Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1101

firearms; detention officers

Purpose

            Allows certain active duty and retired law enforcement officers who are weapons qualified to possess a concealed weapon without a concealed carry weapons (CCW) permit.

Background

            Persons in Arizona may carry weapons without a CCW 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 so 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 that 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: 1) residents of Arizona or U.S. citizens; 2) be lawfully present in the U.S.; 3) be at least 21 years old; and 4) 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 the following 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.  In Arizona, persons who are active duty, AzPOST certified, federally credentialed peace officers, honorably retired federal, state or local peace officers with a minimum of ten years of service, or active duty county detention officers who have been weapons certified are exempt from the initial firearms safety training requirement to obtain a CCW permit.

            Laws 2009, Chapter 182 excluded the following persons from misconduct involving weapons charges as a result of carrying a concealed deadly weapon without a permit: 1) a member of the sheriff’s volunteer posse or reserve organization who has received and passed firearms training that is approved by AzPOST and who is authorized by the sheriff to carry a concealed weapon; and 2) an individual who has honorably served as a law enforcement officer in the U.S. for at least ten consecutive years and who can produce law enforcement photographic identification stating this service.  Additionally, the following people do not commit misconduct involving weapons while carrying a concealed weapon without a CCW on their person in specified circumstances: a) community correctional officers, detention officers, special investigators and correctional officers of the Department of Juvenile Corrections; b) authorized members of a sheriff’s volunteer posse who meet specified criteria; and c) persons who have honorably served as a law enforcement officers in the U.S. for at least 10 consecutive years who can provide photographic evidence of this service.

            There is no anticipated fiscal impact to the state General Fund.

Provisions

1. Exempts from violations related to the carrying and transporting of a concealed weapon without a CCW permit a person who is:

a) an active duty city, town or county detention officer and who is weapons qualified by the officer’s employing agency; or

b) a retired city, town, county, state or federal law enforcement officer, corrections officer or detention officer and who was weapons qualified at any time by the officer’s employing agency;

2.  Removes the requirement that a person must have honorably served as a law enforcement officer in the U.S. for at least ten consecutive years and possess photographic identification or a letter stating this service.

3. Requires the law enforcement agency that most recently employed the person, or if the person was employed outside of this state the sheriff of the county in which the person resides, to issue photographic ID or a letter verifying the person’s service upon request.   

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Applies the CCW violation exemption to any retired city, town, county, state or federal law enforcement officer.

2. Requires the law enforcement agency that most recently employed the person, or if the person was employed outside of this state the sheriff of the county in which the person resides, to issue photographic ID or a letter verifying the person’s service upon request.   

Senate Action

JUD     1/25/10            DPA 4-2-1-0

Prepared by Senate Research

January 27, 2010

GK/DPH/tam