Arizona HB 2630: Reduced penalty for CCW without permit


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WayneConrad
April 22, 2008, 08:48 PM
From The Arizona Citizen's Defense League (http://azcdl.org):

HB 2630, an AzCDL requested bill that reduces the penalty for carrying a concealed weapon without a permit to a petty offense (except in the commission of a crime), passed in the Senate Committee of the Whole (COW) on Wednesday, April 17, 2008. We are expecting the Senate to formally vote (Third Read) on HB 2630 this week. HB 2630 has already passed in the House. If the Senate passes HB 2630, it will then be sent to the Governor's desk.

If you are not committing, or attempting to commit, a serious or violent crime, HB 2630 reclassifies carrying a concealed weapon without a permit as a petty offense.

Under current law, if you have not been issued a concealed weapons (CCW) permit, it is a class 1 misdemeanor to carry a concealed weapon. Everyone is treated like a hardened criminal. Sadly, because of 1994 Appellate Court decisions:


If a casual observer cannot easily see your firearm, you are carrying concealed and could be arrested.

Wearing a gun in a vehicle = concealed carry. Without a permit you are subject to arrest.

Having a CCW permit and wearing a gun in a vehicle puts your non-CCW permit passengers at risk for being arrested for carrying concealed without a permit.


HB 2630 separates the innocent mistake by otherwise law-abiding citizens from the cold-blooded actions of hardcore criminals. HB 2630 even adds the "attempted commission of a serious offense" language to the law, to assist law enforcement in arresting the bad guys.

If you have not already sent a polite note to your Senator urging them to vote for the passage of HB 2630, we urge you to do so now. You can find your Senator here: http://www.azleg.gov/alisStaticPages/HowToContactMember.asp .

Stay tuned! As relevant legislation is introduced and progresses, we will keep you up to date via these Alerts: http://groups.yahoo.com/group/AZCDL_Alerts/

These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Join today!

AzCDL Protecting Your Freedom
http://www.azcdl.org/html/join_us_.html

Copyright 2008 Arizona Citizens Defense League, Inc., all rights reserved.

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joe4702
April 22, 2008, 10:13 PM
Having a CCW permit and wearing a gun in a vehicle puts your non-CCW permit passengers at risk for being arrested for carrying concealed without a permit.

I don't quite get this one. It implies to carry (on your person) in a car, everyone in the car must have a permit? Makes no sense.
I'm curious, since I do carry when driving in AZ (IWB, uncovered) . I have a CCW permit, but typically don't have passengers.

dmxx9900
April 22, 2008, 10:39 PM
Why cant they do this in Florida?
In Florida carrying concealed gun without a permit is a 3rd degree felony that is very severe and it should be reduced to a minor misdemeanor or even a fine because its not a crime that hurts anyone and its normally considered a right.
Because of the severity of that law I wont take chances since the consequences of that will ruin my entire record and right to own guns.
All I can do is stuff the gun in a holster and leave it in the car and hope that in 3 years nothing bad happens until I am eligible for ccw.
funny thing is California of all places only lets it off as a misdemeanor but florida a felony which is completely ironic because Florida is way more pro-gun then California.

WayneConrad
April 22, 2008, 11:37 PM
joe4702, It doesn't make sense, does it. I think what AzCDL is doing is cleaning up the results of some bad case law. There are some judges in Arizona that have "written" some pretty interesting law with their decisions.

I'm interesting in this "CCW law" passing because Arizona is, in theory, a gold star open carry state. And yet, every time I sit in the driver's seat, I am, because of the funny case law in Arizona, concealing the sidearm on my belt. That's just odd.

I hope my fellow Arizonans are writing their emails and making phone calls. Let's get this one on the governor's desk.

davepool
April 23, 2008, 12:37 AM
Wayne
I've sent the emails and hope it makes it to Janet's desk , but i'm afraid it will die once there

WayneConrad
April 23, 2008, 02:20 AM
Good man, Dave. I'm not afraid. Let Ms. Napolitano be afraid. Every bill like this that reaches her desk is a political hot button she'd rather not have to touch. Better that it gets there for her to veto than that it dies in the Senate. She burns political capital with every veto, and sometimes she has to preserve political capital and let one through.

davepool
April 23, 2008, 11:57 PM
One can only hope! I've gotten very positive responses from Jim Weirs and Linda Gray every time i've emailed them on RKBA issues.I shoot at Ben Avery a couple weekends per month, and always cover my guns with a blanket when they're in the back seat of my truck, i always wonder how it would look if i were to get pulled over and have the officer notice the "concealed" weapons.

.45&TKD
April 24, 2008, 01:16 AM
Having a CCW permit and wearing a gun in a vehicle puts your non-CCW permit passengers at risk for being arrested for carrying concealed without a permit.

I've had a CCW in AZ for 7 years and this is the first I've heard of this one. Anybody have a source? I suspect that it is incorrect.

AZRickD
April 24, 2008, 01:32 AM
If you are a gunnie from Arizona, you should frequent (and be a dues-paying member) of http://www.azcdl.org .

I don't quite get this one. It implies to carry (on your person) in a car, everyone in the car must have a permit? Makes no sense.

If you have a CCW permit you are allowed to put it under your seat. Are you under control of it under the law (case law)? We don't know. What if you leave your car? Are the passengers in control of it?

Just trying to get rid of the traps.

Rick

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