ARIZONA STATE SENATE
Forty-ninth Legislature, Second Regular Session
REVISED
FACT SHEET FOR S.B. 1102
concealed weapons; permit; justification
Purpose
Makes changes relating to the carrying of concealed weapons without a concealed carry weapons (CCW) permit; the forfeiture of weapons under court order; and the defensive display of firearms.
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 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 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.
Defensive Display of a Firearm
Laws 2009, Chapter 183 created a justification for the defensive display of a firearm by a person against another to the extent a reasonable person would believe that physical force is immediately necessary to protect oneself against use or attempted use of unlawful physical or deadly force. Defensive display of a firearm includes: a) verbally informing another that the person possesses or has a firearm available; b) exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another’s use or attempted use of unlawful or deadly physical force; or c) placing the person’s hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.
There is no anticipated fiscal impact to the state General Fund.
Provisions
Concealed Carry Weapons
1. Removes the requirement that a person carrying a concealed weapon on their person also carry a CCW permit and that the person present the permit to a law enforcement officer on request.
2. Prohibits the suspension of a CCW permit by DPS for a failure to carry the permit while in possession of a concealed weapon.
3. Exempts, from a petty offense, a permittee who carries a concealed weapon and fails to present it on the request of a law enforcement officer.
4. Requires CCW permits to contain the permittee’s full legal name, ethnicity, sex, height, weight, hair color and eye color, the permit issuance date and the permit expiration date.
5. Removes the requirement that a CCW permit applicant have completed a firearms safety training authorized by DPS and that the applicant submit a certificate of completion form with their permit application.
6. Removes statutory provisions relating to the requirements for the authorization of firearms safety training organizations and their instructors by DPS.
7. 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.
Unlawful possession or carrying of a firearm
8. Classifies, as a petty offense, knowingly carrying, transporting or having within one’s immediate control a concealed firearm by a person who is under twenty-one years of age.
9. Exempts from a petty offense for unlawful possession or carrying of a firearm: a) a person in his dwelling, on his business premises or on real property owned or leased by that person or a dwelling, business or property owned or leased by that person’s parent, grandparent or legal guardian; b) a member of the U.S. military forces or any U.S. state in the performance of official duties; or c) a person specifically licensed, authorized or permitted under federal or state law.
10. Specifies that these requirements do not apply to a firearm carried in: a) a manner where any portion of the firearm or holster in which it is carried is visible; b) a belt holster that is wholly or partially visible; c) a scabbard or case designed for carrying weapons that is wholly or partially visible; d) luggage; or e) a case, holster, closed purse, scabbard, pack or luggage carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
Misconduct Involving Weapons
11. 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.
12. Allows a CCW permit holder to enter a public establishment or attend any public event carrying a deadly weapon, except as prohibited by law, unless the establishment is a secured police facility.
13. Exempts from misconduct involving weapons violations related to the possession of a deadly weapon on school grounds: 1) a loaded firearm if it is carried within a locked means of transportation and not visible from the outside of the vehicle; or 2) a firearm by 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.
Forfeiture of Weapons
14. Requires that a deadly weapon, dangerous instrument or explosive forfeited under court order be sold to a federal firearms licensee who must, unless the sale is prohibited under federal or state law, sell the article to the public.
Defensive Display of a Firearm
15. Adds defensive display of a firearm to the acts that justify the threat or use of deadly physical force against another.
16. Provides that the standard of reasonableness used in the defensive display of a firearm, in cases of domestic violence, is the state of mind of a person who has been a victim of past acts of domestic violence.
Miscellaneous
17. Defines controlled access and secured facility.
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Revisions
Prepared by Senate Research
January 27, 2010
GK/DPH/tam