ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: ED DP 4-3-0-0 | 3rd Read DPA 16-13-1-0-0


SB 1331: schools; parents; firearm possession

Sponsor: Senator Shamp, LD 29

Committee on Judiciary

Overview

Prohibits the governing board of an educational institution from restricting a student's parent or legal guardian from carrying or transporting a firearm on the educational institution's property if the parent or guardian possesses a valid concealed weapons permit and specifies that this conduct does not constitute misconduct involving weapons.

History

Current law requires the governing board of every educational institution to adopt and enforce rules pursuant to Title 41, Chapter 6, for the purpose of maintaining public order and safety. Any weapon, dangerous instrument or explosive that is found to violate the educational institution's regulations established by the board is prohibited and subject to forfeiture pursuant to A.R.S. § 13-3105 and A.R.S. Title 13, Chapter 39.

Governing board is defined as the body, whether appointed or elected, that has responsibility for the maintenance and government of an educational institution. Educational institution is defined as any university, college, community college, high school or common school in this state. Property of an educational institution is defined as all land, buildings and other facilities that are owned, operated or controlled by the governing board of an educational institution and that are devoted to educational purposes (A.R.S. § 13-2911).

A person can commit the criminal offense of misconduct involving weapons in various ways outlined in statute, including by possessing a deadly weapon on school grounds (A.R.S. § 13-3102). Deadly weapon is defined as anything designed for lethal use, including a firearm (A.R.S. § 13-105).

A.R.S. § 13-3112 outlines the process and requirements for a person to obtain a permit to carry a concealed weapon, and A.R.S. § 12-781 provides for the lawful transportation or storage of a firearm in or on a person's privately owned motor vehicle or motorcycle.

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteProhibits the governing board of an educational institution from adopting or enforcing any policy or regulation which restricts or prohibits a student's parent or legal guardian from carrying or transporting a firearm on the property of the educational institution, provided that the parent or guardian possesses a valid concealed weapons permit pursuant to A.R.S. § 13-3112. (Sec. 1)

2.   Specifies that the possession of a lawfully concealed weapon on an educational institution's property by a student's parent or legal guardian with a valid concealed weapons permit does not constitute misconduct involving weapons. (Sec. 2)

3.   Makes technical and conforming changes. (Sec. 1, 2) 

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7.                     SB 1331

8.   Initials JL/GC        Page 0 Judiciary

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