ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
VETOED
FINAL AMENDED
FACT SHEET FOR S.B. 1629
misconduct involving weapons; classification.
Purpose
Reduces the penalty for carrying a concealed deadly weapon without a concealed carry weapon permit (CCW permit), with exceptions.
The Department of Public Safety (DPS) may issue a CCW permit to residents of Arizona or United States citizens who are at least 21 years old, are not under indictment for or been convicted of any felony in any jurisdiction, are not mentally ill or incompetent, are not unlawfully present in the United States and who satisfactorily complete a firearms safety training program.
Statute enumerates several offenses that can be classified as misconduct involving a deadly weapon, including carrying a concealed deadly weapon without a CCW permit on their person or in a vehicle. The current penalty for carrying a concealed deadly weapon without a CCW permit is a class 1 misdemeanor.
Statute defines a violent crime as any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument (A.R.S. § 13-604.04). A serious offense may include first and second degree murder, sexual assault, any dangerous crime against children, armed robbery or kidnapping (A.R.S. § 13-604).
There is no fiscal impact to the state General Fund associated with this legislation.
1. Reduces the penalty for a violation of carrying a concealed deadly weapon without a CCW permit from a class 1 misdemeanor to a petty offense, unless the violation occurs in the commission or attempted commission of a serious offense or violent crime, in which case it is a class 6 felony offense, or if it occurs in the commission of any other felony offense, in which case it is a class 1 misdemeanor.
2. Prohibits, notwithstanding any other provision of law, the forfeiture of a weapon from a person convicted of a petty offense for carrying a concealed weapon without a CCW permit.
3. Allows, notwithstanding any other law and except as prohibited, a peace officer to carry a firearm if the officer is in compliance with the Arizona Peace Officer Standards and Training Board (AzPOST).
4. Makes technical changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the decreased penalty for two acts of misconduct involving weapons.
Amendments Adopted by the House of Representatives
1. Establishes exceptions to the reduced penalty for carrying a concealed weapon without a CCW permit.
2. Prohibits forfeiture of a weapon for a petty offense conviction.
3. Specifies the authority of peace officers to carry firearms.
Governor’s Veto Message
The Governor states in her veto message that lawful gun owners who wish to carry concealed weapons should comply with laws regarding CCW permits and that people who fail to do so are lawbreakers by definition. She states that serious criminals often carry concealed weapons without the required permit, and she expresses concern that without tough penalties against such persons, law enforcement would be deprived of an important tool. The Governor concludes that the current penalties help keep citizens and law enforcement officers safe and that relaxing the penalties is not in the best interest of Arizona.
Senate Action House Action
JUD 2/12/07 DPA 4-2-1 HSPR 3/26/07 DPA 6-4-0-0-0
3rd Read 3/8/07 20-8-2-0 (on reconsideration)
Final Read 5/10/07 21-5-4-0 3rd Read 5/1/07 37-18-5-0
Vetoed by the Governor 5/16/07
Prepared by Senate Research
May 22, 2007
CEW/HO/ac