ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2764: sentencing; concealed weapons permit; surrender

Sponsor:  Representative Friese, LD 9

Committee on Military Affairs & Public Safety

Overview

Requires a defendant to surrender their concealed weapons permit (CWP) if the conviction makes the defendant a prohibited possessor or unqualified to possess a CWP.

History

The Department of Public Safety is required to maintain a computerized permit records system that is accessible to criminal justice agencies to confirm the CWP status of any person who is contacted by a law enforcement officer and who claims to hold a valid CWP by this state. Additionally, a criminal justice agency cannot used the computerized permit records system to conduct inquiries on whether a person is a CWP holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and is subject to a lawful criminal investigation, arrest, detention or an investigatory stop (A.R.S. § 13-3112).

Furthermore, if the court issues an order of protection and finds that the defendant is a credible threat to physical safety of the plaintiff or other designated persons, a defendant is prohibited from possessing or purchasing a firearm during the time of the order of protection. If the defendant is prohibited by the courts to possess a firearm, the court is required to order the defendant to transfer any owned or possessed firearms immediately after service of the order of protection to the appropriate law enforcement agency for the duration of the order of protection (A.R.S. § 13-3602).

Provisions

1.   Directs the court imposing a sentence to determine if the defendant possesses a CWP by accessing DPS's computerized permit record system. (Sec. 1)

2.   Mandates the defendant to surrender their CWP at the time of sentencing if the conviction makes the defendant a prohibited possessor or unqualified to possess a CWP. (Sec. 1)

3.   Requires the court to order the defendant's CWP revoked if the defendant does not surrender their CWP at the time of sentencing. (Sec. 1)

4.   Instructs DPS to locate the defendant and seize their CWP if the defendant does not voluntarily surrender their CWP to DPS within three business days after the CWP is revoked. (Sec. 1)

5.   Allows the court to have access to DPS's computerized permit record system for the purposes of confirming the CWP status of a person who is before the court for sentencing, subject to an order of protection or is contacted by a law enforcement officer and who claims to hold a valid CWP by this state. (Sec. 2)

6.   Prohibits the court from conducting inquiries on the computerized permit record system unless the court is sentencing a person or issuing an order of protection against the person. (Sec. 2)

7.   Directs the court to determine if the defendant possesses a CWP and to revoke the defendant's CWP if the court issues an order of protection and finds the defendant to be a credible threat to the physical safety of the plaintiff or other designated persons and prohibits the defendant from possessing or purchasing a firearm for the duration of the order. (Sec. 3)

8.   Requires the court to order the defendant to surrender their CWP to DPS within three business days after being served with the order of protection. (Sec. 3)

9.   Instructs DPS to locate the defendant and seize their CWP if the defendant does not voluntarily surrender their CWP. (Sec. 3)

10.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Secs. 1 and 2)

11.  Makes a conforming change. (Sec. 1)

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15.                    HB 2764

16.  Initials ES  Page 0 Military Affairs & Public Safety

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