Thursday, April 28, 2016

AZ:More than a sign may be Required to ban Second Amendment in Public Buildings

Governor Doug Ducey of Arizona

Kansas and Texas have removed bans on the carry of guns by permit holders in the last few years.  Kansas allows local governments to prevent permit holders from exercising Second  Amendment rights in public buildings if the public building puts metal detectors and armed guards on all the entrances.

In other words, merely relying on a sign to prevent responsible and peaceful people from carrying arms, while not actively preventing criminals from carrying them, is no longer acceptable in Kansas.  Arizona is looking to follow Kansas' lead.

The theory is simple.  Mere signage will not stop people who have evil intent from carrying concealed weapons into public buildings.   By placing signage, but without significant enforcement mechanisms, the signs effectively screen out the most law abiding, while doing little to keep out the most dangerous individuals.

The law has been popular in past legislatures, passing with veto prof majorities in the last two.  Both times it was vetoed by Governor Brewer; she was no longer running to be re-elected.  This law only applies to those who have taken the necessary classes, passed the background check, undergone the bureaucratic application and been granted a permit to carry concealed.   Arizona has 264,010 valid concealed carry permits as if April 24, 2016, or right at 7% of the adult population.

Police officers have always been exempt from the 'gun free zone' signs, and they commit crimes at a rate of 6-10 times as often(pdf) as concealed carry permit holders.

The primary obstacle to the bill's passage has been Governor Brewer.  The new Governor, Doug  Ducey, seems a bit friendlier to Second Amendment supporters, at least in this early part of his term.  His office asked that an additional exception be added to the bill; then he could support it.  The exemption was for the special health care district in Maricopa County.  From an Arizona Citizens' Defense League email:
At the request of the Governor’s Office, SB 1257 was amended in the House to exempt facilities operated by Special Health Care Districts.  Currently, there is only one special health care district facility and it is located in Maricopa County.

As amended by the House, if a state, county or local facility’s
only protection is a “no weapons” sign, then anyone with a CCW permit would not be required to disarm when entering, with the following exceptions:

  • Courts, jails, law enforcement agencies.
  • Federal facilities.
  • Schools, colleges or universities.
  • The Arizona State Hospital.
  • The facility operated by the Special Health Care District in Maricopa County.
  • Public establishments licensed to serve alcohol.
The Kansas law is considerably broader, and includes Universities. 


A version of the bill passed the Senate on 3 March, 2016 18 to 12.  The bill with the amendment passed the House on 26 April, 35 to 23.

AZCDL reports that there have been some behind the scenes manuvering.  It appears that Governor Ducey does not want to face the prospect of signing or vetoing the bill.  A vote was taken in the Senate, where "supporters" were not present or switched their votes.  It ended in a tie, which defeated the bill.  The vote occurred on 3 May AZCDL is working for a reconsideration.  From an AZCDL email:
After voting FOR the passage of SB 1257 during the Senate Third Read vote that moved the bill to the House on March 3, Senators Carlyle Begay, Steve Pierce and Bob Worsley, voted AGAINST the passage of SB 1257 during today’s Final Read vote. Additionally, Senator Jeff Dial decided to suddenly vanish from the chamber when SB 1257 came up for voting. The result of this sabotage was a tie vote that killed the bill.

We are disappointed by the tactics of this Governor. At least his predecessor, Governor Brewer, chose not to interfere with the legislative process and let a prior version of SB 1257 get to her desk before publicly vetoing it.
Costs of the bill are zero, unless a government agency decides to ban people who have concealed carry permits from exercising their Second Amendment rights in government buildings.  To do so, they will need to put in metal detectors and armed guards, which they did not have before.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch  


Paul Weber said...

If you need permission to exercise a right then it's not a right. The government has 'infringed' on the 2nd Amendment rights of the people.

Anonymous said...

Any permit required for any citizens able to walk the streets freely is an infringement. if you are locked up you have around the clock protection from the guards. if you are on the street you have the same rights to self defense as any one else and the same need. No one walks around with a sign stating their conviction record or that their hands are licensed as deadly weapons. anyone well trained in martial arts could walk through a metal detector naked and still kill any one in seconds. In Germany at a martial arts demonstration I witnessed a 5 foot 2 inch female toss a 6 foot 6 inch, 305 pound instructor about 25 feet like a wash cloth. he could have just as easily landed dead. That same instructor had for men hold a board over his head, he turned upside down, broke the board with his foot and landed on his feet without touching any of the men holding the board. he did not have anything on him that would cause a metal detector to alarm. exotic weapons such as a pigmy blow gun would not set off a metal detector, but it might look like a walking stick. My nun chucks are metal but they can be made of wood, it is said they develop 25,00 pounds of impact pressure in the right hands. any infringement is basically worthless and of no value for real protection. the only real protection is to be as well armed and trained as you feel comfortable with. we all have the right to life and self defense. going through a door or into any building is no protection from those that want to cause harm. where there is a will there is a way. explosive devices can be made without anything that would set off a metal detector. the ignorance of people passing these laws just astounds me. They are a bunch of know nothing do nothing morons without any real life experiences. who does not carry a ballpoint pen. they will easily pass any inspection and are in fact a deadly weapon. Just stupid.

Anonymous said...

Shall not Be Infringed is a very strong legal term. it means anything related to Keep and bare arms is forbidden. It was intended to prevent government from becoming too powerful. So government has just ignored that legal limit on government power. any gun laws are blatantly unconstitutional. Only the 26 words in the second amendment exist to be enforced. Laws and acts do not amendment the constitution. the tenth amendment clearly requires the individual states to honor the Shall not be infringed clause. Individual states do not have any power or authority to amend the federal constitution therefore all state second amendment laws are void. All congressional second amendment laws or acts are void until the second amendment is amended or removed. We are a nation of laws even government has to obey those laws. they take an oath to uphold, enforce and defend the constitution. ignoring its limitations is violating that oath. violating the oath of office is reason to impeach and remove from office. according to American jurisprudence violating the oath of office ends all power and authority of that office at the point the violation occurs.

Anonymous said...

correction in the above post that is 25,000 not 25,00.