azdesertrhino
01-30-2006, 04:27 AM
HB 2075 needs your action today!
HB 2075 is in the House Judiciary committee and is scheduled for a
hearing this coming Thursday, February 2nd at 8:30 AM.
http://www.azleg.state.az.us/legtext/47leg/2r/bills/hb2075p.htm
We need to act NOW to get a favorable vote. A sample letter is
provided near the end of this Alert. We also encourage you to attend
the hearing and testify for the bill.
HB 2075 modifies ARS 13-3102 (Misconduct Involving Weapons),
Subsection A by making it an offense to carry a concealed weapon only
when there is intent to commit a "serious offense" or "violent crime."
HB 2075 removes the criminal offense for carrying concealed without a
permit, but only for law-abiding citizens. Real criminals are still
subject to arrest and prosecution. The CCW permit system is still in
place and available with its advantages for out of state
recognition/reciprocity and satisfying NICS requirements when
purchasing a firearm.
In 1994, two Appellate Court decisions, State v. Adams and State v.
Moerman (http://www.azcdl.org/html/educational.html (http://www.azcdl.org/html/educational.html),)), altered the
meaning of ARS 13-3102, Subsection F that says that a weapon is not
considered concealed under the following circumstances:
"?a weapon or weapons carried in a belt holster which holster is
wholly or partially visible, or carried in a scabbard or case
designed for carrying weapons which scabbard or case is wholly or
partially visible or carried in luggage."
"?a weapon or weapons carried in a case, holster, scabbard, pack or
luggage that is carried within a means of transportation or within a
storage compartment, trunk or glove compartment of a means of
transportation."
State v. Adams ruled that a gun in a vehicle is a concealed weapon
unless it is obvious from "ordinary observation" or "ordinary sight"
by a person outside the vehicle. If you are wearing a gun in your
vehicle or place it in your glove compartment, under the seat, in the
center console, etc., anyone in your vehicle, child or adult, near
enough to access your gun, could conceivably be arrested for carrying
concealed if they do not have a CCW permit.
State v. Moerman ruled that if you are carrying a weapon, it must be
obvious to a casual observer. "Partially visible" in ARS 13-3102,
Subsection F, is interpreted to mean "clearly visible." Same goes
for the weapon's case or holster ? it also must be obvious that you
are transporting a weapon. Wearing a gun openly on your right side
but talking to a law enforcement officer on your left side, where you
gun is not visible, could get you arrested if you don't have a CCW
permit.
If you are serious about restoring your rights, we need make sure
that HB 2075 is approved by the House Judiciary committee. Contact
the Judiciary committee members and let them know you want HB 2075 to
be favorably passed out of committee.
Information on Judiciary Committee members can be found here:
http://www.azleg.gov/CommitteeInfo.asp?Committee_ID=54
The following are the names and email addresses of each committee
member:
Eddie Farnsworth (R) - efarnswo@azleg.gov (Chairman)
David Burnell Smith (R) - dsmith@azleg.gov (Vice-Chairman)
Ray Barnes (R) - rbarnes@azleg.gov
Ted Downing (D) - tdowning@azleg.gov
Steve Gallardo (D) - sgallard@azleg.gov
Ben R. Miranda (D) - bmiranda@azleg.gov
Jonathon Paton (R) - jpaton@azleg.gov
Doug Quelland (R) - dquellan@azleg.gov
Steven B. Yarbrough (R) - syarbrou@azleg.gov
Committee members Downing, Gallardo and Miranda will most likely vote
against HB 2075. However the majority can be persuaded to vote for
HB 2075 if we show enough support. Success depends on YOU!
Chairman Farnsworth controls the committee agenda. He needs to hear
from you.
Personalize - send a separate email message to each committee
member. Include their name in the Salutation (Dear Representative
Name).
Below is a sample letter to cut-and-paste into an email message.
================================================== ==========
Dear Representative (Name):
The Arizona Citizens Defense League (AzCDL) has informed me that the
HB 2075 is under consideration by your committee. I urge you to vote
the bill out of committee with a recommendation for passage by the
full House
HB 2075 requires the intent to commit a serious crime before a person
can be charged for carrying concealed without a permit. Because of
two 1994 Appellate Court decisions altering the meaning of A.R.S. 13-
3102, Subsection F, law-abiding citizens risk arrest for carrying a
concealed weapon in ordinary circumstances without any criminal
intent:
? Passengers (children and adults) risk arrest when traveling
in a vehicle containing a weapon. This includes taxis, buses and
other means of conveyance (State v. Adams, 189 Ariz. 235, 941 P.2d).
? A law-abiding citizen without a CCW permit, but carrying a
gun "openly" (not concealed), can be arrested if their gun is not
obvious to the arresting officer (State v. Moerman, 182 Ariz. 255,
895 P.2d 1018).
Court decisions have placed non-weapon carrying citizens at risk of
arrest for being in the proximity of a weapon and have all but
eliminated the right to carry openly unless the gun owner has a CCW
permit. HB 2075 will restore the rights of the law-abiding while
still allowing law enforcement personnel to use permit-less concealed
carry as a tool to fight serious crime. The vast majority of
current "misconduct" arrests involving concealed weapons under A.R.S.
§ 13-3102 .A.1 & 2 are secondary offenses. HB 2075 will ensure that
Arizona is not wasting taxpayer money prosecuting otherwise innocent
individuals.
Again, I ask for your support and vote on this important legislation.
Sincerely,
Your Name
Street Address
City, AZ zip-code
(telephone number)
HB 2075 is in the House Judiciary committee and is scheduled for a
hearing this coming Thursday, February 2nd at 8:30 AM.
http://www.azleg.state.az.us/legtext/47leg/2r/bills/hb2075p.htm
We need to act NOW to get a favorable vote. A sample letter is
provided near the end of this Alert. We also encourage you to attend
the hearing and testify for the bill.
HB 2075 modifies ARS 13-3102 (Misconduct Involving Weapons),
Subsection A by making it an offense to carry a concealed weapon only
when there is intent to commit a "serious offense" or "violent crime."
HB 2075 removes the criminal offense for carrying concealed without a
permit, but only for law-abiding citizens. Real criminals are still
subject to arrest and prosecution. The CCW permit system is still in
place and available with its advantages for out of state
recognition/reciprocity and satisfying NICS requirements when
purchasing a firearm.
In 1994, two Appellate Court decisions, State v. Adams and State v.
Moerman (http://www.azcdl.org/html/educational.html (http://www.azcdl.org/html/educational.html),)), altered the
meaning of ARS 13-3102, Subsection F that says that a weapon is not
considered concealed under the following circumstances:
"?a weapon or weapons carried in a belt holster which holster is
wholly or partially visible, or carried in a scabbard or case
designed for carrying weapons which scabbard or case is wholly or
partially visible or carried in luggage."
"?a weapon or weapons carried in a case, holster, scabbard, pack or
luggage that is carried within a means of transportation or within a
storage compartment, trunk or glove compartment of a means of
transportation."
State v. Adams ruled that a gun in a vehicle is a concealed weapon
unless it is obvious from "ordinary observation" or "ordinary sight"
by a person outside the vehicle. If you are wearing a gun in your
vehicle or place it in your glove compartment, under the seat, in the
center console, etc., anyone in your vehicle, child or adult, near
enough to access your gun, could conceivably be arrested for carrying
concealed if they do not have a CCW permit.
State v. Moerman ruled that if you are carrying a weapon, it must be
obvious to a casual observer. "Partially visible" in ARS 13-3102,
Subsection F, is interpreted to mean "clearly visible." Same goes
for the weapon's case or holster ? it also must be obvious that you
are transporting a weapon. Wearing a gun openly on your right side
but talking to a law enforcement officer on your left side, where you
gun is not visible, could get you arrested if you don't have a CCW
permit.
If you are serious about restoring your rights, we need make sure
that HB 2075 is approved by the House Judiciary committee. Contact
the Judiciary committee members and let them know you want HB 2075 to
be favorably passed out of committee.
Information on Judiciary Committee members can be found here:
http://www.azleg.gov/CommitteeInfo.asp?Committee_ID=54
The following are the names and email addresses of each committee
member:
Eddie Farnsworth (R) - efarnswo@azleg.gov (Chairman)
David Burnell Smith (R) - dsmith@azleg.gov (Vice-Chairman)
Ray Barnes (R) - rbarnes@azleg.gov
Ted Downing (D) - tdowning@azleg.gov
Steve Gallardo (D) - sgallard@azleg.gov
Ben R. Miranda (D) - bmiranda@azleg.gov
Jonathon Paton (R) - jpaton@azleg.gov
Doug Quelland (R) - dquellan@azleg.gov
Steven B. Yarbrough (R) - syarbrou@azleg.gov
Committee members Downing, Gallardo and Miranda will most likely vote
against HB 2075. However the majority can be persuaded to vote for
HB 2075 if we show enough support. Success depends on YOU!
Chairman Farnsworth controls the committee agenda. He needs to hear
from you.
Personalize - send a separate email message to each committee
member. Include their name in the Salutation (Dear Representative
Name).
Below is a sample letter to cut-and-paste into an email message.
================================================== ==========
Dear Representative (Name):
The Arizona Citizens Defense League (AzCDL) has informed me that the
HB 2075 is under consideration by your committee. I urge you to vote
the bill out of committee with a recommendation for passage by the
full House
HB 2075 requires the intent to commit a serious crime before a person
can be charged for carrying concealed without a permit. Because of
two 1994 Appellate Court decisions altering the meaning of A.R.S. 13-
3102, Subsection F, law-abiding citizens risk arrest for carrying a
concealed weapon in ordinary circumstances without any criminal
intent:
? Passengers (children and adults) risk arrest when traveling
in a vehicle containing a weapon. This includes taxis, buses and
other means of conveyance (State v. Adams, 189 Ariz. 235, 941 P.2d).
? A law-abiding citizen without a CCW permit, but carrying a
gun "openly" (not concealed), can be arrested if their gun is not
obvious to the arresting officer (State v. Moerman, 182 Ariz. 255,
895 P.2d 1018).
Court decisions have placed non-weapon carrying citizens at risk of
arrest for being in the proximity of a weapon and have all but
eliminated the right to carry openly unless the gun owner has a CCW
permit. HB 2075 will restore the rights of the law-abiding while
still allowing law enforcement personnel to use permit-less concealed
carry as a tool to fight serious crime. The vast majority of
current "misconduct" arrests involving concealed weapons under A.R.S.
§ 13-3102 .A.1 & 2 are secondary offenses. HB 2075 will ensure that
Arizona is not wasting taxpayer money prosecuting otherwise innocent
individuals.
Again, I ask for your support and vote on this important legislation.
Sincerely,
Your Name
Street Address
City, AZ zip-code
(telephone number)