AZ: AZCDL Legislative Update

AZCDL Legislative update:

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.

It is VERY important to contact the Governor, and urge her to sign HB 2389 into law. You can use your own message, or you can use the sample message below. Her 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.

Following the sample letter are instructions on how to post your comments on the Governor's website.

_____________________________________________________________________________

Subject: Please sign HB 2389

Governor Napolitano:

The Arizona Citizens Defense League (AzCDL) has informed me that important legislation, HB 2389, is awaiting your signature. I urge you to sign HB 2389 into law.

HB 2389 would make changes to ARS 13-3102 regarding carrying a concealed weapon in a vehicle. Current law (ARS 13-3102.F) 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 (State v. Adams, 189 Ariz. 235, 941 P.2d) 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.

The proposed language clarifies that it permissible to carry a weapon, visibly or concealed, anywhere within a means of transportation, excluding public transit. Much like the states of New Mexico (NMSA 30-7-2) and Texas (TX Penal Code Title 10, Chapter 46.02), it would be legal for any law abiding citizen to carry anywhere inside a vehicle without the need of a permit, just like it currently is inside their own home or business, eliminating the confusing hodgepodge of lawful and unlawful places currently listed in statute. This would benefit both law enforcement and the law-abiding, making the law clear and rational, not subject to confusing roadside interpretations.

Again, I urge you to support sound public policy, and sign HB 2389 into law.

Sincerely,
Your Name
Street Address
City, AZ zip-code
telephone number

You can go to the Governor's website, http://azgovernor.gov/Contact.asp, 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 2389."

You can add your own polite message urging her to sign HB 2389 in the "message/comment" area, or you can use the sample message above.

Stay tuned! Information on this and other bills can be found at the AzCDL website: http://www.azcdl.org/html/legislation.html

These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Join today!

AzCDL – Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html

Copyright © 2008 Arizona Citizens Defense League, Inc., all rights reserved.