In a significant liberalization of its gun laws, Arizona’s Gov. Jan Brewer signed legislation allowing gun owners to carry concealed weapons without a permit in most instances and denying local communities the authority to enact gun legislation stricter than state law. The law becomes effective 90 days after the end of the current legislative term.
Gov. Brewer told the Arizona Republic, “I believe this legislation not only protects the Second Amendment rights of Arizona citizens, but restores those rights as well.”
Arizona will maintain its permitting process, but in most situations a concealed carry permit will be optional. Only those who carry concealed weapons into bars and restaurants serving alcohol and those who plan to carry a concealed weapon across state lines will be required to get permits. For those who do obtain a weapons permit, the law no longer mandates hands-on experience or a set number of training hours. Up until now, eight hours of training covering state law and gun safety was required, as well as demonstrated proficiency by hitting a target 14 out of 20 times.
Promoters of the new law avoided opposition by the Arizona chiefs of police when they added provisions requiring honest responses to police questions about carrying concealed weapons, with a lie punishable by six months in prison.
Arizona plans to continue background checks for gun purchases and permits, as required by federal law.
The provision of the law prohibiting local communities from enacting gun ordinances more restrictive than state law will undermine local efforts to keep guns out of public parks.
The concealed carry law follows on the heels of a law exempting guns made and kept in Arizona from federal regulation. A lawsuit is pending in Montana over a similar law exempting state-made guns from federal regulation. The federal government contends the Montana law is superseded by federal law, and Arizona may find itself in the same predicament.
Article provided by Law Offices of Howard A. Snader, LLC
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