Second Regular Session S.B. 1102
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1102
(Reference to printed bill)
Page 8, lines 30 and 31, strike "a federal firearms licensee who" insert "any business that is authorized to receive and dispose of the article under federal, state and local law and that"
Line 44, strike "a federal firearms licensee who" insert "any business that is authorized to receive and dispose of the article under federal, state and local law and that"
Page 9, line 5, after "carry;" insert "civil penalty;"
Line 7, strike "The person"
Strike lines 8, 9 and 10, insert "The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and. If the person is in actual possession of the concealed weapon, the person shall present the permit for inspection to any law enforcement officer on request."
Strike lines 33, 34 and 35, insert:
"C. THE PERMIT OF A PERMITTEE WHO CARRIES A CONCEALED WEAPON AND WHO FAILS TO PRESENT THE PERMIT FOR INSPECTION ON THE REQUEST OF A LAW ENFORCEMENT OFFICER MAY BE SUSPENDED. IF A PERMITTEE’S PERMIT IS SUSPENDED AND THE PERMITTEE PRODUCES TO THE LAW ENFORCEMENT AGENCY A LEGIBLE PERMIT THAT IS ISSUED TO THE PERMITTEE AND THAT WAS VALID AT THE TIME THE PERMITTEE FAILED TO PRESENT THE PERMIT FOR INSPECTION, THE DEPARTMENT OF PUBLIC SAFETY SHALL RESTORE THE PERMIT IMMEDIATELY.
D. A PERMITTEE WHOSE PERMIT IS SUSPENDED PURSUANT TO SUBSECTION C OF THIS SECTION AND WHO, WITHIN SIXTY DAYS AFTER THE SUSPENSION, FAILS TO PRESENT TO THE DEPARTMENT OF PUBLIC SAFETY A LEGIBLE PERMIT FOR INSPECTION COMMITS A VIOLATION OF THIS SECTION AND IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN THREE HUNDRED DOLLARS.
E. A LAW ENFORCEMENT OFFICER SHALL NOT CONFISCATE OR FORFEIT A WEAPON THAT IS OTHERWISE LAWFULLY POSSESSED BY A PERMITTEE WHOSE PERMIT IS SUSPENDED PURSUANT TO SUBSECTION C OF THIS SECTION, EXCEPT THAT A LAW ENFORCEMENT OFFICER MAY TAKE TEMPORARY CUSTODY OF A FIREARM DURING AN INVESTIGATORY STOP OF THE PERMITTEE."
Reletter to conform
Page 10, between lines 23 and 24, insert:
"6. Has ever satisfactorily completed a firearms safety training program authorized by the department of public safety pursuant to subsection O, paragraph 1 of this section or has ever demonstrated competence with a firearm as prescribed by subsection O, paragraph 2, 3, 4, 5, 6, 7, 8 or 9 of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States. For the purposes of this paragraph, "adequate documentation" means:
(a) A certificate, card or document of completion from a firearms safety training program authorized pursuant to subsection O, paragraph 1 of this section, dated not more than five years earlier than the date of application, that has affixed to it the stamp, signature or seal of the instructor or organization that conducted the program, or a current or expired permit issued by the department of public safety pursuant to this section.
(b) An original or copy of a certificate, card or document that shows the applicant has completed any course or class prescribed by subsection O, paragraph 2, 3, 4, 5, 8 or 9 of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class.
(c) An original or a copy of a United States department of defense form 214 (dd-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training, or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection O, paragraph 6 of this section.
(d) An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection O, paragraph 7."
Page 10, line 28, after "true" insert ", that the applicant has been furnished a copy of chapters 4 and 31 of this title and that the applicant is knowledgeable about the provisions contained in those chapters"
Line 30, after "program," insert "any documentation prescribed by subsection F of this section,"
Line 41, strike "D" insert "F"
Page 11, line 5, after the period insert "For the purposes of this subsection, "receipt of the application" means the first day that the department has physical control of the application and that is presumed to be on the date of delivery as evidenced by proof of delivery by the united states postal service or a written receipt, which shall be provided by the department on request of the applicant."
Line 14, after "who" insert "is contacted by a law enforcement officer and who"
Line 16, strike ", or" insert a comma; strike "or instructors" insert "or instructors"
Line 18, after the period insert "A criminal justice agency or other entity shall not use the computerized permit record system to conduct random inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency or other entity has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop."
Line 36, strike "D" insert "F"
Page 12, between lines 13 and 14, insert:
"O. An applicant shall demonstrate competence with a firearm through any of the following:
1. Completion of any firearms training program that is approved by the department of public safety and that is conducted by instructors who are authorized by the department of public safety or who possess current national rifle association instructor certifications in pistol and personal protection and who submit to a background investigation, including a check for warrants and a criminal history records check.
2. Completion of any firearms safety or training course or class that is available to the general public, that is offered by a law enforcement agency, a junior college, a college or a private or public institution, academy, organization or firearms training school and that is approved by the department of public safety.
3. Completion of any hunter education or hunter safety course approved by the Arizona game and fish department or a similar agency of another state.
4. Completion of any national rifle association firearms safety or training course.
5. Completion of any law enforcement firearms safety or training course or class that is offered for security guards, investigators, special deputies or other divisions or subdivisions of law enforcement or security enforcement and that is approved by the department of public safety.
6. Evidence of current military service or proof 0f honorable discharge from the United States armed forces.
7. A valid current or expired concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state and that has a training or testing requirement for initial issuance.
8. Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.
9. Completion of any other firearms training that the department of public safety deems acceptable."
Reletter to conform
Page 12, strike lines 14 through 29, insert:
"P. If authorized pursuant to subsection O, paragraph 1 of this section, the organization on behalf of each of its instructors shall submit to the department of public safety two sets of fingerprints and a fee to be determined by the director of the department of public safety. On receipt of the fingerprints and fee, the department of public safety shall conduct a check of each instructor's criminal history record pursuant to section 41‑1750. The department of public safety may exchange this fingerprint card information with the federal bureau of investigation for federal criminal history record checks.
Q. The proprietary interest of all authorized instructors and programs shall be safeguarded, and the contents of any training program shall not be disclosed to any person or entity other than a bona fide criminal justice agency, except on an order from a state or federal court.
R. If the department of public safety rejects a program, the rejected organization may request a hearing pursuant to title 41, chapter 6, article 10."
Reletter to conform
Page 14, line 1, strike "belt"
Amend title to conform
RUSSELL PEARCE |