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. You can read her veto letter here: http://www.governor.state.az.us/dms/upload/070708_HB2389
%20Veto%20Letter.pdf
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. Her veto letter is here: http://www.governor.state.az.us/dms/upload/070708_HB2626 %20Veto%20Letter.pdf
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.
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.
Here is a related starnet article.
Wow. If I didn't know better, I'd say they want the law to remain confusing to allow for some "roadside discretion".
ReplyDelete"Common sense gun laws" are all the rage these days.
How about some gun laws we can understand and not unknowingly or inadvertently violate?
I've already written our "Honorable" Governor expressing my dismay... for all the good it will do.
ReplyDeleteWhat really burns me up about this latest round is how badly our current laws regarding transporting a firearm in your privately owned vehicle need reforming! As they stand right now, when people ask me for advice I just tell them to get a CCW permit to avoid the issue altogether.
Want to carry a firearm for personal protection? Get a CCW.
Want to avoid needless hassle with your 700 BDL while driving out of Tucson to your elk hunt? Get a CCW...
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