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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
carrying of firearms; constables
Purpose
Allows a constable or deputy constable to carry a firearm, both on and off duty and in the same manner as other certified peace officers, if the constable or deputy constable is in compliance with the Arizona Peace Officer Standards and Training Board (AZPOST) firearms requirements and has fulfilled all other requirements as prescribed.
Background
A peace officer must not be prohibited from carrying a firearm, except that if the peace officer is employed as a law enforcement officer in Arizona, the peace officer must be in compliance with the firearm requirements prescribed by AZPOST (A.R.S. § 38-1113).
Peace officers means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the Department of Public Safety, personnel who are employed by the Arizona Department of Corrections, Rehabilitation and Reentry and the Arizona Department of Juvenile Corrections and who have received a certificate from AZPOST as well as the following entities: 1) municipal, county and state prosecutors who annually pass a pistol qualifying examination that is approved by AZPOST for obtaining and maintaining peace officer certification requirements and that is conducted by an AZPOST recognized instructor or a national rifle association certified firearms instructor; 2) a person who is employed as a law enforcement officer by any state or political subdivision of any state of the United States or any Indian tribe and who is certified by an entity in that state, political subdivision or tribal government that is equivalent to AZPOST; and 3) a federally certified law enforcement officer (A.R.S. §§ 1-215 and 38-1113).
The duties of AZPOST include prescribing reasonable minimum qualifications for officers to be appointed to enforce the laws of Arizona and the political subdivisions of Arizona, and to certify officers in compliance with these qualifications. The qualifications must require U.S. citizenship, relate to physical, mental and moral fitness and govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of Arizona. AZPOST must constantly review the qualifications and may amend the qualifications at any time. AZPOST must also prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers (A.R.S. § 41-1822).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a constable or deputy constable, who meets all of the requirements, as outlined, to carry a firearm while on or off duty in the same manner as prescribed for other certified peace officers.
2. Adds, to the definition of peace officer, a constable or deputy constable who:
a) is not suspended from duty or charged with a felony offense;
b) is AZPOST certified or has completed an AZPOST approved firearms training; and
c) maintains annual firearms proficiency.
3. Specifies that a constable or deputy constable, unless waived by the Arizona Counties Insurance Pool or the county, must undergo a psychological examination.
4. Requires a constable or deputy constable to either:
a) possess a valid concealed weapon carry permit, issued as prescribed; or
b) complete an AZPOST approved background investigation.
5. Requires AZPOST to forward copies of all certificates of completion, permits and proficiency records to the Constable Ethics Standards and Training Board within 30 days after completion.
6. Specifies that allowing a constable or deputy constable to carry a firearm, both on and off duty, does not create a liability for a county unless the constable is performing their official duties.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the liability of a county for a constable or deputy constable, who is allowed to carry a firearm off duty and in the same manner as other peace officers, if the constable or deputy constable is compelled to act as a peace officer in order to protect life or property.
Governor's Veto Message
The Governor indicates in her veto message that she is concerned that H.B. 2617 would have expanded the authority of constables to carry off-duty, whereby some constables may choose to view themselves as having a duty to respond when off-duty.
House Action Senate Action
MAPS 2/13/23 DP 13-0-2-0 MAPS 3/15/23 DPA 5-1-1
3rd Read 2/28/23 31-28-1 3rd Read 5/9/23 16-14-0
Final Read 5/15/23 47-11-1-0-1
Vetoed by the Governor 5/19/23
Prepared by Senate Research
May 30, 2023
ZD/KS/sr