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ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

FACT SHEET FOR h.b. 2316

 

misconduct involving weapons; public places

Purpose

Allows a person who possesses a valid concealed carry weapons (CCW) permit to carry a deadly weapon in a public establishment or at a public event, with outlined exceptions.

Background

A person commits misconduct involving weapons by, unless otherwise authorized by law, knowingly entering any public establishment or attending any public event and carrying a deadly weapon after a reasonable request by the operator of the establishment, the sponsor of the event or the sponsor's agent to remove the weapon and place it in the custody of the operator or sponsor for temporary and secure storage of the weapon. This does not apply to shooting ranges or shooting events, hunting areas or similar locations or activities (A.R.S. § 13-3102).

If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove the weapon, the operator or sponsor must provide temporary and secure storage for the weapon that is readily accessible on entry into the establishment or event and allows for the immediate retrieval of the weapon on exit from the establishment or event (A.R.S. § 13-3102.01).

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

Provisions

1.   Exempts, from misconduct involving weapons, a person who carries a deadly weapon in a public establishment or public event if the person possesses a valid CCW permit.

2.   States that the exception to misconduct involving weapons for CCW permit holders does not apply to:

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

b)   a public establishment or public event with a liquor license;

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

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

e)   any university, college, community college, high school or common school in Arizona;

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

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

h)   an entity that operates a federal reclamation project; or

i) a public establishment that is a vehicle or craft.

3.   States that this legislation does not relieve or limit an operator or sponsor from the requirement to provide secure weapon storage as outlined.

4.   States that this legislation does not limit, restrict or prohibit the rights of a private property owner, private tenant, private employer or private business entity.

5.   Defines secured facility as:

a)   a public establishment or public event that has security personnel and electronic weapons screening devices in place at each entrance to the establishment or event; or

b)   a public establishment or public event that has security personnel who electronically screen each person who enters the public establishment or public event to determine if the person is carrying a deadly weapon and the security personnel require each person who is carrying a deadly weapon to leave the weapon in possession of the security personnel while the person is in the establishment or at the event.

6.   Becomes effective on the general effective date.

House Action

GE                   2/2/22        DPA       7-5-0-1

3rd Read          2/17/22                     31-28-1

Prepared by Senate Research

March 1, 2022

ZD/sr