Arizona Gun-Law Updates 2011
The Arizona Gun Owner's Guide
All the gun laws in plain English
The Arizona Gun Owner's Guide
Changes to Edition 24 that appear in Edition 25
July 20, 2011
Permission to circulate is granted -- and encouraged!
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SIX MAJOR GUN BILLS SIGNED BY AZ GOVERNOR
27 specific changes to AZ gun law.
All anti-rights bills defeated,
two pro-rights bills were vetoed.
Basically, the state did very well if you're a rights supporter.
by Alan Korwin, Author
The Arizona Gun Owner's Guide
Gun Laws of America
After You Shoot
ARIZONA GUN-LAW UPDATE FOR 2011
Changes to the 24th Edition (2010)
of The Arizona Gun Owner’s Guide (AGOG)
These will be incorporated in the 25th edition when it is released.
This early-release non-final update info is now going through a review process.
An insert for existing books will be available here.
These new laws took effect on July 20, 2011.
SB1469 • CH353 • Justification for the Use of Deadly Force Is Enhanced
Justification for defending a third person (§13-406) is simplified by eliminating a redundant requirement that a reasonable person would believe action is immediately necessary. This is already covered since you can only act under the same circumstance as if it was you and not a third person who was threatened, which includes "immediacy." §13-411 is amended to make clear that actions taken in using force for crime prevention are presumed to be reasonable if you (and therefor not a third person) reasonably believe the actions are needed to prevent an actual or imminent crime.
The Castle Doctrine presumption of reasonableness (§13-419) is enhanced. You are presumed to be acting reasonably (under the use of force justification laws §13-404, 405, 406, 407, 408, 418 and 421) if you believe the threat or use of physical or deadly force is immediately necessary, and you know or believe that the person you use or threaten the force against is unlawfully or forcefully entering or has unlawfully or forcefully entered, and is present, in your residence or occupied vehicle. The phrase “and is present” is new, and limits the Castle Doctrine. A new paragraph is added to clarify that a person who enters or attempts to enter under those conditions is legally presumed to pose an imminent deadly threat to any person in the residence or vehicle, strengthening your legal footing and getting tougher on perps. In cases where use of force would not be justified, the law is amended to make clear that threatened use of force would not be justified either.
HB2146 • CH85 • DPS Is Removed from CCW Class Process
This amends the main CCW law, §13-3112, to make it clear that you only need to carry your CCW permit if it's required by §4-229 or §4-244 (in places that serve alcohol). Failure to show the permit to a law-enforcement officer, in a liquor-licensed place, if asked, while armed, suspends the permit and risks a $300 fine. This can be fixed however by showing your permit later to a court, if it was valid at the time, with no other repercussions.
This bill also repeals the burden DPS was under to approve CCW training courses, schools and instructors, all of which are now well-defined by law with no further bureaucratic review needed. A course that uses instructors certified by the NRA is added to the long list of training that qualifies a person for a permit. DPS-approved classes remain valid as well. The subsections after “N” are renumbered. Any suitable training you may have had at any time is valid -- training no longer has an expiration date -- though constant training is a good thing and encouraged, see http://www.TrainMeAz.com.
HB2645 • CH304 • Restoration of Rights in Mental Health Cases, and LEOSA
Amends §12-2101 so you can petition the Arizona court of appeals to restore your right to possess a firearm under §13-925. That section, add by this bill, describes the complex process for filing such a petition, which the court must act upon, if you have lost your right to arms under state law §13-3101(A)(7)(a) or federal law 18 USC §922(d)(4) or (g)(4). Psychological, psychiatric and criminal evidence must be presented, which the court must consider, along with reputation, whether you are a self danger or danger to others, and anything else the court deems relevant. You must prove by clear and convincing evidence that you’re unlikely to represent a danger, and that restoring your rights is not contrary to the public interest.
If the court finds in your favor, the original order is deemed not to have occurred, but only the right to possess a firearm is restored and “does not apply to and has no affect on any other rights or benefits the person receives.” It’s unclear how that might affect purchase, permits, use, transfer and other abilities. The court must notify DPS, and DPS must notify the federal background check NICS system that you’re no longer a prohibited possessor. §13-4441 is added to guarantee you the right to be present and be heard at any related hearing, and if you ask the state attorney, you must be notified at least five days in advance of any hearing.
This bill also amends §38-1102 to clarify that AZPOST-compliant retired peace officers can carry firearms, except as provided under 38-1102(C)(1, 2, 4, 5, 6, 7 and 8). Retired peace officer is defined. Active, retired and off-duty police continue to enjoy expansion of their national right to carry, while the public, constitutionally entitled to and promised this restoration while the police bill was being debated and enacted, continue to be left out in the cold.
HB2006 • CH276 • Range Management, Game Refuge Gun Ban Repealed
To clarify responsibilities, a law adopted in 2011 requires the Arizona Game and Fish Commission to adopt rules relating to operations at public shooting ranges run by and under the jurisdiction of AGFC. This includes hours of operation, use fees, regulation of groups and events, operation of related range facilities, types of firearm and ammunition that may be used, safe handling of firearms at the range, required safety equipment for anyone using the range, sale of firearms, ammo and shooting supplies at the range, and authority of range officers to enforce the rules, including removal of violators from the premises and denying access for repeat offenders.
This bill also repealed §17-305, a ban on bearing arms in a game refuge. Poaching is still prohibited of course, but the simple act of bearing arms is no longer prohibited, closing another dangerous so-called make-believe gun-free zone. Learn more about the negligence of make-believe gun-free zones -- http://www.gunlaws.com/GFZ/index.htm
SB1334 • CH349 • Hunting Authority Clarified, Power Granted to Cities
§13-3107 is amended to clarify that shooting within city limits is OK if it is done to legally hunt during an open season as defined and as limited by the Arizona Game and Fish Dept. and state law. The power a police chief once had to approve or declare it unsafe is removed, avoiding confusion and conflicting commands. §13-3108 is amended to prevent any political subdivisions from limiting hunting as defined by AGFD, but political subdivisions can enact their own essentially redundant rules that are consistent with AGFD.
Cities, towns and counties can now also adopt rules to restrict shooting within a quarter-mile of an occupied structure, which is a major change, since this distance limit formerly only applied while hunting, and appears to be an oversight. In addition, the apparently unqualified language includes no limitations for justifiable discharge, such as self defense, defense of a third person, defense against animal attack, or for shooting at legitimate ranges: §13-3107(B)(3) "This paragraph does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure.” Although this language appears to relate to the hunting laws, and conflicts with an earlier part of the same statute, i.e., (C)(1) and (C)(2), and appears in slightly different form in 13-3108(E) (referring to a subsection instead of a paragraph), gun laws frequently appear in strange places and have full effect, e.g., gun bans in the tax code, etc.
SB1610 • CH313 • Official State Firearm
Following the lead of Utah, which declared the classic John M. Browning-designed M1911-model .45-caliber sidearm as the official state firearm, Arizona has established the Colt Single-Action Army Revolver as the official state firearm, with a new statute, §41-860.02.
SCR1020 Frivilous Lawsuit Protection
This resolution places a Constitutional Amendment on the Arizona ballot in 2012, to prevent frivolous lawsuits against crime victims, by felons harmed during the commission of a crime. A crime victim would not be subject to a claim for damages by a perpetrator harmed while attempting or engaging in, or fleeing from conduct that is a felony offense. It should be noted that using force against a person who is fleeing is usually not legal and could attract criminal charges, but if this resolution passes, would not allow further civil damages by lawsuit from the perp, if the concept holds up in court.
These basically excellent new laws were enacted by the coordinated actions of AzCDL (the local grassroots gun-rights group) and ASRPA (the state NRA chapter, founded in 1909). If you’re not already a member, it’s time to join, so this important work can continue next time around.
Arizona Citizens Defense League
Arizona State Rifle and Pistol Association
And of course, NRA, GOA, SAF, JPFO, SAS, NSSF and more
Permission to send this memo around GRANTED.
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MORE CHANGES FOR 2011
The following additional changes to gun law were detected by analyzing the Table of Statutes Affected (TOSA) for 2011. TOSA came out quickly this year, it used to take months to be completed and posted. Lobbyists are generally not involved in these changes, but your gun laws sure are, and sometimes these take people by surprise, so-called "under the radar" gun laws (e.g., this year, improved hunter trespass protection for landowners in HB2623, or range exemptions for authorities that the public cannot enjoy, in SB1505). Some seem minor but are needed to make Appendix D of The Arizona Gun Owner's Guide accurate and up to date. The statute correction process of the Legislative Council office is likely to make other minor adjustments later, as conflicts in numbering, grammar and other refinements are detected and changed in the future.
§4-229 • SB1460 • CH165 •
Liquor-licensed establishments can post as many no-gun signs as they wish (but still must be properly posted to ban entry by CCWs). TOSA
§13-105 • HB2353 • CH90 •
"Historical prior felony conviction" is expanded, and now means "involved in a dangerous offense"; it used to mean "Involved the use or exhibition of a deadly weapon or dangerous instrument."
§13-105 • HB2405 • CH114 •
Renumber all items after 22. Include definitions in AGOG for "possess," "possession," "unlawful," previously absent. TOSA
§13-701 • SB1621 • CH33 •
A sentencing citation is added to "A." Add definition of stun gun to (D)(22), previously absent. TOSA
§13-1204 • HB2353 • CH90 •
Tweak grammar, add public defender to protecteds list, change sentencing for knowingly assaulting LEO by adding new "C", subsequent renumbering. TOSA
§13-2308.01 • HB2353 • CH90 •
Increase sentence for certain acts of terrorism.
§13-3101 • HB2353 • CH90 •
Change "himself" to "self," change cite in (7)(d) from "4" to "4.1".
§13-2308.01 • SB1484 • CH326 •
Renumber, "C" is now "D". TOSA
§13-3102 • SB1505 • CH211 •
New graf "I" exempts nuclear-plant guards from certain restrictions on firearms possession, renumber subsequent grafs. TOSA
§17-101 • HB2358 • CH282 •
Defines "firearm" as a "device," for purposes of AGFD statutes, previously absent. TOSA
§17-340 • HB2358 • CH282 •
Grammar only, change "Upon" to "On". TOSA
§17-304 • HB2623 • CH202 •
Grounds for criminal trespass charge while hunting on private land is adjusted, requiring all properly posted signs to say "No Trespassing" or (this is new) the person knowingly remains unlawfully on real property after a reasonable request to leave by the person lawfully in charge of the land, or the person knowingly disregards reasonable notice at the entry. TOSA
§17-602 • SB1505 • CH211 •
Military and armed-nuclear-plant-guard outdoor ranges are exempt from noise standards for other ranges. TOSA
§17-604 • SB1505 • CH211 •
Nighttime restrictions on outdoor ranges do not apply to armed-nuclear-plant-guard ranges. TOSA
And finally, I'm looking into a variety of federal odds and ends that have come to my attention --
Read about these in detail here.
FBI position on medical marijuana as it relates to gun rights
-- It's unclear at present if MedPot license holders jeopardize their RKBA
U.S. Forest Service "orders" for shooting (and not shooting) on public lands
-- Order #12-08-234R, 6/18/09
BATFE's self-enacted non-law for long gun registration in border states
New federal LEOSA clarification statute for law-enforcement officers
-- P.L. 111-272
The Heller and McDonald case summaries for state law effects
-- Individual and state's rights both improved in these Supreme Court cases
Federal HR627 dropping gun bans in National Parks and Wildlife Refuges
-- Actually places state laws above federal laws, leaving state carry and possession rules to dictate conditions on these federal lands, a really good start.
National Defense Authorization Act for 2011
-- "The legislation includes several provisions developed by NRA-ILA and pro-Second Amendment members of Congress, which will provide practical benefits to gun owners, while generating revenue for military bases, and protect the privacy and Second Amendment rights of gun-owning military personnel and their families and civilian employees of the Department of Defense."
Importation of Regular Pocket Knives
-- Customs Dept. attempted to ban importation of knives that can be opened with one hand, which make up 85% of all knife sales. Remember, the Second Amendment protects "arms," which includes blades, learn more:
Our "friends" in government sure do keep me busy.
What good are your rights if you can't tell what they are,
or if they change so frequently that no human can be expected to keep up?
That's a paraphrase from James Madison, who said it two centuries ago.
Look here at my newest material,
and you'll support your rights
and my efforts to keep you and
your friends and family informed.
"In any advanced society, civil servant is a euphemism for civil master."
Some good pro-rights bills were vetoed by governor Brewer:
SB1467 Would have eased bans on Campus Carry
SB1202 Would have secured government buildings by replacing make-believe gun-free zones created with wall signs, with enforceable gun-free zones using secured perimeters, controlled access and egress, and metal detection and armed guards at entry points.
All anti-rights bills were stopped:
HB2691 Would require certain broadly defined “high caliber” multiple gun sales to be reported to DPS
HB2711 Would ban normal capacity (over 10 round) magazines
SB1060 Would broadly define private sales as racketeering, effectively ending them
SB1586 Would require NICS checks on any private gun sale at broadly defined “firearm show”
SB1587 Would expand definition of schools (K thru 12) to include colleges and universities, increasing places where guns are banned
SB1588 Would criminalize possession of any deadly weapon in any state building, including both wings of the state legislature
All of these bad anti-rights attempts were prevented by the coordinated actions of AzCDL and ASRPA (the state NRA chapter). If you’re not already a member, it’s time to join, so this important work can continue next time around. Click their links to learn more. Do it.
Our gun laws got better this year thanks to the tireless work of the National Rifle Association, the Arizona Citizens Defense League, the Arizona State Rifle and Pistol Association and the concerned citizens who back them up. You want to help defend your rights? Join. Or rejoin. Or upgrade your membership. At least get on their free alerts list.
Sign up for my free alerts and news:
Get our free 32-page full-color catalog for 2011 -- just send a street address and we'll mail you one at no cost, full of cool new stuff -- DVDs, books, even "Disarm Criminals First" buttons you can't get elsewhere. mailto:firstname.lastname@example.org
Check this out -- "Neal Knox: The Gun Rights War" --
For four decades your rights have been safeguarded by this man. His son Chris completed the ultimate collection of Neal's work, including never before seen essays. You've read his columns in Shotgun News, seen him at NRA meetings (he was the #2 man), now you can own the heart of his work, fabulous reading about guns, gear, and an insider's fight for the right to keep and bear arms. Only $24.95, at least take a look:
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because he could do only a little."
Copyright 2011 Alan Korwin All Rights Reserved
Encourage politicians to pass more laws...
with expiration dates.