No Permit Concealed Carry Now The Law In Arizona

[Rastus]

Way to go.  And I never said the poll was scientific either...   

http://news.yahoo.com/s/ap/20100416/ap_on_re_us/us_xgr_concealed_weapons_arizona_3
Arizona to allow concealed weapons without permit

By PAUL DAVENPORT and JONATHAN J. COOPER, Associated Press Writers Paul Davenport And Jonathan J. Cooper, Associated Press Writers – 49 mins ago
PHOENIX – Favoring the constitutional right to bear arms over others' concerns about gun safety, Gov. Jan Brewer on Friday signed into law a bill making Arizona the third state allowing people to carry a concealed weapon without requiring a permit.

The measure takes effect 90 days after the current legislative session ends, which likely puts the effective date in July or August.

"I believe this legislation not only protects the Second Amendment rights of Arizona citizens, but restores those rights as well," Brewer, a Republican, said in a statement.

Alaska and Vermont now do not require permits to carry concealed weapons.

By eliminating the permit requirement, the Arizona legislation will allow people 21 or older to forego background checks and classes that are now required.

Supporters say the bill promotes constitutional rights and allows people to protect themselves from criminals, while critics worry it will lead to more shootings as people with less training have fewer restrictions on carrying weapons.

Some police officials are concerned the law will lead to more accidental gun discharges from people untrained in firearm safety, or that shooters in stressful situations will accidentally strike innocent bystanders with stray bullets.

"I know a lot of 21-year-olds; the maturity level is gravely concerning sometimes," said El Mirage Police Chief Mike Frazier, an Arizona Association of Chiefs of Police board member. "If you're going to be carrying a weapon you should know what the law is and how to use it."

However, the measure was supported by police unions representing rank-and-file officers, who said their best friend on the streets is a law-abiding citizen equipped to protect themselves or others.

The police chiefs group initially opposed the bill but then took a neutral stance after some provisions were changed at their request. Brewer's office also participated in negotiations on changes to the bill.

A Democratic leader, Rep. Kyrsten Sinema, of Phoenix, said the bill deprives law enforcement of a tool "to separate good guys from the bad guys." With a permit requirement, police encountering a person with a concealed gun but no permit had reason to suspect that person was not a law-abiding citizen, she said.

The Arizona Citizens Defense League, a gun-rights group that lobbied for passage of the "constitutional carry" bill, said gun owners foregoing permits still should get training. "The heaviest thing about wearing a firearm is the responsibility that comes with it," the group said.

Arizona's permissive gun laws gained national attention last year when a man openly carried a semiautomatic rifle to a Phoenix protest outside a speech by President Barack Obama.

Nearly all adults can already carry a weapon openly in Arizona, and supporters of looser laws argue that gun owners shouldn't face additional restrictions just because they want to hide the weapon.

Currently, carrying a hidden firearm without a permit is a misdemeanor punishable by up to six months in jail and a fine of up to $2,500.

Forty-five other states require permits for hidden guns, and two states — Illinois and Wisconsin — prohibit them altogether.

Federal law requires anyone buying a gun from a licensed dealer to undergo a background check, but that requirement does not apply to sales by individuals who aren't dealers. Arizona's law won't change that.

Under the Arizona legislation, people carrying a concealed weapon will be required to tell a police officer that if asked, and the officer can temporarily take the weapon while communicating with the person.

More than 154,000 people have permits to carry a concealed weapon in Arizona.

The bill acted on by Brewer was the first attempt to lift the permit requirement to reach an Arizona governor's desk.

Brewer's predecessor, Democrat Janet Napolitano, in 2007 vetoed two related bills. One would have reduced penalties for carrying a concealed weapon without a permit. The other would have allowed a person without a permit to carry a gun largely concealed as long as any part of it or its holster was visible.

Brewer in 2008 signed into law a bill allowing a person with a permit to take a gun into a restaurant or bar serving alcohol as long as the establishment doesn't prohibit it and the person isn't drinking alcohol. Napolitano vetoed a similar bill in 2005.

[MikeBjerum]

Good move Arizona!  They have had no permit carry for years, and now no permit conceal.  I don't expect any real issues, even though some will try and trump them up, so now they can become the "poster child" for Rights nationwide!

[Fatman]

However, the measure was supported by police unions representing rank-and-file officers, who said their best friend on the streets is a law-abiding citizen equipped to protect themselves or others.

They got that right. Bloombergs's bloomers must be in a bunch over this...

[fullautovalmet76]

Though I live in Florida, I sent a message to the governor to sign the bill and am glad she did. Now we need to do the same here in FL....

[tombogan03884]

Just got this from Alan Corwin ;

http://www.bloomfieldpress.com/index.htm


http://www.gunlaws.com/books.htm

 

FOR IMMEDIATE RELEASE
Full contact info at end
April 16, 2010

 
Arizona Enacts "Constitutional Carry" For Firearms
"Freedom To Carry" may replace so-called "Right To Carry" nationally

 

by Alan Korwin, Publisher
Bloomfield Press
http://www.bloomfieldpress.com

 

 

PHOENIX -- With governor Jan Brewer's signature on the new "Constitutional Carry" firearm law today, Arizona becomes a beacon state for the nation on the gun-rights issue.

Arizonans, who have been free to carry firearms openly since statehood in 1912, will now be free to carry discreetly as well, without permits or red tape. Low-crime Vermont has had this freedom intact since Colonial days. The permit system remains in place but will no longer be required for discreet carry.

Alaska enacted a Constitutional Carry law in 2003, and Texas passed a limited version for traveling in 2007. Montana has enjoyed this freedom since 1991 on 99.4% of its land (outside city limits). These states experienced no increase in crime or accidents from the expanded freedom to discreetly bear arms in public. However, numerous dire warnings of "blood in the streets" preceded those new laws, but proved false. A list of circulating myths about the law, also known as "Freedom To Carry," appears at the end of this article.

Arizona's extremely strict laws on criminal misuse of firearms are unaffected by the new public freedoms, although a penalty for criminals got tougher. New language now makes concealed carry in the commission of a serious crime a felony. This led to support of the bill from police around the state. Formerly, that offense was a misdemeanor.

The intrusive government "permit" system in Arizona, introduced in 1994 with paperwork, approvals, fingerprinting, criminal-database listings, required classes, two mandatory tests, taxation and expiration dates to exercise "rights" is still available, but is now optional. Enormous police resources that could be going directly toward reducing crime have instead been diverted by the program into registering, regulating and tracking the innocent. About 3% of the public have signed up for the plastic-coated permission slips, though an estimated 50% of the state's population keeps and bears arms. Official sources acknowledge they get millions of dollars per year from the permit taxes called "fees."

"This new law brings rights restoration for the public, and an increase in freedom for law-abiding people," said Dave Kopp, a lobbyist for the Arizona Citizens Defense League that requested and promoted the new law. "The people have the same right to bear arms discreetly that they have to bear arms openly, we are simply correcting statute to reflect that. If your jacket accidentally covers your sidearm, that no longer exposes you to criminal penalties." A woman will be able to put a handgun in her handbag, go about her business, and not be subject to arrest.

The key changes in the law were made by repealing the infringing language in A.R.S. §13-3102, not by enacting new rules. A number of other changes were made in SB 1108, the bill that carried the Constitutional Carry law, and these will be described in plain English and posted by gunlaws.com next week. The new law will become effective 90 days after the legislature closes, or approximately in July.

"Opportunities for firearms training and gun safety can increase tremendously with this new law", said Alan Korwin, author of The Arizona Gun Owner's Guide, the book that describes the state's gun laws in plain English. "Instead of focusing on a tiny percentage of the market willing to submit to the permit system, smart trainers can now offer Freedom To Carry classes to the general public. We're anticipating Family Days At The Range and Constitutional Carry classes to spring up statewide," he said. Removal of the $60 tax for the permit represents a significant discount, he notes.

"We sold The Arizona Gun Owner's Guide by the truckload for five years before there was any CCW law, and expect to do the same now, though permit holders did become and will remain a segment of our business," Korwin said. The Guide is now in its 24th edition, and a free update will be released shortly. The book's publisher, Scottsdale-based Bloomfield Press, is the largest publisher and distributor of gun-law books in the country. http://www.gunlaws.com

The permission-slip system is unaffected and offers some advantages to citizens. Other states recognize the Arizona permit under "reciprocity," which allows permit holders to carry firearms when in those states (currently 23 according to the Dept. of Public Safety).

In addition, since permitees are constantly monitored through the criminal databases DPS registers them in, they can shop at retail for firearms without undergoing separate FBI background checks each time they make a purchase. Also, some people just get a sense of security by having a plastic government "authorization" card in their wallets, and they enjoy showing it to friends.

Another CCW-permit benefit is the ability to carry in restaurants that serve alcohol, as long as the restaurant itself doesn't ban possession and the person doesn't drink while there. Whether those various denials of rights will be eliminated in future legislation, making the general public equal to permission-slip holders, was unknown at press time.

Previously only people with government-permission cards in their possession could bear arms in certain parks. That ban was eliminated by a separate bill this year, which now makes permit holders and the general public equal.

According to MSNBC, some six million Americans have permits and carry discreetly. The fears of shootouts at stop lights, bullets for slow waiters and Wild West-style belligerence have been repeatedly proven false and dispelled as hoplophobic fantasies. Statistics have shown that crime uniformly drops when states reduce infringements on the right of law-abiding people to keep and bear arms. "Society is safer when criminals don't know who's armed," according to the California-based civil rights group, crpa.org.

Sales of small easily carried sidearms and accessories are expected to increase with passage of the new law.

 

--

 
COMMON MYTHS ABOUT CONSTITUTIONAL CARRY

 

Q: Why is the CCW permit being eliminated?

A: The CCW permit is not being eliminated -- that appears to have been misinformation designed to scuttle the bill. The permit system remains completely unaffected by Freedom To Carry. The permit, its advantages, the training, reciprocity schemes, the classes, fees and taxes are unchanged. That all remains voluntary as it always has been. Anyone who meets that law's requirements can apply. Shame on the "news" media that has repeatedly said otherwise.

 

Q: What's the difference between Constitutional Carry and Freedom To Carry?

A: There's no difference, they're just two names for the same thing. Constitutional Carry, the more formal term, comes from following the Arizona Constitution's provision that "The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired...". Freedom To Carry (no government interference with the right to arms) refers to the next step after so-called Right To Carry (massive government interference with the right to arms).

 

Q: If people can just carry guns, won't crime and gun problems skyrocket?

A: Half of Arizonans keep and bear arms now, without any of the CCW red tape and government supervision, and without any "skyrocketing" problems. Removing the requirement to only carry openly doesn't change who people are or how they act, it just restores their rights. Restoration of rights and becoming mentally unhinged are not related -- but the same arguments have been made everywhere CCW programs passed.

It's commonly recognized that some folks, especially people who lean left politically, do seem to equate discreetly bearing arms and becoming unglued. Decades of experience however provide no evidence of any such behavior. Those concerns have been repeatedly proven false and often turn out to be irrational fear mongering. Government permission slips for the exercise of rights have not turned people into homicidal maniacs. Restoring the right to discreetly bear arms will not change people into something they are not, and brings the state into proper compliance with its Constitution.

 

Q: Can anyone carry a gun?

A: Anyone who could legally carry a gun previously can legally carry under this law, no more, no less. "Prohibited possessors" -- criminals, illegal aliens and others forbidden to carry arms remain banned as always. The main change is that now a woman can put a handgun in her handbag without being subject to arrest for carrying discreetly without a government permission slip (and a man has equal right to carry a gun in any discreet manner -- under a sport coat or shirt, in a pocket or pants holster, fanny pack, attaché case, etc.)

 

Q: Training is a good thing, why was it eliminated?

A: Training is indeed a good thing and it is not eliminated. Anyone can and should take as much training as they want, which is voluntary. What has changed is that you are no longer forced to take government-mandated classes, registration and taxes before you can exercise your right to carry discreetly. This is the same formula working in Arizona since statehood for open carry (which includes concealed carry in your home, business, land, vehicle (with some minor conditions), and in a visible scabbard or case designed for carrying weapons, or in luggage. Now that the half of the public that bears arms can do so discreetly, many experts expect statewide gun training to flourish.

 

Q: Won't people shoot each other if they're not required to take the training?

A: Twelve states currently issue CCW permits without a training requirement and they're doing just fine. Half of Arizonans exercise their right to arms without government-demanded training and they're doing just fine. The idea that you're only safe if government requires training is statist, foolish and incorrect. That said, responsible people should get education and training for firearms—and swimming, machine tools, medical care, raising children, being married, owning a home, preparing food, writing articles, etc., without government mandates.

If government could require training for everything that has risk, your freedom would be evaporated and your government would be out of line. Government has no legitimate delegated authority in this country to be your nanny like that, or to require anything beyond the specific, limited delegated powers given to it in the Constitution and subsequent valid legislation. The fact that government has in many cases abandoned those constraints is part of why the Tea Party movement has gained such ground and, in some cases, driven the public out into the streets with pitchforks (figuratively).

Currently, 11 states issue carry permits without training and they're fine (AL, DE, GA, ID, IN, MD, MS, NH, PA, SD, WA). Because Arizona recognizes all other permits, many of our snowbirds have been carrying under those permits, without problems.

 

Q: Why are children of any age going to be allowed to carry guns to school?

A: That is total nonsense. No such thing occurs. The bill has no effect on children. That appears to be part of a misinformation campaign designed to scuttle the bill. There is no change as to who has the right to keep and bear arms. School grounds are unaffected by the law. That question is typical of similar lies and disinformation used to defeat and mislead the public about many good bills that seek to restore our civil rights. It's almost as bad as the lies told about blacks during the civil rights era of the 1960s. Almost.

 

Q: Will other states imitate Arizona and enact Constitutional Carry?

A: Many people hope so, and it has the backing of the gun-rights groups.

 

--30--

 

AFTERWORD: INSIDER INFORMATION:

There is one reason and one reason only why this got done --
The Arizona Citizens Defense League.

That small handful of guys running this group, the two full-time volunteer lobbyists Dave Kopp and John Wentling, and the thousands of members who supported the effort with their tiny membership dues are exactly and precisely why our rights have expanded.

It was a deliberate, conscientious, focused and tireless effort from what must be a candidate for the best pro-rights organization in the nation. Get your friends to join, send a donation or buy a t-shirt or hat, attend the meetings, and in your little way, make a difference and preserve our rights. http://www.azcdl.org

 

One other tidbit -- the NRA was rightfully nervous about this whole Freedom To Carry, permitless, no training, no red tape expansion of our rights. They dragged their feet at first, that's putting it mildly, and I can't say I blame them. An awful lot was on the line.

They wanted to be prudent. Limit exposure and risk. They have all their trainers to think about and that revenue stream. The chance of falling flat on your face in total embarrassment is a serious concern. The ease with which the antis might cast us as dangerous gun-toting (their media's favorite slur) nuts is a real issue.

I personally debated hard with some of the top brass, and to their credit, they finally agreed not to fight the effort in Arizona, and eventually saw the light and got on board. Some gun owners like to pick on the NRA, but the NRA is going to be at the forefront of this battle. The Constitutional Carry issue does make sense, for them and for us. It will be a winner in some states, maybe yours, and does advance everything for which NRA members stand.

Yes, some of those members, steeped in darkness, or hooked on the government-permit feed trough, believe that red-tapeless carry is a bad idea. They crave government supervision. They want that permission slip in their wallet. They'll learn, and come around. And continue to get fine training from NRA certified and other trainers because it's the right thing to do, not because the government commands it. Appleseed is doing a phenomenal job in the training arena too, check them out while you're at it. http://www.appleseedinfo.org

 --
P.S. ORAL ARGUMENT ANALYZED

I have finally completed the long-awaited analysis of the oral arguments in the McDonald v. Chicago gun-ban case. Both attorneys took a whupping, but I think our rights came out on top. Justices showed their true colors (like Breyer comparing free speech to death by gun). It's fascinating if you're into this sort of thing, and way easier than plodding through the transcripts. Sorry it took so long.
http://www.gunlaws.com/McDonald_v_Chicago_Orals.htm

--


NOTE: On my website at last -- The Woman's Page
http://www.gunlaws.com/books15Women.htm



All our books, DVDs and other goods are listed here by category and alphabetically
http://www.gunlaws.com/books.htm


Contact Felicity Bower or
Alan Korwin
Bloomfield Press
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

[Sponsor]

[twyacht]

Good for AZ, I wonder if McCain endorses it.

[PegLeg45]

FTA:

A Democratic leader, Rep. Kyrsten Sinema, of Phoenix, said the bill deprives law enforcement of a tool "to separate good guys from the bad guys." With a permit requirement, police encountering a person with a concealed gun but no permit had reason to suspect that person was not a law-abiding citizen, she said.

So I guess that whole 'innocent until proven guilty' thing never entered her mind?  

Anyway, Great news and congrats for the decent citizens of Arizona. I wish many more states would jump on the train.

[Walter45Auto]

Nice Going Arizona!

[Solus]

FTA:

A Democratic leader, Rep. Kyrsten Sinema, of Phoenix, said the bill deprives law enforcement of a tool "to separate good guys from the bad guys." With a permit requirement, police encountering a person with a concealed gun but no permit had reason to suspect that person was not a law-abiding citizen, she said.


So I guess that whole 'innocent until proven guilty' thing never entered her mind?  

Anyway, Great news and congrats for the decent citizens of Arizona. I wish many more states would jump on the train.

The solution to Rep Sinema's concern is simple.   Just require a permit to wear a white hat.  Then if you really want to help law enforcement, pass a law requiring everyone to always wear a hat.  Then law enforcement only needs to go arrest all the folks who don't have a white hat on.

[crusader rabbit]

And here's some more information about the recent changes to AZ law.

http://www.azcentral.com/news/election/azelections/articles/2010/04/16/20100416arizona-concealed-weapons-bill16-ON.html

Arizona Politics
Type Size: A A APrintEmailRetweet  Digg this.Arizona to allow concealed weapons without permit
Governor Brewer signs legislation into law
249 commentsby Alia Beard Rau - Apr. 16, 2010 03:46 PM
The Arizona Republic .
Starting later this summer, U.S. citizens 21 and older can begin carrying a concealed firearm without a permit in Arizona.

 Arizona immigration bill faces Senate vote Monday


Gov. Jan Brewer signed Senate Bill 1108 into law Friday afternoon. It eliminates the requirement for a concealed-carry weapons permit, but does require gun owners to accurately answer if an officer asks them if they are carrying weapon concealed. It also allows officers to temporarily confiscate a weapon while they are talking to an individual, including during a traffic stop.

"I believe strongly in the individual rights and responsibilities of a free society, and as governor I have pledged a solemn and important oath to protect and defend the Constitution," Brewer said in a news release. "I believe this legislation not only protects the Second Amendment rights of Arizona citizens, but restores those rights as well."

The law goes into effect 90 days after the Legislature adjourns for this session, which could happen in the next couple of weeks.

Arizona joins Vermont and Alaska in not requiring such permits.

"If you want to carry concealed, and you have no criminal history, you are a good guy, you can do it," bill sponsor Sen. Russell Pearce, R-Mesa, has said of his bill. "It's a freedom that poses no threat to the public."

National Rifle Association lobbyist Matt Dogali said the new state law would not violate any current federal requirements.

"There is no federal requirement for a permit or lack thereof," Dogali said.

The federal government oversees the background-check program required to purchase a weapon, which will still be required in Arizona in most cases.

Brewer last week did sign a separate law that exempts guns made and kept in Arizona from federal regulation, including background checks.

Arizona had 154,279 active permits as of April 4. Permit holders are spread across all ages, races and counties, but White males older than 30 in Maricopa and Pima counties hold the majority, according to the Arizona Department of Public Safety data.

The permits generated $1.8 million in revenue last fiscal year, according to DPS. The money is used to help cover costs for enforcing laws related to the Highway Patrol, operating the concealed-carry weapon-licensing program and impounding vehicles.

Arizona's permit process will remain in place, and many gun owners may still choose to get a permit. Permits would still be needed in order to carry a weapon into a restaurant or bar that serves alcohol. They would also be needed if an Arizonan wants to carry his or her gun concealed in most other states.

For those who do choose to get a permit, the education requirements do change under the new law. Classes are no longer required to be a set number of hours or include any hands-on use of the weapon. Those who don't get a permit would not be required to get any training or education.

Retired Mesa police officer Dan Furbee runs a business teaching permit and other gun safety classes. He said if most people choose not to get a permit, it will put several hundred Arizona firearms instructors out of business.

"It's going to hurt," he said.

But he said what really concerns him is that the new law will allow people who have had no education about Arizona's laws and no training on the shooting range to carry a concealed gun. The eight-hour class currently required to get a permit includes information on state law and gun safety, as well as requires students to be able to hit a target 14 out of 20 times. Furbee said his class at Mesa-based Ultimate Accessories costs $79, plus $60 for the five-year permit.

"I fully agree that we have a right to keep and bear arms," Furbee said. "But if you are not responsible enough to take a class and learn the laws, you are worse than part of the problem."

He said it's not uncommon for students to walk into his classroom and pull a new gun out of a box with no idea how to hold it and no understanding of the laws surrounding it.

"If you are going to carry a concealed weapon, you should have some kind of training and show that you are at least competent to know how the gun works and be able to hit a target," he said. "You owe the people around you a measure of responsibility."

This new law is the latest of several that have passed over the past year since Brewer took over the office from former Gov. Janet Napolitano, a Democrat.

Napolitano vetoed at least a dozen weapons bills that crossed her desk during her seven years in office, all of which would have loosened gun restrictions. In 2005, Napolitano rejected a bill that would have allowed patrons to carry loaded guns into bars and restaurants. In 2008, she also vetoed a bill that would have allowed people to have a hidden gun in vehicles without a concealed-carry permit.

In January 2009, Napolitano resigned to become U.S. Homeland Security secretary and Republican Secretary of State Brewer became governor.


During her first year in office, Brewer signed a bill allowing loaded guns in bars and restaurants, as well as another that prohibits property owners from banning guns from parking areas, so long as the weapons are kept locked in vehicles.