ARIZONA STATE SENATE
Forty-ninth Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1108/H.B. 2347
technical correction; children
(now: concealed weapons; permit)
Purpose
Makes changes relating to the carrying of concealed weapons without a concealed carry weapons (CCW) permit; requirements for obtaining a CCW permit; and the forfeiture of weapons under court order.
Background
Concealed carry weapons
Persons in Arizona may carry weapons without a CCW permit as long as the weapon is visible. If the weapon is in a holster or similar carrying case, the possessor does not need a CCW permit as long as the holster is completely or partially visible. However, Arizona law permits, with certain restrictions, a U.S. citizen to carry a weapon concealed if they have received a CCW permit. CCW permits apply to handguns and other lethal weapons, excluding pocketknives. Arizona is a “shall issue” state, which means the Arizona Department of Public Safety (DPS) may not deny a CCW permit application if the applicant meets all statutory requirements. Arizona law requires applicants to be: a) residents of Arizona or U.S. citizens; b) be lawfully present in the U.S.; c) be at least 21 years old; and d) satisfactorily complete a firearms safety-training program. Applicants must not be under indictment for, or convicted of, any felony in any jurisdiction, mentally ill or adjudicated mentally incompetent. An Arizona-issued CCW permit, with certain exceptions for the armed forces, is valid for five years and may be renewed every five years.
The required initial training course to obtain a CCW permit is eight hours in length, must be approved by the DPS Concealed Weapons Permit Unit (CWPU) and must address six issues: 1) the legality of use of deadly force; 2) weapon care and maintenance; 3) mental conditioning for the use of deadly force; 4) safe handling and storage of weapons; 5) marksmanship; and 6) judgmental shooting. The course is conducted on a pass/fail basis and is taught by approved instructors subjected to criminal background checks.
Forfeiture of weapons
A.R.S. § 13-3105 requires the court, upon the conviction or finding of incompetence, of any person for the violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by such person, to order the article forfeited and sold, destroyed or otherwise properly disposed.
There is no anticipated fiscal impact to the state General Fund.
Provisions
Misconduct Involving Weapons
1. Changes the classification of misconduct involving weapons by removing as a violation subject to a class 1 misdemeanor the carrying or transporting of a concealed deadly weapon without a CCW permit unless:
a) it occurs in the furtherance of a serious offense, violent crime or any other felony offense, in which case it is a class 6 felony.
b) the person, when contacted by a law enforcement officer, fails to accurately answer an inquiry by the law enforcement officer as to whether the person is carrying a concealed deadly weapon, in which case it is a class 1 misdemeanor.
c) the person is under 21 years of age, with specified exceptions, in which case it is a class 3 misdemeanor.
2. Specifies that if a person in possession of a firearm is contacted by a law enforcement officer, the officer may take temporary custody of the firearm for the duration of the contact.
3. Exempts from misconduct involving weapons violations related to the possession of a deadly weapon on school grounds a person who possesses a certificate of firearms proficiency and who is authorized under the Law Enforcement Officers Safety Act to carry a concealed firearm.
Concealed Carry Weapons
4. Requires a CCW permit holder to carry the permit at all times and present the permit for inspection to any law enforcement officer on request when the permittee is both required by any other law to carry the permit and in actual possession of the concealed weapon.
5. Specifies that DPS be notified of any such violations and immediately suspend the permittee’s permit, but that no conviction shall occur if the permittee produces a valid and legible permit to the court.
6. Removes as a petty offense the carrying of a concealed weapon by a permittee who fails to present the permit to law enforcement on request and subjects the permittee to a civil penalty not to exceed $300.
7. Prohibits a law enforcement officer from confiscating or forfeiting a weapon that is lawfully possessed by a permittee whose permit is suspended, except temporarily during an investigatory stop.
8. Requires applicants for a CCW permit to sign a statement attesting to the truth of the statements and that the applicant has been provided with, and is knowledgeable about, statutes relating to justification defenses and weapons and explosives.
9. Expands the ways in which CCW permit applicants can receive firearms safety training that demonstrates competency with firearms and for which adequate documentation of completion must be provided to include:
a) a firearms training program approved by DPS and conducted by instructors having specified certifications and who submit to a background investigation;
b) a firearms safety or training class available to the general public by a law enforcement agency, a postsecondary institution, academy, organization or training school approved by DPS;
c) any hunter education or safety course approved by Arizona Game and Fish or a similar agency of another state;
d) any National Rifle Association firearms safety or training course;
e) any law enforcement firearms class or course offered for security guards, investigators, special deputies or other divisions of law enforcement or security enforcement approved by DPS;
f) evidence of current military service or honorable discharge from the U.S. Armed Forces;
g) a valid concealed weapon, firearm or handgun permit or license issued by another state that mandates testing or training for initial issuance;
h) any governmental police agency firearms course and qualification to carry a firearm in the course of police duties; or
i) any other firearms training deemed acceptable by DPS.
10. Removes provisions establishing the requirements for organizations that provide DPS authorized firearms safety training.
11. Specifies that the DPS computerized permit record system be maintained and accessible by criminal justice agencies for the purpose of confirming the permit status of any person who is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state.
12. Prohibits a criminal justice agency or other entity from using the DPS system to conduct inquiries on CCW permittees unless reasonable suspicion exists that a person is carrying a concealed weapon during a criminal investigation, arrest, detention or investigatory stop.
13. Provides that a firearm or handgun permit issued by another state be recognized in this state if it is valid in the issuing state and the licensee is legally present in Arizona and not prohibited from possessing a firearm in this state.
Forfeiture of Weapons
14. Requires that, in accordance with federal, state and local law, a deadly weapon, dangerous instrument or explosive forfeited under court order be sold to any business authorized to receive and dispose of the article.
15. Stipulates that, unless otherwise prohibited by federal, state or local law, the authorized business must then sell the article to the public.
Miscellaneous
16. Defines adequate documentation, contacted by a law enforcement officer, controlled access and receipt of the application.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Amendments to S.B. 1108 Adopted by Committee
1. Adopted the strike-everything amendment.
2. Makes a technical change.
Amendments to S.B. 1108 Adopted by Committee of the Whole
1. Changes, from a class 3 to a class 1 misdemeanor, the penalty for failing to inform an officer that one is carrying a concealed deadly weapon when asked.
2. States a person commits misconduct involving weapons by carrying or controlling a concealed deadly weapon in the furtherance of a serious offense, violent crime or any other felony offense.
3. Specifies that if a person in possession of a firearm is contacted by a law enforcement officer, the officer may take custody of the firearm for the duration of the contact.
4. Removes the provision allowing a CCW permit holder to enter a public establishment or event carrying a deadly weapon unless it is a secured facility.
5. Amends the definition of contacted by a law enforcement officer.
Senate Action on S.B.1108 House Action on H.B. 2347
APPROP 03/08/10 DPA/SE 7-1-1-0 MAPS 02/03/10 DPA/SE 5-2-0-1
3rd Read 03/29/10 20-10-0-0 (S.B. 1108 was substituted for H.B. 2347
on 3rd Read.)
3rd Read 04/08/10 36-19-5-0
Signed by the Governor 04/16/10
Chapter 59
Prepared by Senate Research
May 4, 2010
GK/DPH/tam