Assigned to JUD &                                                                                                                    FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2212

 

firearm possession; peace officers; definition

 

Purpose

 

Expands protections from firearm prohibitions to include peace officers from jurisdictions outside of Arizona.

 

Background

 

Current law provides that a peace officer cannot be prohibited from carrying a firearm if the peace officer is in compliance with firearm requirements prescribed by the Arizona Peace Officer Standards and Training Board (AZPOST), with certain exceptions (A.R.S. § 38-1113).

 

Statute defines a law enforcement officer as: 1) an individual, other than a probationary employee, who is certified by AZPOST, other than a person employed by a multi-county water conservation district; b) a detention or corrections officer, other than a probationary employee or juvenile detention officer, who is employed by the state or a political subdivision of the state; 3) a nonprobationary regularly appointed and paid deputy sheriff of a county; or 4) a nonprobationary regularly appointed and paid deputy sheriff of a city or town (A.R.S. § 38-1101). The statutory definition of peace officer includes sheriffs, constables, marshals, policemen, and several other law enforcement professionals with AZPOST certification, but none outside of Arizona (A.R.S. § 1-215).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Expands the definition of peace officer, for purposes of when that person cannot be prohibited from carrying a firearm, to include:

a)      a person employed as a law enforcement officer by any state or any state's political subdivision or any Indian tribe who is certified by an entity of that state, political subdivision or tribal government equivalent of AZPOST; and

b)      a federally certified law enforcement officer.

 

2.      Requires peace officers who are employed as law enforcement officers in Arizona to be in compliance with AZPOST firearm requirements to qualify for protections from firearm prohibitions.

 

3.      Makes technical and conforming changes.

 

4.      Becomes effective on the general effective date.

 

House Action

 

FRPPP            2/6/18     DP                6-3-0-0

3rd Read          2/15/18                        35-22-3

 

Prepared by Senate Research

March 20, 2018

JA/VR/lat