Sunday, March 24, 2019

Gun Safety Bill is Moving in Arizona

A rational gun safety bill is moving forward in the Arizona legislature. The bill would repeal the requirement for armed Arizonans to unload, then reload, their firearms everytime they drive onto school grounds to pick up their child. From
He pointed out that existing law already permits adults — anyone 18 and older — to drive onto public school campuses with a gun in the vehicle. And if the person leaves the vehicle, the firearm has to be stored out of sight and the vehicle must be locked.

The only difference, Farnsworth said, is that current law requires that the gun be unloaded before reaching the school, a requirement HB 2693 would eliminate.
As legislatures across the country move to repeal infringements on the Second Amendment rights to keep and bear arms, the process is messy and intermittent. Arizona restored Constitutional Carry in 2010. As with most such bills, compromises were made to repeal 98% of the restrictions.
Because the Supreme Court decision in U.S. v. Heller defined "schools" as "sensitive areas" where arms could be regulated, a requirement that guns kept in vehicles on school parking lots, driveways, and other areas, had to be unloaded, was not repealed.

The law creates a bizarre dynamic. If you exercise your Second Amendment rights in Arizona, and are going to pick up your kids at school, you have to stop, unload your self defense gun, then pick them up. After they are picked up, if you wish to exercise your rights, you have to stop, load your self defense gun, then continue.

The situation was thrust upon me one day. I was visiting a friend, who said he had to run some errands. Would I like to continue the conversation and ride with him? I said yes. We stopped at a store; we continued driving. He said: I have to pick up the kids. I had about five seconds to draw my Glock 17 and unload it before we were on school property.

It was plenty of time. Most people probably would not have bothered. As an instuctor, I knew the legal jeopardy I would be in. I knew I could, as a passenger, draw the Glock safely and unload it.

While fatal gun accident rates have decreased 94% over the last 90 years, it is desirable to continue that trend. Carrying a gun is a very safe activity, especially in a holster. Loading and unloading a gun is safe as well;  but many more accidents occur while loading and unloading than while simply carrying.

It is  safer to just carry the pistols rather than to mandate numerous more loadings and unloadings.

Look at this from the side of the consciously unarmed. They see more restrictions on those exercising their Second Amendment rights as a positive. Making it difficult for people excise their rights, especially making it legally risky, are things they see no downside to.  Why would they? They have made the decision to be unarmed. They do not see infringements on the right to bear arms as costing them anything. They are unwilling to admit that more armed citizens help to keep them safe.

HB 2693 is a one of the simplest bills I have seen.  It removes five words from Arizona statute 13-3102, the phrase  "is not loaded and that", which removes the requirement that firearms be unloaded in a means of transportation, under the control of an adult, on school grounds.

Arizona Citizens Defense League has been the moving force behind this bill, with able assistance from the NRA.  Full disclosure: I am a lifetime member of both the AZCDL and the NRA.

Many parents with school age children are armed in Arizona. Most of them probably ignore the unsafe requirements of  the existing law. 

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

Anonymous said...

Common sense would say if you were to arrive at a school and their was an active shooter situation You walked into No police present and you were the first on the scene How many could die while you were reloading your weapon for even your own self defense? Any added protection with the right to defend others seems necessary. Never in my life have I ever seen a situation where the person or persons being attacked made an appointment for the attack. You get little enough notice on the battle field. I know been there done that. setting at a card table having a round of bid whiz drinking a beer and the B-40s start whizzing over your head. 30 feet from your weapon and ammo. When the B-40s start flying you find out what jungle dirt tastes like, You are as low as you can get until you get armed and cover Once I could have reached up and pulled a B-40 out of the air, it was fire near level and went about another 50 feet and fell and made a hole about the size of a wash tub. They knocked out eleven bunkers in purple sector with B-40s. 50 VC sappers and 200 NVA regulars and we stomped them. about six months later they came back in force and wiped out that base. When all of the Americans were out Snoopy came in and cleaned up.