A bill that would eliminate the requirement for Arizona residents to have a permit in order to carry a concealed weapon in Arizona passed both houses of the Arizona Legislature and was transmitted to Governor Jan Brewer last week. The governor has 5 days to sign or veto the law. If at the end of 5 days she has not signed or vetoed the legislation, the bill will become law without her signature.
The new law would take effect 90 days after the close of the current legislative session. Since the legislative session usually ends in late June, this would mean the law would not actually take effect until sometime in late September.
Arizona's Senate Bill 1102, later changed to Senate Bill 1108, makes sweeping changes to the current law that requires an Arizona resident to possess a concealed carry permit in order to carry a concealed firearm. Arizona has traditionally been what is described as an "Open Carry" state where citizens may carry a firearm openly anywhere it is legal to have a firearm.
In order to carry concealed in those same places, residents needed to have a "CCW permit" which was obtained by taking an 8 hour training course, qualifying with a firearm and passing a criminal background check. This law would eliminate the permit requirement but not the permit program.
The key element in the new law is that a concealed carry permit is not necessary "unless required by any other law". For example, to carry a concealed firearm in a restaurant that serves alcohol on the premises, Arizona law requires that you have a concealed weapons permit and that you not consume alcohol. Anyone wishing to carry a concealed firearm in another state will need an Arizona CCW permit in order to have reciprocal privileges outside of Arizona.
Residents will still be able to get a CCW permit by taking a course that meets the requirements of the new law and submitting an application to the Arizona Department of Public Safety. Courses that will satisfy the requirement include any NRA course, any approved Hunter Safety course or a course from an approved CCW instructor.
The courses offered by CCW instructors would probably be the best bet since they are specifically geared towards concealed carry and most instructors provide the application and fingerprinting service as part of their courses.
Opponents of the law feel that the current CCW process is a good one and has worked well for over 14 years. Most feel that the minimal safety and marksmanship training requirement and education in the laws relating to the use of lethal or physical force in self defense are important for anyone carrying a concealed firearm.
Advocates of the new law argue that Second Amendment rights should not be constrained by concealed carry laws. They also point to the fact that in 12 states across the US, concealed carry permits are issued without any training requirement or background check. They further argue that criminal penalties associated with concealed carry can result in severe penalties for people that might inadvertently cover their firearm while carrying openly.
If signed into law, Arizona will become the third and the most heavily populated state to adopt 'constitutional concealed carry'. Currently only Alaska and Vermont permit concealed carry without a permit.
Comments
This is the clearest and most understandable article on this subject I have read. Thank you for getting the facts straight. It really helps.
Not a bad article. My question is what if she doesn't sign the bill? Will the law still go into effect
Re-read the first paragraph. The last line answers your question.
Thanks for the great article. BTW, my desire to have lunch at a JB's the other day was aborted when my eyes saw a "no weapons allowed" law on their front door. No lunch there that day. My email to www.jbsfamily.com, describing the above & then saying "you don't want my gun, you don't want my money", got a reply from them, saying "It was an old sign, we're taking steps now to remove it, and we look forward to serving you in the future".
Good for you. I tell the owners or managers of every establishment that posts a "no weapons allowed" sign that law abiding people like you and I who carry are the only ones who will obey their silly sign or take our business elsewhere. I remind them that the dirt bag whose bent on committing violent crimes in their establishments love all those "no weapons allowed" signs because it assures these cowards they'll be "safe" when they go on their rampage.
spot on, I send an e-mail to chipolte every week and I encourage my fellow co-workers to do the same. They too have that silly little sign... Law Abiding citizen = guilty for carrying CCW... absurd!
Jake,
During the active legislative session, if the governor does not sign or veto the legislation within 5 days of its passage, it becomes law. If the legislation were to be transmitted after the close of the session, she has 10 days to sign or veto. If she does neither it becomes law without her signature. Sorry for the omission...
Sorry, but the article didn't QUITE get all the facts right. No federal law requires a state issued permit if you wish to carry concealed in a national park.
See tinyurl.com/mh4oe3
It's about time.
Mr. Bowman is correct. Under the amendment included as part of the Credit Card Protection and Accountability Act, the law provides that an individual may be in possession of a firearm if 1) the individual is not otherwise prohibited by law from possessing the firearm; and 2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge is located. SO...between now and the end of September, you DO have to have a CCW permit. After the new law takes effect you do not.
I regret the lack of clarity in the article.
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