NATIONAL AND LOCAL NEWS
New Rule on Guns in Parks Takes Effect February 22
The Story Behind National-Parks Carry: Thanks to a new federal law beginning
February 22, people who can legally carry concealed handguns according to
state law can also carry within National Parks and Forests in that state,
too. While this may help protect visitors from the parks' burgeoning crime
problem, the story of this law's journey through Congress provides a lesson
in campaign contributions and anti-Liberty special interests. Previous
research uncovered a correlation between pro-gun control voting and campaign
contributions by lawyers, and trial lawyers and large law firms standing to
benefit from gun control. The same is true of public employee unions -
government employees - because restrictive gun laws result in job growth and
security in the public sector. Even though both industries contribute
primarily to Democrats, these correlations persist within parties. For
example, incumbent Democrat congressmen endorsed in 2008 by the pro-gun
control Brady Campaign received larger portions of total campaign
contributions from lawyers and public employee unions than did NRA-endorsed
Democrats: 67.9% and 158.1% more, respectively. Greater percentages of total
funding equals greater influence on grateful representatives, with the 378
re-elected representatives receiving payment for services rendered in
previous terms of office. This special interest spending had an almost
humorous effect upon the final House vote on the credit card bill. (The
Coburn Amendment that overturned the ban on loaded firearms in national
parks was attached to Big Brother's must-have Credit Card Reform Act. Thus,
it is somewhat disingenuous to trumpet that Big Brother actually signed an
expansion of the RKBA; he had little choice as he would have lost a
showpiece bill in order to veto it. Nemerov corrects his initial description
of the law as a concealed-carry measure; effective tomorrow, carry in
national parks is legal in whatever manner it is legal in the surrounding
state.)
http://pajamasmedia.com/blog/national-parks-are-safer-with-right-to-carry-la
w/?singlepage=true
Tangentially Related: Here is a brief breakdown of the [credit card] reforms
and how they might affect your wallet.
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/19/AR2010021905
952.html
---
Update on the Bloomberg-Luntz Poll: On Dec. 11, 2009, we noted that a poll
paid for by anti-gun politician-activist Michael Bloomberg, claiming to show
that NRA members support gun control, was conducted by a pollster who has
been reprimanded and censured by two professional polling organizations
[emphasis added], and who (of course) doesn't have access to NRA's
confidential member list. Since then, gun control supporters have cited the
poll in numerous newspaper editorials, opinion columns, and letters to
editors, all attacking NRA's opposition to gun control. Recently, however,
Bloomberg's pollster, Frank Luntz, admitted how he gets polls to turn out
the way his employers want. In a "Penn and Teller" interview posted on
YouTube, Luntz says, "The key in survey research is to ask questions that
people care about the answers [sic], and to ask the question in a way that
you get the right answer." He added, "[W]ith just a single change of
wording, you'll get a very different reaction in terms of how they think and
how they feel." Thanks, Frank, for making it easier for us to write letters
to newspapers pointing out why no one should take your "poll of NRA members"
seriously.
http://www.ilaalerts.org/UM/T.asp?A1.2.5884.9.3827746
---
DC Right-to-Carry Plaintiff Profiled: .As one of the plaintiffs who sued the
District for the right to keep handguns in the home, Palmer has one notch on
his belt. Now he's suing the city again, this time for the right to carry
firearms in public. Palmer, a 53-year-old fellow at the libertarian Cato
Institute, says he thinks he has the Constitution on his side. The Second
Amendment guarantees Americans the right to "keep and bear arms," and
"bear," he says, "means to carry." On the street in his Kalorama
neighborhood. To the grocery store, the mall, the movies. But not
everywhere: "There are all kinds of reasonable restrictions that can be
established," he says. "But a blanket ban on carrying them does not seem to
sit well with the Constitution itself." .So the group that could make it
legal to carry a loaded firearm through the streets of the nation's capital
includes a self-employed tax accountant from American University Park, a
communications lawyer from Adams Morgan, and a law student who lives in
Nashville and was arrested for driving through the District with a gun in
his car. And then there's Palmer, who says carrying a gun saved his life.
(Note that this was a typical incident in which merely drawing the gun ended
the threat.)
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/20/AR2010022003
376.html?hpid=topnews
---
Interesting Position for a Libertarian: One local libertarian leader has an
idea that would save the state more than $1 million a year - have the
federal, not state, government run background checks for people buying
firearms. Independence Institute President Jon Caldara is proposing that the
state eliminate the Colorado Bureau of Investigation's Insta-Check program,
which scans more than six local and federal databases for background
information on prospective gun buyers. Caldara thinks the state should
instead rely on the Federal Bureau of Investigation's background check.
Handing over background check duties to the FBI would save the state
annually about $1.7 million. But supporters of the Colorado Bureau
Investigation's Insta-Check program say the department's $1.7 million budget
dramatically improves safety for Colorado. The background check conducted by
the state is more thorough than the FBI's background check, they say. For
instance, the Insta-Check program forbids people with protective orders
filed against them from purchasing a firearm, while the FBI's background
check does not search for protective orders filed in the state's judicial
system.
http://www.thedenverdailynews.com/article.php?aID=7348
---
Another Look at the Ruger SP101: .There are a lot of snub nosed revolvers
out there to choose from, but out of them all the Ruger is unique. It is
arguably one of the strongest of the breed of small framed snubbies.
Strength is important even in a small gun. But with that strength comes a
little extra weight. Trust me, this is a good thing. Have you had the chance
to fire off one of these ultra-air-light-feather weight pocket revolvers?
Using a full house .357 Magnum load? If you haven't, do this; put your
Concealed Carry Magazine down, stand up, walk outside to your car or truck
and open the hood... and then slam it down on your firing hand. Quite
unpleasant. The SP101 is made of good old fashioned honest to goodness
stainless steel, not something NASA mills space sprockets out of. The SP101
feels like a real gun when you pick it up, and when you fire it, it isn't
going to punish you for doing it. You can actually enjoy going through a
whole box of ammo in one shooting session. Amazing. The SP101 isn't even
what I would call heavy. The two and a quarter inch barreled example weighs
only twenty five and a half ounces. Not enough to displace your spine from
wearing it on your hip all day, or pulling a shoulder out of socket if you
carry it in your purse; but enough to give you courage when you hear your
door being pounded on after midnight. (The SP101 definitely requires some
work when it comes out of the box - contact me for details if you wish to do
it yourself. I agree with the arguments in favor of the added weight,
particularly if you go with the three-inch barrel, which has become my
favorite length for carry revolvers. While its trigger stroke will not
likely ever achieve the elegance of one on a well tuned S&W revolver, for
the new user of a small-frame revolver, the SP 101 may be less intimidating
to shoot.)
http://www.humanevents.com/article.php?id=35600
---
The US Army Marksmanship Unit: In this time of war there is no room for
second rate shooting. Exceptional marksmanship that was once expected of the
elite, Special Operations and Infantry Sharpshooters, is now expected of
every soldier. Today's United States Army is considered the most lethal army
the world has ever seen, and it is largely due to a more lethal Soldier who
has undergone the most effective training in history. Training is the
backbone of good shooting. And at the heart of marksmanship training in the
US Army is the US Army Marksmanship Unit (USAMU). Through "train the
trainer" workshops, direct training of experienced units, recruiting
assistance and community outreach, the USAMU acts as a "force multiplier"
for the Army, and it is considered one of the most unique units in the
entire US Army.
http://forums.gunsamerica.com/yaf_postst18_The-US-Army-Marksmanship-Unit--US
AMU--Home-of-the-Champions.aspx
---
Rule Two, Rule Three Reminder: Pankaj Kishore Karotia, 21, was just about to
claim his new bride and take her from a wedding reception to her family home
when his uncle drew his licensed handgun to fire a final shot in
celebration. As he was loading it, it fired accidentally and hit his
newly-wed nephew in the head. The reception party was almost finished when
the tragedy happened. His new bride was waiting for him in the car as he
died. The groom's father said the uncle was "eager and excited" about the
wedding and wanted to fire another shot to make the end of the celebrations.
A police spokesman said "the bullet made a hole in the brain" and confirmed
the uncle had been arrested for culpable homicide. Gunfire has become an
increasingly popular celebration custom at lavish Indian weddings in recent
years. (Rule Two: Don't le the muzzle cross anything you're not prepared to
shoot. Rule Three: Keep your finger out of the trigger guard, up on the
frame, until your sights are on the target and you[re prepared to fire.)
http://www.telegraph.co.uk/news/worldnews/asia/india/7271134/Groom-shot-dead
-at-wedding-by-uncles-stray-celebratory-bullet.html
---
The "Center Mass" Myth: Surviving a gunfight isn't what you think it is.
Don't let conventional wisdom get you killed. A well place round to "center
mass" in your attacker may not take him out of the fight. Lots of people
stay in the fight after "center mass" hits, and some even win it. If you
expect to win your gunfight, you have to make sure that you have effectively
ended the threat of your attacker. One, two or even several well placed
"center mass" shots may not do what you think it will, and learning to
recognize this before you gunfight may save your life. There is a well known
video in training circles in which a Highway Patrol officer shoots an armed
subject 5 times "center mass" (this is not my assessment but the statement
of his immediate supervisors which are interviewed on the full version of
the hour long tape) with his 4" .357 Magnum revolver firing hollow point
ammunition. All 5 hits failed to do the job and the subject was able to fire
one round which struck the officer in the armpit. That round wondered around
in the chest cavity and found his heart. The officer unfortunately died at
the scene and his attacker is alive today. ("Center mass" or "center of
mass" is a misnomer when referring to the chest area; the center of mass of
the human body is usually about three inches below the navel. I think
Higginbotham may misunderstand the concept of aiming for the pelvis - it is
not a technique to end a gunfight but one to end mobility. If an assailant
is threatening you with a contact weapon, he can't use it if he can't reach
you. It certainly is possible to shoot from a prone position, a supine
position or any position in between. However, it is not easy to track a
target moving laterally at close ranges from such a position, meaning that
if you have taken a gunman off his feet, you need to be moving laterally and
preparing your next shot. Consider the now-overturned conviction of Hal
Fish, in a self-defense shooting of a man who charged him on a hiking trail.
The prosecutor made an issue that Fish had shot Kuenzli three times in the
chest, with a pistol "more powerful than those carried by police." A shot to
the pelvis from the 10mm Kimber pistol would likely have dropped Kuenzli,
leaving Fish to evaluate if further shots were in order.)
http://forums.gunsamerica.com/yaf_postst14_The-Center-Mass-Myth-and-Ending-a
-Gunfight.aspx
---
Ten Critical Habits for Winning a Gunfight: After wrapping up a recent
Airsoft training day in which officers encountered role-players in
increasingly complex shoot / don't shoot situations - in both on-duty and
off-duty settings - Farnam reflected on what he most often sees trainees
learning from such scenario experiences. "There are certain lessons officers
report over and over again," he told PoliceOne. In his mind, these comprise
critical habits you need to develop and continually drill in order to win on
that fateful day when you face a determined armed adversary for real.
Stopping and standing still is a frequent reaction to scenario attacks,
Farnam reports - "just the opposite of what's desirable." To maximize his
chances of a successful attack, "a predator needs to get you stopped in a
particular place. The longer you stay in one spot, the more likely his plan
will progress to completion. "Get off the X. When you sense danger, move
laterally to the threat. When you move forward or backward in a straight
line, your relative positioning doesn't really change. "Keep moving until
you're behind cover, when it's available. Your moving will cause your
attacker to continually reset his plan and keep you harder to hit. (You will
probably fight as you trained. Most famous schools and most police academies
have students stand flat-footed in place on a firing line, not just while
shooting but while scanning after shooting. I don't know if access to this
very useful article is restricted. I have copied it into a Word document. In
the event that you are unable to access the article online, ask me for a
copy.)
http://www.policeone.com/patrol-issues/articles/2005634-10-critical-habits-f
or-winning-a-gunfight/
---
NRA-ILA Alerts: List members are encouraged to check the alerts for the
week, posted on the NRA-ILA website.
http://www.nraila.org/GrassrootsAlerts/read.aspx
---
Gun Self-Defense Counter Web Widget: I believe I have mentioned this before
but, if you have a website, you may want to post this automatically updating
counter that compares and contrasts the numbers usually cited by the
prohibitionists with the numbers of deaths from poisonings and the estimated
number of the use of firearms in self-defense each year.
http://actionamerica.org/guns/gun-web-widget.shtml
---
From John Farnam:
17 Feb 10
This expression of concern from a college professor and student:
"I know you've done a Quip or two in the past about the role metropolitan
and campus police play in citizen/student protection, but I wish you'd cover
the topic again, particularly in light of the current contestation
regarding concealed carry at my campus, CSU (Colorado State University)."
Very well. Here is the deal:
Police are charged with a "general duty" to investigate suspicions
circumstances and identify, apprehend, and charge criminals, once a crime
has been committed. We also have a "general duty" to answer calls in a
timely manner and patrol the community in a good-faith effort to deter
crime. Of course, all this must be done within the constraints of our
resources.
In some cases, courts are empowered to issue "restraining orders," but, as
we know, the "restraint" is not physical. The court-order is merely a piece
of paper. Who ompulsively commit violent crimes are seldom deterred.
So, "citizen protection" is, and must remain, a general term. Police do the
best they can, but we are never tasked with a specific duty to provide
absolute protection to any particular individual at any particular time nor
place, nor are we required to respond to calls within a specific amount of
time.
And, we get paid the same, regardless of outcome!
Logical conclusion: You're on your own!
Colorado citizens, including students attending universities (assuming they
are twenty-one or older), can own and even carry (with appropriate permits)
guns for their own, personal protection. Guns, ammunition, and accessories
are generally available via any number of commercial, retail sources.
Competent training is also available through a number of accomplished
instructors.
Keep in mind that guns, like alcoholic beverages, are highly regulated, and
thus technical violations of confusing and poorly-written ordinances,
arbitrary "rules," as well as randomly-enforced political agendas, will
always make it impossible to anyone to know is he is "law-abiding" or not!
My suggestion is that every citizen/student look squarely at his personal
security situation, and then make appropriate decisions. However, such
decisions should be made based on facts and reality, not some
self-deceptive, mythical notion of "police protection."
Violent death is one thing you can't "do over!"
/John
18 Feb 10
The "VSCV" Factor, from a friend and colleague:
"There is a critical difference between being injured as a result of an
accident, as opposed to an act of criminal violence.
When I fall off a ladder and break my leg, although in pain, I'm laughing at
my clumsiness the next day. Conversely, when I suffer the same injury as
the result of some two-bit thug who first pistol-whipped me, and then shot
me before departing with my wallet, I will forever curse myself for allowing
a scumbag to terrorize me and my family.
The critical difference is the 'Voluntary Submission to Criminal Violence'
factor.
That is the part that scars victims for life, the realization that they, for
whatever reason, willfully allowed themselves to be vulnerable, and that
someone would be evil enough to perpetrate such a malignant act.
Victims of violent crime experience genuine terror, and it never ends! They
don't laugh at themselves the next day, nor any day! They forever blame
themselves for being weak, naive, self-righteously stupid, and intentionally
unprepared. No amount of rationalization eases the pain! They vainly long
for the opportunity to 'do it over,' but it is forever denied them!
And, past-tense 'justice,' at long-last meted-out by the criminal-justice
system, is ever of scant consolation!
The exception is the select few of us who regularly go armed and are trained
and prepared to use deadly force when necessary. When confronting violent
criminals, we may be inconvenienced, even hurt physically, but we are not
psychologically ruined.
The next day, we are apprehensive and anxious, but we have a
deeply-satisfying sense of personal pride for being able and willing to
boldly, and successfully, stand up to depraved felons.
We are more apt to feel like wounded warriors, than raped sheep."
Comment: I don't thick that represents much of a choice!
They're not getting me without a fight!
/John
18 Feb 10
1911s in LA!
LAPD's new Chief, Charlie Beck, has just approved the 1911 pistol for
duty-carry by LAPD Officers!
Approved brands are Colt, Kimber, and Springfield Armory.
No word on ammunition yet, nor is there any word on which specific models
are on the Approved List.
The Academy has already put together an Orientation Course and is running
the first groups of officers through.
No guesses yet with regard to the exact percentage of officers who will
exercise this new option, although I suspect it will be a minority, at least
in the short-term.
This represents a bold move for any big-city PD!
/John
(I guess one can argue that stepping back 99 years is a bold move.
Preferring double-action Smith & Wesson revolvers, I like to joke that I see
no need to use 99-year-old technology for self-defense when I am perfectly
comfortable with the 111-year-old technology of my wheelguns. However. When
the Los Angeles Sheriff's Department followed LAPD's lead in authorizing
optional .45-caliber pistols, the top brass did so because it was the only
way they could see to get deputies willingly to reduce the number of rounds
they could fire before reloading. In their minds were the then-recent
controversial high-volume shootings of Amadou Diallo, in New York City, and
Tyisha Miller, in Riverside CA. Now consider that LAPD officers, for several
years, have had the option of carrying .45-caliber Glocks, with the safety
mounted on the face of the trigger and a higher ammunition capacity than a
1911. The latter design includes both a grip safety and a thumb safety.
Admittedly, a 1911 with a single-column magazine may allow an officer with
small hands to use a .45, when a Glock with a staggered-column magazine may
be too thick. Somehow, I don't think it is those officers who will be lining
up to qualify to carry 1911's. De gustibus non est disputandum.)
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
The tactics and skills to use a firearm
in self-defense don't come naturally
with the right to keep and bear arms.
http://www.spw-duf.info
Fairfax, Va. -- An Arizona man who spent nearly three years in prison for justifiably shooting a man in self-defense is now free and clear of all guilt in his case. This week the Arizona Supreme Court let stand the state appellate court’s decision to overturn Harold Fish’s second-degree murder conviction. The National Rifle Association provided assistance in this case. NRA’s Office of General Counsel advised Fish’s defense counsel, and the NRA Civil Rights Defense Fund provided financial aid for Fish’s defense.
Chris W. Cox, executive director of NRA’s Institute for Legislative Action said, “We are pleased that justice has finally prevailed for Mr. Fish in this case that was clearly justifiable self-defense. We wish the best for Mr. Fish and his family in the future.”
In 2006, Harold Fish was convicted of second-degree murder in the shooting death of Grant Kuenzli. Fish encountered Kuenzli and his vicious dogs while hiking on a trailside in Coconino County in May of 2004. After Fish fired warning shots at the aggressive dogs, Kuenzli tried to attack him, and Fish was forced to shoot him in self-defense. At the time of the shooting, current self-defense laws in Arizona -- which put the burden of proof on the prosecutor instead of the defendant -- did not exist. During Fish’s trial, the jury was not allowed to hear evidence that Kuenzli had acted violently in similar situations in the past. In June, an Arizona appellate court overturned Fish’s conviction, acknowledging the jury should have heard this evidence and also saying the jury was not instructed properly on the meaning of “unlawful physical force.” Attorney General Terry Goddard had asked the Arizona Supreme Court to review the appellate court’s decision, and this week they declined.
Fish’s case spawned two laws in Arizona strengthening the rights of gun owners to use a firearm to defend themselves and their loved ones. SB 1145, passed in 2006, put the burden of proof back on the state, saying that those who use firearms in self-defense are to be considered innocent until proven guilty. This year, Governor Jan Brewer signed SB 1449 into law, making retroactive SB 1145, which effectively allowed Fish and others in similar positions the right to a new trial, as well as to be considered innocent in the justifiable use of force unless the state proves otherwise.
Arizona’s Governor Signs Five Key Pieces of Legislation for Gun Owners
Arizona Governor Jan Brewer signed into law five key pieces of legislation that will protect and strengthen the rights of law-abiding gun owners in her state and educate children about gun safety. SB 1113 will allow right-to-carry permit holders to carry a gun into restaurants and bars as long as they don’t consume alcohol and as long as the establishments don’t have prohibitive signage posted. This measure will allow RTC permit holders to defend themselves and their families while dining out. Another measure signed into law that will protect the self-defense rights of permit holders is SB 1168. The bill allows gun owners to keep firearms in their locked vehicles while parked in a publicly-accessible parking lot.
“The passage and signage of these sensible, yet crucial bills are major victories for law-abiding gun owners in Arizona,” said Chris W. Cox, NRA chief lobbyist. “Governor Brewer and the bills’ sponsors, State Senators Jack Harper (R-4) and Russell Pearce (R-18), as well as the parking lot bill’s pioneer sponsor, Representative John Kavanagh (R-8), should be commended for their hard work and their staunch support of our Second Amendment freedoms.”
Governor Jan Brewer also signed three other bills of significance this week. SB 1243 makes legal the defensive display of a firearm for the purpose of deescalating a potentially violent conflict. This statute makes it legal for law-abiding gun owners to display their firearm to someone threatening them or a loved one. SB 1449 also strengthens the rights of gun owners to use a firearm to defend themselves or their loved ones, by making retroactive SB 1145, which was passed in 2006. SB 1145 put the burden of proof back on the state, saying that those who shoot someone in self-defense are to be considered innocent until proven guilty, rather than the other way around. And SB 1437 adds NRA certified instructors to the list of those qualified to teach gun safety in schools.
July 31, 2009
Alan Korwin Friday, 17 July 2009
All anti-rights bills defeated, some pro-rights bills died
Waiting until the last possible moment, Arizona governor Jan Brewer on July 13 signed all eight gun-related bills enacted by the state legislature in 2009. Two crucial bills, Constitutional Carry and penalty reduction for discreet carry without a permit, failed passage at the last minute and didn’t make it to her desk. The eight bills signed into law, which will become effective on Sep. 30, 2009 (except SB 1242, effective immediately), are:
HB 2569 Smuggling people for profit, involving a deadly weapon
SB 1113 CCW in liquor-licensed places OK without drinking, unless no-gun signs
SB 1088 Domestic violence protection extended to romantic or sexual partners
SB 1168 Parking lots cannot ban firearms locked in vehicles, with exceptions
SB 1242 Exemptions from CCW and more for more “proper authorities”
SB 1243 Defensive display of a firearm in self defense defined and protected
SB 1437 AZ High School Marksmanship Program instructor definition expanded
SB 1449 Retroactive self-defense clarification (Harold Fish law)
At least 14 gun-related bills were introduced this year, with the few anti-rights bills repudiated early in the session and defeated. One other pro-rights bill died at the end, the effort to reduce required classes to three or four hours for people already well trained in gun use through military, police or private programs. Some 20 legislators walked out very late on the final session (which went all night and ended at 7:30 a.m.) stealing away votes that had been verbally committed and were needed for passage of that and the petty offense amendment for discreet carry without a permit. The pro-rights people were left with 30 votes, and needed 31 to pass the laws.
The entire session was run in a bizarre manner — no legislative work for months in the Senate while the Napolitano deficit was being resolved, then an impossibly crowded and rushed legislative calendar in the final few weeks, with no room for error, adjustment or contemplation. The procedures were a disgraceful humiliating embarrassment to good governance.
Constitutional Carry, which would have allowed law-abiding Arizonans to carry a firearm discreetly — with the same freedom they’ve had since statehood in 1912 to carry openly — got tied up in the Rules committee in the closing days of the session. A late amendment to the bill, which created a conflict with federal law, forced Rules to hold the bill and there wasn’t enough time left in the session to make the needed changes.
The amendment was added by Judiciary chairman Jonathan Paton (R-Tucson), normally a good supporter of RKBA, who insisted he wouldn’t hear the bill without the new language. The amendment criminalized smuggling guns across the Mexican border, which DPS wants even though it’s a federal matter. That carrot might have helped move the cart on Constitutional Carry, which DPS is basically against, but in the end scuttled the bill.
Following standard practice, this year’s changes will be produced as an insert and included with copies of The Arizona Gun Owner’s Guide, posted on our website, and available as a formatted pdf file or plain text for downloading. This is a preliminary analysis for review and comment.
Summarizing this year’s changes:
KEY:
AGOG Page# / Bill# / Statutes Affected / Description
43, 71, 79, 80 / SB 1113 / §§ 4-229, 4-244, 4-246, 11-441, 13-3102,
13-3112, 38-1102. Carry in restaurants for CCW permitees only
CCW-permit holders can carry in places licensed to serve alcohol, unless the places post official signs from the Dept. of Liquor Licenses banning entry to anyone with a firearm. The ban was written broadly enough to prohibit anyone from carrying, even on-duty police or employees, if signs are posted.
If access is not banned and you possess a firearm, you may not drink. If you enter you have an affirmative defense against prosecution (meaning you must prove your innocence) if you were not informed of the ban, the sign fell down, the sign was posted less than 30 days before you were charged, or you weren’t a resident of the state. The exemption for going in to seek aid in an emergency has been preserved, and you have permission to go in far enough to see if there’s a sign posted.
You can expect to see No Guns Allowed signs springing up all over the state, featuring official wording and an image of a gun inside a red circle with a slash through it. Drinking while carrying in a liquor-serving establishment, or carrying in such a place if it’s posted for no guns, is a class 3 misdemeanor.
The guns-in-restaurants bill also says: Members of a sheriff’s volunteer posse who have received specified training (AZPOST) can bear arms while on duty, with conditions. A U.S. law enforcement officer with 10 consecutive years of service and a special picture ID can carry concealed without a permit, and their most recent law-enforcement employer must issue the card on request. AZPOST-certified LEOs who volunteer for their agency’s reserve program are exempt from taking the CCW training program. Misconduct with weapons in an act of terrorism is raised to a class 2 felony. Note that terrorism is broadly defined (§13-2301) and this law could be applied beyond the common understanding of terrorism (e.g., a felony with a firearm intended to influence policy or affect the conduct of the state). Another extra guarantee against localities banning LEOs from carrying firearms has been added.
24 / SB 1088 / §13-3601 / Domestic violence expansion
Penalties for domestic-violence offenses, including restraining orders and firearms confiscations, can now be applied, in addition to problems between family members, to people who are or were in “a romantic or sexual relationship.” The law is a response to the case of a woman murdered by her boyfriend. A restraining order was unavailable because they weren’t married. It’s unclear, as always, how much a piece of paper from a court would have influenced a murderer. Now, people in a casual relationship have an enormously powerful weapon they can use on each other in the event of a quarrel — confiscation of any collection of arms and a ban on possession. Questions linger as to how much of a relationship qualifies, which the statute left ambiguous.
55, 70 / SB 1168 / §12-781 / Ban on prohibiting guns in parked vehicles
It’s unlawful for a property owner, tenant, public or private employer or business entity (called the “responsible party” below for brevity) to create a policy or rule that prevents a person from lawfully transporting or storing any firearm in a privately owned motor vehicle if:
1 – the vehicle is locked or the firearm is in a locked compartment on a motorcycle;
2 – the firearm is not visible. Any attempt to do so is null, void, unenforceable and without legal effect.
The ban on gun bans in private vehicles doesn’t apply under four conditions:
1 – possession of the firearm is already banned under federal or state law;
2 – the vehicle is owned or leased by the responsible party
in which case the ban is at their discretion;
3 – the responsible party has a facility secured by a fence or other physical barrier, and also limits access by a guard or other security measure, and the responsible party
provides secure storage with ready access and retrieval, similar to the gun-locker rules for public buildings and events;
4 – compliance with this statute would violate another applicable federal or state law. Nuclear generating stations must comply with gun-locker requirements.
The parking area for a single-family detached residence is exempt from this law. Department of Defense contractors whose property is located wholly or partially on a military base are exempt from this law. A responsible party can provide an alternate parking facility close to the main facility, ban firearms at the main one, and allow them at the alternate facility, as long as they don’t charge any extra fee.
Anticipating possible legal challenges from large corporations or other property owners whose parking space is open to the public, the legislature included a six-point set of findings, rare in state bills, to clarify that:
1 – the state and federal Constitutions provide strong protection for the
fundamental right to keep and bear arms for self defense;
2 – the enjoyment of this right is impaired if people are deprived the right to keep arms in
their vehicles;
3 – people are deprived of their rights if firearms cannot be kept in their private vehicles;
4 – your locked private vehicle is private, not a public space, you have the right to furnish it any way you like that is legal to enhance your comfort, security, ease of movement and
enjoyment of liberty;
5 – parking lot operators are not unduly burdened by the presence of legally possessed property secured within the vehicle by its owner;
6 – this act is for the benefit and protection of people who choose to exercise and enforce their fundamental right to bear arms in self defense in their movements throughout this state, including in their personal motor vehicles.
114 / SB 1243 / §13-421 / Defensive display of firearms protection
“Defensive display of a firearm” means:
1 – Verbally telling someone that you have a firearm or can get one;
2 – Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force;
3 – Placing your hand on a firearm while it is in your pocket, purse or other means of
containment or transport.
Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person’s use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.
Defensive display is not justified if you intentionally provoke the other person, or if you use a firearm in the commission of a serious offense or violent crime (defined in §13-706 and §13-901.3).
This important new law clarifies that a proper defensive reach for or announcement of firearm possession is an acceptable element in the continuum of self defense, and should not be charged as a crime. Improper display of a firearm can be anything from a class 1 misdemeanor (e.g., disorderly conduct) to a class 3 felony (e.g., aggravated assault). It also helps balance out the problematic and arbitrary “threatening exhibition” of a gun allegation that prosecutors can make in charging a felony as a “dangerous offense” (§13-702 and 704). The threat of this extra charge can be used to coerce a plea agreement, and now this is balanced with a specified stipulation of proper display of a gun without firing at a potential assailant.
44 / SB 1437 / §15-714.01 / High school marksmanship training expansion
Instructors for the Arizona Gun Safety Program, a marksmanship course for high school students, can be certified by a national association of firearms owners, in addition to the Arizona Game and Fish Dept.
SB 1449 / Retroactive self defense (Harold Fish law)
In certain cases, “Laws 2006, chapter 199 applies retroactively… regardless of when the conduct underlying the charges occurred.”
The state enacted amendments in 2006 to make it clear that, if a person claims self defense, the state must prove beyond a reasonable doubt that the defendant acted without justification (the appropriate “innocent until proven guilty” standard). One of the laws amended, which had been quietly slipped in by prosecutors without review ten years earlier, forced a defendant to prove innocence, the exact opposite of what American laws
should be (it made you guilty unless you could prove your innocence, a tyrannical standard). Part of these changes became known as the Castle Doctrine — you can stand your ground if attacked, intruders in your home are a legally recognized threat, and self defense was to receive robust protection under the law.
The new rules were supposed to protect people in a predicament like Harold Fish, a school teacher with a clean record out hiking in May 2004. He was attacked by a homeless known troublemaker with violent dogs on a forest trail outside Payson. Mr. Fish, who survived by shooting his assailant three times in the chest at close range, was at first released in what appeared an obvious self defense, but was then attacked by the county attorney, in a trial that reeked of unfairness.
The legislature is here making it clear that people are entitled to the full protection of the law, and the public’s safety will likely be enhanced with this small measure that serves notice on the powers that be. Other problems, like failure to fully inform juries, bad jury instructions, exclusion of exculpatory or illuminating evidence, exorbitant cost and inordinate timeframes, and other potholes in the criminal justice system remain to be fixed.
HB 2569 (§13-2319) and SB 1242 (§13-3102)
Two additional gun laws will affect the statutes in the back of The Arizona Gun Owner’s Guide, but have little direct impact on the general public or the text of the book. §13-2319 is amended to make smuggling people for profit or a commercial purpose a class 2 felony if the offense “involved the use of a deadly weapon or dangerous instrument.” In §13-3102, we find that more “proper authorities” have been exempted from gun laws that restrict the public, like carrying without a permit, concealed carry
in a car without a permit, making, having, transporting or selling prohibited weapons, having a defaced deadly weapon, entering a public establishment or public event with a deadly weapon after being told not to, and more. The new crop of exempt special people includes community correctional officers, detention officers, and special investigators with
DOC or the Dept. of Juvenile Corrections. Other sections of the bill repeat language found in SB 1113, a common practice to help assure passage (if one bill fails, the language gets through in the other bill).
It’s interesting to note that, at the federal level, a growth process like this took place for decades, with a new batch of people added 32 times, until the statute grew so embarrassingly long (one sentence of 741 words) Congress shortened the law by 610 words, cutting out all the named groups, but expanded the impact by simply making it applicable to “any officer or employee of the United States. That statute, 18 USC §1114, makes it a greater crime to kill them than to kill you or me. How that comports with
equal protection under the law is unclear.
Author: Alan Korwin.