August 2nd, 2010
My Qualifications and Credentials are as follows:
AZ DPS, (Department of Public Safety) Certified in Firearms Instruction and Safety.
Licensed to Instruct CCW (Concealed Carry Weapons) Classes in Arizona.
CCW AZ School, LLC. Owner & CEO.
NRA - National Rifle Association, Credentials:
NRA Certified Instructor, in Six Disciplines:
Associations and Memberships:
[1] Phoenix Rod and Gun Club
[2] Caswell In-Door Shooting Range
[3] NRA – Life Member
US Military Veteran: United States Air Force. Trained Special Forces, S. Vietnam, TDY. Non-Commissioned Officer, Rank - Sergeant, 1970 - 1974
New Arizona Constitutional Carry Law in easy to understand terms below:
In order to carry concealed in those same places, residents needed to have a "CCW permit" which was obtained by taking an 8 hour training course, qualifying with a firearm and passing a written test and criminal background check. This law would eliminate the permit requirement but not the permit program. Classes will remain available at CCW AZ School to those wanting to be trained and educated concerning new laws and to receive the Arizona CCW Permit. By attending and passing the CCW Class with one of our Instructors and obtaining the permit would allow students to carry concealed in 32 other States. It would also give you the ability to carry your firearms in Restaurants and Bars here in Arizona. Not to mention the advantage you will have on back round checks when you purchase firearms in Arizona. By getting your permit before October of 2010 you will be charged only $60 for the five year permit. I would venture to guess that the odds are great the price of the permit will go up after September. Due to Arizona’s present economy and the need for more State revenue. Did you know some States CCW permit tees pay more then $200 for there permits? Getting the permit now makes more sense then it did before and will save you money over time.
The key element in the new law is that a concealed carry permit is not necessary "unless required by any other law". For example, to carry a concealed firearm in a restaurant that serves alcohol on the premises, Arizona law requires that you have a concealed weapons permit and that you not consume alcohol while carrying concealed. Anyone wishing to carry a concealed firearm in another state will need an Arizona CCW permit in order to have reciprocal privileges outside of Arizona.
Residents will still be able to get a CCW permit by taking a course that meets the requirements of the new law and submitting an application to the Arizona Department of Public Safety. CCW AZ Schools CCW curriculum meets or exceeds all state requirements for the Arizona CCW Permit.
The courses offered by CCW instructors would probably be the best bet since they are specifically geared towards concealed carry and most instructors provide the application and fingerprinting service as part of their courses.
Opponents of the law feel that the current CCW process is a good one and has worked well for over 14 years. Most feel that the minimal safety and marksmanship training requirement and education in the laws relating to the use of lethal or physical force in self defense are important for anyone carrying a concealed firearm.
Advocates of the new law argue that Second Amendment rights should not be constrained by concealed carry laws. They also point to the fact that in 12 states across the US, concealed carry permits are issued without any training requirement or background check. They further argue that criminal penalties associated with concealed carry can result in severe penalties for people that might inadvertently cover their firearm while carrying openly.
Now signed into law (effective end of September 2010), Arizona will become the third and the most heavily populated state to adopt 'constitutional concealed carry'. Currently only Alaska and Vermont permit concealed carry without a permit.
As a strong proponent of the Second Amendment, I am personally pleased to see the passage of this law permitting constitutional carry in Arizona. However, there has been some significant controversy about several of the potential outcomes of this law.
While I won't repeat the arguments for and against the law, as I have reflected on the passage of SB 1108 that provides for constitutional concealed carry in Arizona, I began to think about what is most often described as the "Law of Unintended Consequences".
For those not familiar with the concept, it refers to the following adage: "Any intervention in a complex system may or may not have the intended result, but will inevitably create unanticipated and often undesirable outcomes."
Unanticipated outcomes can be positive and serendipitous or can be negative or perverse. Let's take a look at some of the potential positive and negative outcomes associated with the new law.
Positives
Negatives
* Remember not knowing the law in Arizona as it pertains to CCW is not an excuse!
A. A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
B. A PERSON HAS NO DUTY TO RETREAT BEFORE THREATENING OR USING DEADLY PHYSICAL FORCE PURSUANT TO THIS SECTION IF THE PERSON IS IN A PLACE WHERE THE PERSON MAY LEGALLY BE AND IS NOT ENGAGED IN AN UNLAWFUL ACT.
(a) A CERTIFICATE, CARD OR DOCUMENT OF COMPLETION FROM A FIREARMS SAFETY TRAINING PROGRAM AUTHORIZED PURSUANT TO SUBSECTION N, PARAGRAPH 1 OF THIS SECTION, DATED NOT MORE THAN FIVE YEARS EARLIER THAN THE DATE OF APPLICATION, THAT HAS AFFIXED TO IT THE STAMP, SIGNATURE OR SEAL OF THE INSTRUCTOR OR ORGANIZATION THAT CONDUCTED THE PROGRAM, OR A CURRENT OR EXPIRED PERMIT ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO THIS SECTION.
(b) AN ORIGINAL OR COPY OF A CERTIFICATE, CARD OR DOCUMENT THAT SHOWS THE APPLICANT HAS COMPLETED ANY COURSE OR CLASS PRESCRIBED BY SUBSECTION N, PARAGRAPH 2, 3, 4, 5, 8 OR 9 OF THIS SECTION OR AN AFFIDAVIT FROM THE INSTRUCTOR, SCHOOL, CLUB OR ORGANIZATION THAT CONDUCTED OR TAUGHT THE COURSE OR CLASS ATTESTING TO THE APPLICANT'S COMPLETION OF THE COURSE OR CLASS.
(c) AN ORIGINAL OR A COPY OF A UNITED STATES DEPARTMENT OF DEFENSE FORM 214 (DD-214) INDICATING AN HONORABLE DISCHARGE OR GENERAL DISCHARGE UNDER HONORABLE CONDITIONS, A CERTIFICATE OF COMPLETION OF BASIC TRAINING OR ANY OTHER DOCUMENT DEMONSTRATING PROOF OF THE APPLICANT'S CURRENT OR FORMER SERVICE IN THE UNITED STATES ARMED FORCES AS PRESCRIBED BY SUBSECTION N, PARAGRAPH 6 OF THIS SECTION.
(d) AN ORIGINAL OR A COPY OF A CONCEALED WEAPON, FIREARM OR HANDGUN PERMIT OR A LICENSE AS PRESCRIBED BY SUBSECTION N, PARAGRAPH 7 OF THIS SECTION.
F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought. The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true, THAT THE APPLICANT HAS BEEN FURNISHED A COPY OF CHAPTERS 4 AND 31 OF THIS TITLE AND THAT THE APPLICANT IS KNOWLEDGEABLE ABOUT THE PROVISIONS CONTAINED IN THOSE CHAPTERS. Theapplicant shall submit the application to the department with ANY DOCUMENTATION PRESCRIBED BY SUBSECTION E OF THIS SECTION, two sets of fingerprints and a reasonable fee determined by the director of the department.
G. On receipt of a concealed weapon permit application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to section 41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for federal criminal history record checks.
H. The department of public safety shall complete all of the required qualification checks within sixty days after receipt of the application and shall issue a permit within fifteen working days after completing the qualification checks if the applicant meets all of the conditions specified in subsection E of this section. If a permit is denied, the department of public safety shall notify the applicant in writing within fifteen working days after the completion of all of the required qualification checks and shall state the reasons why the application was denied. On receipt of the notification of the denial, the applicant has twenty days to submit any additional documentation to the department. On receipt of the additional documentation, the department shall reconsider its decision and inform the applicant within twenty days of the result of the reconsideration. If denied, the applicant shall be informed that the applicant may request a hearing pursuant to title 41, chapter 6, and article 10. FOR THE PURPOSES OF THIS SUBSECTION, "RECEIPT OF THE APPLICATION" MEANS THE FIRST DAY THAT THE DEPARTMENT HAS PHYSICAL CONTROL OF THE APPLICATION AND THAT IS PRESUMED TO BE ON THE DATE OF DELIVERY AS EVIDENCED BY PROOF OF DELIVERY BY THE UNITED STATES POSTAL SERVICE OR A WRITTEN RECEIPT, WHICH SHALL BE PROVIDED BY THE DEPARTMENT ON REQUEST OF THE APPLICANT.
I. On issuance, a permit is valid for five years, except a permit that is held by a member of the United States armed forces, including a member of the Arizona national guard or a member of the reserves of any military establishment of the United States, who is on federal active duty and who is deployed overseas shall be extended until ninety days after the end of the member's overseas deployment.
J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who IS CONTACTED BY A LAW ENFORCEMENT OFFICER AND WHO claims to hold a valid permit issued by this state. This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A CRIMINAL JUSTICE AGENCY OR OTHER ENTITY SHALL NOT USE THE COMPUTERIZED PERMIT RECORD SYSTEM TO CONDUCT INQUIRIES ON WHETHER A PERSON IS A CONCEALED WEAPONS PERMIT HOLDER UNLESS THE CRIMINAL JUSTICE AGENCY OR OTHER ENTITY HAS REASONABLE SUSPICION TO BELIEVE THE PERSON IS CARRYING A CONCEALED WEAPON AND THE PERSON IS SUBJECT TO A LAWFUL CRIMINAL INVESTIGATION, ARREST, DETENTION OR AN INVESTIGATORY STOP.
K.A permit issued pursuant to this section is renewable every five years. Before a permit may be renewed, a criminal history records check shall be conducted pursuant to section 41-1750 within sixty days after receipt of the application for renewal. For the purposes of permit renewal, the permit holder is not required to submit additional fingerprints.
L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety.
M. The department of public safety shall suspend or revoke a permit issued under this section if the permit holder becomes ineligible pursuant to subsection E of this section. The department of public safety shall notify the permit holder in writing within fifteen working days after the revocation or suspension and shall state the reasons for the revocation or suspension.
N. AN APPLICANT SHALL DEMONSTRATE COMPETENCE WITH A FIREARM THROUGH ANY OF THE FOLLOWING:
1. COMPLETION OF ANY FIREARMS TRAINING PROGRAM THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT IS CONDUCTED BY INSTRUCTORS WHO ARE AUTHORIZED BY THE DEPARTMENT OF PUBLIC SAFETY OR WHO POSSESS CURRENT NATIONAL RIFLE ASSOCIATION INSTRUCTOR CERTIFICATIONS IN PISTOL AND PERSONAL PROTECTION AND WHO SUBMIT TO A BACKGROUND INVESTIGATION, INCLUDING A CHECK FOR WARRANTS AND A CRIMINAL HISTORY RECORDS CHECK.
2. COMPLETION OF ANY FIREARMS SAFETY OR TRAINING COURSE OR CLASS THAT IS AVAILABLE TO THE GENERAL PUBLIC, THAT IS OFFERED BY A LAW ENFORCEMENT AGENCY, A JUNIOR COLLEGE, A COLLEGE OR A PRIVATE OR PUBLIC INSTITUTION, ACADEMY, ORGANIZATION OR FIREARMS TRAINING SCHOOL AND THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.
3. COMPLETION OF ANY HUNTER EDUCATION OR HUNTER SAFETY COURSE APPROVED BY THE ARIZONA GAME AND FISH DEPARTMENT OR A SIMILAR AGENCY OF ANOTHER STATE.
4. COMPLETION OF ANY NATIONAL RIFLE ASSOCIATION FIREARMS SAFETY OR TRAINING COURSE.
5. COMPLETION OF ANY LAW ENFORCEMENT FIREARMS SAFETY OR TRAINING COURSE OR CLASS THAT IS OFFERED FOR SECURITY GUARDS, INVESTIGATORS, SPECIAL DEPUTIES OR OTHER DIVISIONS OR SUBDIVISIONS OF LAW ENFORCEMENT OR SECURITY ENFORCEMENT AND THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.
6. EVIDENCE OF CURRENT MILITARY SERVICE OR PROOF 0F HONORABLE DISCHARGE OR GENERAL DISCHARGE UNDER HONORABLE CONDITIONS FROM THE UNITED STATES ARMED FORCES.
7. A VALID CURRENT OR EXPIRED CONCEALED WEAPON, FIREARM OR HANDGUN PERMIT OR LICENSE THAT IS ISSUED BY ANOTHER STATE OR A POLITICAL SUBDIVISION OF ANOTHER STATE AND THAT HAS A TRAINING OR TESTING REQUIREMENT FOR INITIAL ISSUANCE.
8. COMPLETION OF ANY GOVERNMENTAL POLICE AGENCY FIREARMS TRAINING COURSE AND QUALIFICATION TO CARRY A FIREARM IN THE COURSE OF NORMAL POLICE DUTIES.
9. COMPLETION OF ANY OTHER FIREARMS TRAINING THAT THE DEPARTMENT OF PUBLIC SAFETY DEEMS ACCEPTABLE.
O.If authorized pursuant to subsection O N, PARAGRAPH 1of this section, the organization on behalf of each of its instructors shall submit to the department of public safety two sets of fingerprints and a fee to be determined by the director of the department of public safety. On receipt of the fingerprints and fee, the department of public safety shall conduct a check of each instructor's criminal history record pursuant to section 41-1750. The department of public safety may exchange this fingerprint cardinformation with the federal bureau of investigation for federal criminal history record checks.
P. The proprietary interest of all authorized instructors and programs shall be safeguarded, and the contents of any training program shall not be disclosed to any person or entity other than a bona fide criminal justice agency, except on an order from a state or federal court.
Q. If the department of public safety rejects a program, the rejected organization may request a hearing pursuant to title 41, chapter 6, and article 10.
R. The department of public safety shall maintain information comparing the number of permits requested, the number of permits issued and the number of permits denied. The department shall annually report this information to the governor and the legislature.
S. The director of the department of public safety shall adopt rules for the purpose of implementing and administering THIS SECTION including fees relating to permits that are issued pursuant to this section.
T. This state and any political subdivision of this state shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both:
1. The permit or license is recognized as valid in the issuing state.
2. The permit or license holder is all of the following:
(a)Legally present in this state.
(b) Not legally prohibited from possessing a firearm in this state.
U. For the purpose of establishing mutual permit or license recognition with other states, the department of public safety shall enter into a written agreement if another state requires a written agreement.
V. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, unless THAT conviction is expunged, set aside or vacated OR THE PERSON'S RIGHTS HAVE BEEN RESTORED and the PERSON is currently not a prohibited possessor under state or federal law.
W. The department of public safety may issue certificates of firearms proficiency according to the Arizona peace officer standards and training board firearms qualification for the purposes of implementing the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law enforcement agency shall issue to a law enforcement officer who has honorably retired a photographic identification that states that the officer has honorably retired from the agency. The chief law enforcement officer shall determine whether an officer has honorably retired and the determination is not subject to review. A law enforcement agency has no obligation to revoke, alter or modify the honorable discharge photographic identification based on conduct that the agency becomes aware of or that occurs after the officer has separated from the agency.
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
B. Subsection A, paragraph 2 of this section shall not apply to:
1. A person in his dwelling, on his business premises or on real property owned or leased by that person OR THAT PERSON'S PARENT, GRANDPARENT OR LEGAL GUARDIAN.
2. A MEMBER OF THE SHERIFF'S VOLUNTEER POSSE OR RESERVE ORGANIZATION WHO HAS RECEIVED AND PASSED FIREARMS TRAINING THAT IS APPROVED BY THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD AND WHO IS AUTHORIZED BY THE SHERIFF TO CARRY A CONCEALED WEAPON PURSUANT TO SECTION 11-441.
3. A FIREARM THAT IS CARRIED IN:
(a) A MANNER WHERE ANY PORTION OF THE FIREARM OR HOLSTER IN WHICH THE FIREARM IS CARRIED IS VISIBLE.
(b) A HOLSTER THAT IS WHOLLY OR PARTIALLY VISIBLE.
(c) A SCABBARD OR CASE DESIGNED FOR CARRYING WEAPONS THAT IS WHOLLY OR PARTIALLY VISIBLE.
(d) LUGGAGE.
(e) A CASE, HOLSTER, SCABBARD, PACK OR LUGGAGE THAT IS CARRIED WITHIN A MEANS OF TRANSPORTATION OR WITHIN A STORAGE COMPARTMENT, MAP POCKET, TRUNK OR GLOVE COMPARTMENT OF A MEANS OF TRANSPORTATION.
C. Subsection A, paragraphs 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or
2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or
3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or
4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United State.
D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:
(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and
(b) Reasonable precautions are taken with respect to theft or misuse of such material.
2. The regular and lawful transporting as merchandise; or
3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
F. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
G. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (v), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 10of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
H. Subsection A, paragraph 12 of this section shall not apply to the possession of a:
1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.
2. Firearm for use on the school grounds in a program approved by a school.
3. FIREARM BY A PERSON WHO POSSESSES A CERTIFICATE OF FIREARMS PROFICIENCY PURSUANT TO SECTION 13-3112, SUBSECTION W AND WHO IS AUTHORIZED TO CARRY A CONCEALED FIREARM PURSUANT TO THE LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004 (P.L. 108-277; 118 STAT. 865; 18 UNITED STATES CODE SECTIONS 926B AND 926C).
I. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.
J. IF A LAW ENFORCEMENT OFFICER CONTACTS A PERSON WHO IS IN POSSESSION OF A FIREARM, THE LAW ENFORCEMENT OFFICER MAY TAKE TEMPORARY CUSTODY OF THE FIREARM FOR THE DURATION OF THAT CONTACT.
K. Misconduct involving weapons under subsection A, paragraph 15 of this section is a class 2 felony. Misconduct involving weapons under subsection (A), paragraph 9 or 14 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under SUBSECTION A, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION OR subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, SUBDIVISION (b) OF THIS SECTION OR SUBSECTION A, PARAGRAPH10 or 11 of this section is a class 1 misdemeanor. MISCONDUCT INVOLVING WEAPONS UNDER SUBSECTION A, PARAGRAPH 2 OF THIS SECTION IS A CLASS 3 MISDEMEANOR.
L. For the purposes of this section:
1. "CONTACTED BY A LAW ENFORCEMENT OFFICER" MEANS A LAWFUL TRAFFIC OR CRIMINAL INVESTIGATION, ARREST OR DETENTION OR AN INVESTIGATORY STOP BY A LAW ENFORCEMENT OFFICER THAT IS BASED ON REASONABLE SUSPICION THAT AN OFFENSE HAS BEEN OR IS ABOUT TO BE COMMITTED.
2. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
3. "Public event" means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an un-sponsored gathering of people in a public place.
4. "School" means a public or nonpublic kindergarten program, common school or high school.
5. "School grounds" means in, or on the grounds of, a school.