Saturday, May 14, 2016

AZ: Governor Ducey signs HB2338, Removes Gun Ban of Right of Way near Universities

On the same day, Governor Ducey signed two bills that help to restore Second Amendment rights in Arizona.  HB 2338 stops educational institutions from banning the legal possession or carry of firearms on public right of ways that pass near or through the educational institution. From

I. NOtwithstanding section 15-341 and subsection D of this section, the governing board of an educational institution may not adopt or enforce any policy or rule that prohibits the lawful possession or carrying of a deadly weapon on a public right‑of‑way by a person or on or within a person's means of transportation.
Legislation can be complex, interwoven and unclear.   This change in the rules prevents educational institutions from claiming that an individual who is legally carrying a weapon on a public right of way was interfering with the educational process.  Such interference leads to enormous restitution if, for example, the school is shut down.  It might be hard for a person to even know that they were affected by these rules while traveling on a public right of way.  It is a very simple and commonsense reform of existing law.

AZCDL has been very successful by grabbing what incremental steps that it can.  Another reform in the bill is to bring that part of the law into harmony with the rest of Arizona law in regards to the disposal of weapons confiscated or forfeited during such actions.  In the rest of Arizona law, such firearms are to be sold for public benefit.

This section of the law still allowed for them to be destroyed.  The option to destroy the firearms was removed in the HB 2338 reform.

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


Anonymous said...

In Arizona the lawful carry is open or concealed carry so the clause that says lawful carry covers the open carry issue. the law does not differentiate a type of carry other than lawful carry.

Dean Weingarten said...

Thank you. Fixed it.