azcdlfred
Regular Member
imported post
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, passed the Senate “Final Read” on April 23, 2007 by a vote of 21-5-4, and was transmitted to the Governor. On April 9, 2007, the House passed SB 1301 by a vote of 40-16-4.
The current law has several problems. Foremost, open carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." SB 1301 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction. Another problem is the interpretation of “concealed” by a 1994 Appellate court decision, which held that it has to be obvious to “ordinary observation” that you're carrying a weapon. SB 1301 replaces the "wholly or partially visible" language in ARS 13-3102.F, and refers to "any portion" of a weapon or holster being visible.
An amendment was added to SB 1301 during the House Committee of the Whole (COW) debate clarifying that a concealed weapons permit is not required to carry in your home, business, or real property owned, leased or rented by you, including in “common areas”. The amendment also makes it clear that this exemption applies to carrying concealed in vehicles on your own property as well. People have been arrested for carrying a firearm in the common areas of apartment complexes where they live. The amended language gives law enforcement clearer guidelines in such cases.
It is important to contact the Governor and urge here to sign SB 1301 into law. You can use your own message or you can use the cut-and-paste message below. Her email address is azgov@az.gov. Please send a courtesy copy of your message to president@AzCDL.org. 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
[line]
Subject: Please sign SB 1301
Governor Napolitano:
The Arizona Citizens Defense League (AzCDL) has informed me that SB 1301 is awaiting your signature. I urge you to sign SB 1301 into law.
The current law that defines how weapons may be legally carried without a concealed weapons permit has several problems. First, open (i.e., not concealed) carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." Modern methods of carrying a firearm, like the popular “In the Waist Band” (IWB) holster, may be considered illegal because the holster cannot be seen, even though the firearm is in plain view. SB 1301 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction.
An additional problem is the interpretation of current statutory law by a 1994 Appellate Court decision, State v. Adams, which held that it has to be obvious to “ordinary observation” that you are carrying a weapon. Under Adams, citizens have been arrested because the law enforcement officer could not see their openly carried firearm that was in full view of everyone else.
In “Legal Issues Relating to the Use of Deadly Force” by Michael P. Anthony, used by the Arizona Department of Public Safety (DPS) as part of the course of instruction for CCW instructors, carrying a weapon without a permit is covered on pages 20-24. Mr. Anthony states on page 22 that, “A person can avoid the problems and pitfalls of carrying and transporting firearms in Arizona by possessing an Arizona CCW permit whenever carrying or transporting a firearm, concealed or otherwise, in Arizona.”[/i]
In short, because of the way the courts have interpreted statute, “open carry” is all but outlawed, and whether a person will be arrested is solely dependent on the mood of whatever law enforcement officer they might interact with.
The proposed corrections to ARS 13-3102.F would assist law enforcement officers in properly identifying legal instances of open carry.These changes reduce the burden on both law enforcement and the law-abiding public.
Again, I urge you to sign SB 1301 into law.
Sincerely,
Your Name
Street Address
City, AZ zip-code
telephone number
[line]
You can also 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 “SB 1301.”
You can add your own polite message urging her to sign SB 1301 in the "message/comment" area, or you can use the cut-and-paste message above.
You can call her office toll free using this number: 1-800-253-0883
Information on this and other bills can be found at the AzCDL website: http://www.azcdl.org/html/legislation.html
As legislation progresses, we will keep you up to date via these Alerts and at our website.
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 © 2007 Arizona Citizens Defense League, Inc., all rights reserved.
SB 1301, which rewrites ARS 13-3102.F to clarify that if any portion of a weapon or holster is visible, the weapon is openly carried, passed the Senate “Final Read” on April 23, 2007 by a vote of 21-5-4, and was transmitted to the Governor. On April 9, 2007, the House passed SB 1301 by a vote of 40-16-4.
The current law has several problems. Foremost, open carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." SB 1301 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction. Another problem is the interpretation of “concealed” by a 1994 Appellate court decision, which held that it has to be obvious to “ordinary observation” that you're carrying a weapon. SB 1301 replaces the "wholly or partially visible" language in ARS 13-3102.F, and refers to "any portion" of a weapon or holster being visible.
An amendment was added to SB 1301 during the House Committee of the Whole (COW) debate clarifying that a concealed weapons permit is not required to carry in your home, business, or real property owned, leased or rented by you, including in “common areas”. The amendment also makes it clear that this exemption applies to carrying concealed in vehicles on your own property as well. People have been arrested for carrying a firearm in the common areas of apartment complexes where they live. The amended language gives law enforcement clearer guidelines in such cases.
It is important to contact the Governor and urge here to sign SB 1301 into law. You can use your own message or you can use the cut-and-paste message below. Her email address is azgov@az.gov. Please send a courtesy copy of your message to president@AzCDL.org. 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
[line]
Subject: Please sign SB 1301
Governor Napolitano:
The Arizona Citizens Defense League (AzCDL) has informed me that SB 1301 is awaiting your signature. I urge you to sign SB 1301 into law.
The current law that defines how weapons may be legally carried without a concealed weapons permit has several problems. First, open (i.e., not concealed) carry is limited in statute to a belt holster, and the holster, NOT the weapon, must be "wholly or partially visible." Modern methods of carrying a firearm, like the popular “In the Waist Band” (IWB) holster, may be considered illegal because the holster cannot be seen, even though the firearm is in plain view. SB 1301 specifies that either the weapon or the holster can be visible, and removes the "belt holster" restriction.
An additional problem is the interpretation of current statutory law by a 1994 Appellate Court decision, State v. Adams, which held that it has to be obvious to “ordinary observation” that you are carrying a weapon. Under Adams, citizens have been arrested because the law enforcement officer could not see their openly carried firearm that was in full view of everyone else.
In “Legal Issues Relating to the Use of Deadly Force” by Michael P. Anthony, used by the Arizona Department of Public Safety (DPS) as part of the course of instruction for CCW instructors, carrying a weapon without a permit is covered on pages 20-24. Mr. Anthony states on page 22 that, “A person can avoid the problems and pitfalls of carrying and transporting firearms in Arizona by possessing an Arizona CCW permit whenever carrying or transporting a firearm, concealed or otherwise, in Arizona.”[/i]
In short, because of the way the courts have interpreted statute, “open carry” is all but outlawed, and whether a person will be arrested is solely dependent on the mood of whatever law enforcement officer they might interact with.
The proposed corrections to ARS 13-3102.F would assist law enforcement officers in properly identifying legal instances of open carry.These changes reduce the burden on both law enforcement and the law-abiding public.
Again, I urge you to sign SB 1301 into law.
Sincerely,
Your Name
Street Address
City, AZ zip-code
telephone number
[line]
You can also 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 “SB 1301.”
You can add your own polite message urging her to sign SB 1301 in the "message/comment" area, or you can use the cut-and-paste message above.
You can call her office toll free using this number: 1-800-253-0883
Information on this and other bills can be found at the AzCDL website: http://www.azcdl.org/html/legislation.html
As legislation progresses, we will keep you up to date via these Alerts and at our website.
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 © 2007 Arizona Citizens Defense League, Inc., all rights reserved.