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AzCDL ACTION ALERT! Vehicle Carry Bill in House committee 2/7/08

azcdlfred

Regular Member
Joined
Dec 10, 2006
Messages
901
Location
Tucson, Arizona, USA
imported post

[align=left]HB 2389, which removes the reference to vehicles in ARS 13-3102 (misconduct involving weapons),will be heard in the House Judiciary Committee on Thursday, February 7, 2008.

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) 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, accessible by a vehicle’s occupants, does not require a CCW permit.

· Possessing a concealed weapons permit and a concealed weapon puts 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.

Information on this and other bills can be found at the AzCDL website:

Please take the time to send a polite note to the committee members, and let them know that you want them to vote HB 2389 out of committee with a recommendation for passage by the full House. You can also use the cut-and-paste letter below. Following the letter are email address lists of the committee members in both semi-colon and comma separated formats. Use the one that is compatible with your email software.

======================================================

Subject: Support HB 2389

Dear Representative:

The Arizona Citizens Defense League (AzCDL) has informed me that HB 2389 is being considered in the House Judiciary Committee on Thursday, February 7, 2008. I urge you to vote HB 2389 out of committee with a recommendation for passage by the full House.

As written, current law (ARS 13-3102.F) allows a holstered or cased weapon to be 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 (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 can be considered concealed carry, requiring a CCW permit. But, that same holstered firearm in a map pocket, trunk or glove compartment, accessible by any of the vehicle’s occupants, does not require a CCW permit.

· Possessing a concealed weapons permit and being armed puts other occupants in the vehicle, who do not possess a CCW permit, at risk of arrest because of their proximity to the 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.

Again, I urge you to vote HB 2389 out of committee with a recommendation for passage by the full House.

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

=======================================================

Please be sure to include your name, address, and phone number.

Below are the email addresses of the committee members in both semi-colon and comma separation formats, along with a simple list of email addresses for those who encounter email address formatting problems. Use the list that is compatible with your email software.

Semi-colon format:
efarnsworth@azleg.gov; adriggs@azleg.gov; kadams@azleg.gov; tchabin@azleg.gov; sgallardo@azleg.gov; rcrandall@azleg.gov; bkonopnicki@azleg.gov; ksinema@azleg.gov; bmiranda@azleg.gov; syarbrough@azleg.gov

Comma format:
efarnsworth@azleg.gov, adriggs@azleg.gov, kadams@azleg.gov, tchabin@azleg.gov, sgallardo@azleg.gov, rcrandall@azleg.gov, bkonopnicki@azleg.gov, ksinema@azleg.gov, bmiranda@azleg.gov, syarbrough@azleg.gov

List of members’ email addresses:

efarnsworth@azleg.gov
adriggs@azleg.gov
kadams@azleg.gov
tchabin@azleg.gov
sgallardo@azleg.gov
rcrandall@azleg.gov
bkonopnicki@azleg.gov
ksinema@azleg.gov
bmiranda@azleg.gov
syarbrough@azleg.gov

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

Copyright © 2008 Arizona Citizens Defense League, Inc., all rights reserved.[/align]
 

protector84

Regular Member
Joined
Oct 6, 2007
Messages
624
Location
Arizona, U.S.
imported post

I'm not sure since when it was illegal to open carry a holstered firearm in a vehicle without a permit. I got stopped and the gun wasn't even visible because of the jacket over it but a couple of inches of the holster were. I informed the cop andhe never asked anything about a permit and I made a point that I was actually OCing which he said he wasn't disputing. The law referring to a holster, glove compartment, etc. does not actually say it is illegal if your situation doesn't fall into those categories. It simply says that carrying without a concealed permit doesn't apply in those conditions. Regardless, basically any obvious attempt to open carry a weapon to which a reasonable person would see that you are not trying to conceal it is legal. If the law doesn't say it is illegal, it is legal. That is the way I see it.
 

mzbk2l

Regular Member
Joined
Mar 13, 2007
Messages
425
Location
Superstition Mountain, Arizona, USA
imported post

I don't think the issue is that the law says it's illegal; the issue is that there is case law that makes the statute less than clear. This bill is apprently intended to clarify the law's meaning so some activist judge can't change our firearms law.
 

bbvk05

Regular Member
Joined
Dec 6, 2007
Messages
59
Location
, ,
imported post

The case law does make the law unclear. That cop that let you slide with the partially covered holster could have just as easily arrested you (they sometimes teach 50% concealed is illegal in academies). Then there would be a decent chance you would be convicted. At the very minimum it would cost you thousands of dollars and a lot of your time and reputation.

The proposed law ensures that this kind of shenanigans does not take place w/ guns in the car anymore.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
imported post

Dear Mr. XXXXX:

Thank you for your email and comments concerning HB 2389. I am a
staunch 2nd
amendment supporter and defender. As the chair of the Judiciary
Committee, I
placed this bill on my agenda because I support it. We have to continue
to
defend our constitutional rights against those that work to deny those
rights.

Thank you again for your support.

Eddie Farnsworth
State Representative
District 22



This was just received from an AZ friend whom I had urged to act on this issue! I guess he did. You all have very nice legislators!



photo by Oleg Volk:
 

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ATCer

Regular Member
Joined
Feb 2, 2008
Messages
89
Location
Iraq
imported post

Not sure what the status of this bill is in AZ, but it is DEAD in WA!!! :celebrate
 
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