsibility.”

This new law is the latest of several that have passed over the past year since Brewer took over the office from former Gov. Janet Napolitano, a Democrat.

Napolitano vetoed at least a dozen weapons bills that crossed her desk during her seven years in office, all of which would have loosened gun restrictions. In 2005, Napolitano rejected a bill that would have allowed patrons to carry loaded guns into bars and restaurants. In 2008, she also vetoed a bill that would have allowed people to have a hidden gun in vehicles without a concealed-carry permit.

In January 2009, Napolitano resigned to become U.S. Homeland Security secretary and Republican Secretary of State Brewer became governor.

During her first year in office, Brewer signed a bill allowing loaded guns in bars and restaurants, as well as another that prohibits property owners from banning guns from parking areas, so long as the weapons are kept locked in vehicles.

Arizona Pro Gun Rights Bills Filed Early

admin — Fri, 01 Jan 2010 18:28:29 +0000

Thursday, December 31st, 2009 at 2:51 pm

Article by: AzCDL – Protecting Your Freedom – http://www.azcdl.org/html/accomplishments.html

Glendale, AZ --(AmmoLand.com)- Even though the next “Regular” legislative session doesn’t being until Monday, January 11, 2010, some legislators have already begun “pre-filing” bills.

The following pro-rights bills have been filed that affect our Right to Keep and Bear Arms (RKBA):

HB 2015 (Burges) – Adds defensive display of a firearm as an alternative to, or in conjunction with, the use of deadly physical force.

HB 2016 (Burges) – Allows out of state applicants whose rights have been restored to obtain a CCW permit under the same conditions as Arizona residents.

HB 2017 (Burges) – Clarifies that NRA instructors may teach the school gun safety courses.

SB 1011 (Harper) – Allows college/university faculty members with CCW permits to possess a concealed firearm on campus.

SB 1015 (Harper) – Clarifies the “no firearms” signage requirements for restaurants. Also changes the affirmative defense language to “not an offense.” Finally, it restores the requirement that a person “knows the possession of a firearm is prohibited” in an establishment

SB 1021 (Pearce) – Similar to HB 2015.
AzCDL’s representatives have been working with legislators on new bills for a number of months. We are expecting the bulk of these pro-rights bills to be filed after the session officially begins. As they progress, we will keep you informed via these Alerts.

Many of you in the self-defense civil rights community know of Dr. Suzanna Gratia Hupp, the courageous Texas woman who was in Luby’s Cafeteria in Killeen Texas in 1991 where her parents were murdered, along with 20 others, by a deranged criminal. She left her pistol in the trunk to comply with then current Texas law. Dr. Hupp went on to spend 10 years in the legislature.

Dr. Hupp will be the featured guest on AzCDL Board Member Charles Heller’s radio program America Armed & Free, Sunday, January 3, 2010, from 1-2 PM, where she will discuss her book, “From Luby’s To The Legislature.”

The program can heard on AM 1030 KVOI in Tucson, AM 930 KAPR in Douglas, and AM 1240, KJAA in Globe. It will also stream live at the KVOI website: http://tinyurl.com/KVOIlivestream. Charles will archive the program at his website: www.libertywatchradio.com/listen .

HAPPY NEW YEAR!

AzCDL – Protecting Your Freedom

http://www.azcdl.org/html/accomplishments.html

About:
AzCDL believes that the emphasis of gun laws should be on criminal misuse and that law-abiding citizens should be able to own and carry firearms unaffected by unnecessary laws or regulations. AzCDL was founded by a group of local activists who recognized that a sustained, coordinated, statewide effort was critical to protecting and expanding the rights of law-abiding gun owners. As a like-minded coalition of activists, the AzCDL founders were instrumental in the successful passage of the first major improvement to Arizona’s CCW (concealed carry) laws since they were instituted in 1994. Visit: www.azcdl.org