CCW bill headed for Senate vote
March 27, 2007
HB 2469, which reduces the penalty for a concealed weapon permit holder failing to have their permit in their possession while carrying concealed, is headed for a vote by the full Senate – probably this week.
Under current law (ARS 13-3112.D), a person is guilty of a class 2 misdemeanor offense if they fail to present a concealed weapons permit upon the request of a law enforcement officer. The language of the current law does not clarify that a person must be a concealed weapons permit holder, or in possession of a weapon, or even if a weapon must be concealed. However, if they produce a legible permit that was valid at the time of the violation when they go to court, “they shall not be convicted.” Meanwhile, they have been subjected to possible arrest and confiscation of their weapon prior to appearing in court. Furthermore, their concealed weapon permit information was available to the arresting officer, via a records search, at the time of the encounter.
The proposed language in HB 2469:
* Restricts the application of the law to concealed weapons permit holders.
* Reduces the penalty to a petty offense.
* Clarifies that a permit holder can only be charged if they are carrying a concealed weapon when they fail to present their permit at the request of a law enforcement officer.
Please take the time to send a polite note to the Senators and let them know that you want them to vote for HB 2469. You can also use the cut-and-paste message provided below.
Following the message are the email addresses of the Senate in both semi-colon and comma separation formats. Use the list that is compatible with your email software.
Subject: Support HB 2469.
The Arizona Citizens Defense League (AzCDL) has informed me that HB 2469 will soon be considered by the full Senate. I urge you to vote for HB 2469.
Under the current provisions of ARS 13-3112.D, I am subject to a class 2 misdemeanor if I am unable to present a concealed weapons permit upon the request of a law enforcement officer. The language of the current law does not clarify that I must even be a concealed weapons permit holder or in possession of a weapon or even if a weapon must be concealed. Furthermore, the law says I “shall not be convicted” if I produce a valid permit to the court.
HB 2469 clarifies that ARS 13-3112.D applies only to concealed weapons permit holders who are in possession of a concealed weapon. The penalty is reduced to a petty offense while the “shall not convict” language is retained for those producing a valid permit to the court. This allows honest mistakes by law-abiding citizens to be handled quickly, allowing scarce law enforcement and court resources to be focused on more important issues.
Again, I urge to vote for the passage of HB 2469.
(City, State, Zip)
Senate members in semi-colon format:
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