ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2316: misconduct involving weapons; public places

Sponsor: Representative Kavanagh, LD 23

Committee on Government & Elections

Overview

Expands public areas and events in which misconduct involving weapons would not apply.

History

A person commits misconduct involving a weapon by knowingly carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation among other statutorily prescribed situations.  Unless specifically authorized by law, misconduct involving a weapon also occurs when entering any public establishment or attending any public event and carrying a deadly weapon after a reasonable request by the operator of the establishment or sponsor of the event to remove the weapon and place it in the custody of the establishment (A.R.S. § 13-3102).

Provisions

1. Stipulates that misconduct involving weapons does not apply to a person who is in a public establishment or at a public event and who possesses a valid permit issued pursuant to statute. (Sec. 1)

2. Specifies that misconduct involving weapons still applies to:

a) A public establishment or public event that is a secured facility;

b) Licensed premises of any public establishment or public event with a liquor license;

c) A state, county or municipal judicial department, prosecutorial office or facility, correctional facility or law enforcement agency;

d) An area where firearm possession is prohibited by federal law;

e) An educational institution as defined in statute;

f) A community college district or a university under the jurisdiction of the Arizona Board of Regents;

g) Facilities operated by a special health care district or the Arizona State Hospital; and

h) A public establishment that is a craft or vehicle. (Sec. 1)

3. States that this does not relieve or limit a sponsor of a public event or an operator of a public establishment from the requirements of statute relating to the storage of deadly weapons. (Sec. 1)

4. Maintains that this does not limit, restrict or prohibit the rights of a private tenant, private property owner, private business entity or private employer. (Sec. 1)

5. Defines secured facility. (Sec. 1)

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                        HB 2316

Initials SJ        Page 0 Government & Elections

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