ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
disruption; educational institution; concealed weapon.
Purpose
Prohibits the governing board of any university, college or community college from prohibiting the possession of a concealed weapon by a concealed weapon permit holder, or the lawful transportation or storage of a firearm.
Background
Educational institutions in Arizona are required to adopt rules to maintain public order on all institution property that is used for educational purposes and provide a program for enforcing such rules. Students, faculty and other staff and all members of the public are governed by such rules while on the property of the educational institution (A.R.S. § 13-2911).
A concealed weapon permit holder is required to carry the permit at all times when in possession of the concealed weapon. The Department of Public Safety must issue a permit to an applicant who: 1) is a U.S. citizen; 2) is 21 years of age or is currently serving in the military or has been honorably discharged or generally discharged under honorable conditions from the U.S. Armed Forces, U.S. Armed Forces Reserve or a state National Guard; 3) is not under indictment for and has not been convicted in any jurisdiction of a felony unless the applicant's rights have been restored; 4) does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution; 5) is not unlawfully present in the United States; and 6) has ever demonstrated statutorily defined competence with a firearm where adequate documentation of the completion of a training program can be provided (A.R.S. § 13-3112).
The Arizona Board of Regents (ABOR) prohibits the use, possession, display or storage of any weapon on university property with certain exceptions. ABOR does not allow an exemption for concealed carry permit holders (ABOR Policy 5-303 and 5-308).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits, notwithstanding current statute regarding educational institutions obligation to maintain public order, the governing board of any university, college or community college from enacting or enforcing any policy or rule that prohibits:
a) the possession of a concealed weapon by a person who possesses a valid concealed weapon permit; or
b) the lawful transportation or storage of a firearm.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/15/23 DP 5-3-0-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 20, 2023
ZD/sr