Arizona people still need state permit to carry a weapon: Napolitano

By Howard Fischer
Capitol Media Services
Published/Last Modified on Thursday, May 1, 2008 3:06 PM MDT


 PHOENIX -- Arizonans who carry concealed weapons without the necessary state permit still can wind up behind bars.


 Gov. Janet Napolitano vetoed legislation Tuesday to reduce the penalty for the offense to a $300 fine. Her action -- the second time in two years -- leaves violators subject to up to six months in jail and a $2,500 fine.

 The move angered Rep. Russell Pearce, R-Mesa, who said HB 2630 was designed to protect individuals who are not committing any other crimes. He called Napolitano a "gun-grabbing, constitution- ignoring governor.''

 Napolitano, for her part, said she believes the current penalties are appropriate. "Lawful gun owners who wish to carry concealed weapons should comply with Arizona's concealed weapons laws and obtain the required permit,'' she wrote in her veto message.

 That involves completing a state-approved training class which includes education on gun laws and proving knowledge of being able to handle the gun.

Those who want such permits also have to be fingerprinted and undergo a background check. "People who fail to do so are, by definition, lawbreakers in possession of deadly weapons,'' the governor said. Napolitano said police officers tell her that "serious criminals, especially gang members,'' often carry concealed weapons without permits.

 "Our law enforcement officers must have the full array of enforcement options to use against these violators, including the power to arrest the violator and confiscate his deadly weapon,'' she explained.

 Pearce said he agrees with that and suggested the governor had not read the entire bill: He pointed out that HB 2630 actually increased the penalty for illegally carrying a concealed weapon if the person was committing or attempting to commit a serious offense.

 He also scoffed at the idea that a law making it a misdemeanor to carry a concealed weapon actually deters crime. "I've never seen a bad guy headed to the Circle K that throws his head up, hits himself and says, 'I can't rob that tonight, I don't have my permit,' '' Pearce said. "The bad guys are going to do what bad guys are going to do.''

 All the bill does, he said, is make criminals out of everyone else.

 Pearce pointed out that Arizona law already allows virtually any adult to carry a loaded weapon in public places as long as it is visible. "But because I want to hang a coat over it, I want to make a criminal out of somebody?'' he asked. "We're talking about moms, sisters, good people'' who Pearce said "have no criminal intent.''

 He compared it to the state's alcohol laws, saying there's nothing illegal about drinking. It is only when a person who is intoxicated gets behind the wheel of a vehicle that a crime occurs -- and when someone should be subject to criminal penalties.

 Several police groups lobbied extensively against the measure. John Thomas who represents the Arizona Association of Chiefs of Police, derided the legislation, pointing out that the change in HB 2630 would have made the penalty for illegally carrying a concealed weapon less than what a judge could impose on someone for stealing a candy bar. The result of a lower penalty, he said, would encourage people not to bother getting a state permit. Pearce said if he had his way, anyone legally entitled to possess a gun would be able to carry it, open or concealed, without having to get state permission.

 He said it used to be that the constitution protected individuals from government. "Now we've reversed it and put all the restrictions on you: You've got to prove to me you're a good guy before I let you exercise one of your constitutional rights,'' Pearce said. He said the veto of this bill simply to ease the penalty reflects "a gun-grabbing mentality.''

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