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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
schools; parents; firearm possession
Purpose
Allows a student's parent to possess a firearm on school property if the parent possesses a valid concealed weapons permit.
Background
A person commits misconduct involving weapons by engaging in outlined actions, including knowingly possessing a deadly weapon on the grounds of a public or private school for students in kindergarten, common school or high school. The classification does not apply if the weapon or firearm is: 1) possessed for hunter or firearm safety courses or other approved programs; 2) an unloaded firearm, carried and locked within a means of transportation under an adult's control; or 3) a firearm possessed by an Arizona law enforcement or peace officer authorized to carry a concealed firearm. Misconduct involving weapons by knowingly possessing a deadly weapon on school grounds is a class 1 misdemeanor or, if the violation occurs in connection with a violation relating to drug free school zones, criminal syndicates, using a minor to illegally control or conduct an enterprise or involving or using a minor in certain drug offenses, a class 6 felony (A.R.S. § 13-3102).
The appropriate governing board of each public educational institution must adopt rules to maintain public order that govern the conduct of students, faculty, staff and members of the public on the educational institution's property. Penalties for rule violations must be clearly set forth and enforced and include provisions for ejecting a violator. The adopted rules may not preclude school districts from conducting approved gun safety programs on school campuses (A.R.S. § 13-2911).
A deadly
weapon is anything designed for lethal use, including a firearm (A.R.S.
§§ 13-105
and 13-3101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, from the classification of knowingly possessing a deadly weapon on school grounds as misconduct involving weapons, an enrolled student's parent who possesses a valid concealed weapons permit.
2. Prohibits a public educational institution's governing board from adopting or enforcing a policy or rule that restricts or prohibits a student's parent who possesses a valid concealed weapons permit from carrying or transporting a firearm on or in the property of the educational institution.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2023
LB/MH/slp