2006 Update to The Arizona Gun Owner's Guide

Changes to edition 21 (2004) that are in edition 22 (2006)

State's gun laws go up more than 10%.

by Alan Korwin

Don't blame me because this is a little long --

That's mostly your government at work.The brand new 22nd edition was officially released in January 2006. It's still $14.95, website orders are now offered, and did I mention, it makes a great gift. P.S. In "Comments" box on order form ask for an autograph."Arizona gun law now stands at 33,984 words, an increase of 3,806 words over the prior edition..."

LIST OF BILLS THAT CHANGED AZ GUN LAWS

2005 Bill Number -- A.R.S. Statute Affected
Description.

HB2325 -- §13-3112
Extends CCW permit from four to five years; reduces required training from 16 hours to eight, renewals from four to two, remedy for forgetting to carry permit when armed, 90-day grace period for active military, fingerprint with app and first renewal only.

HB2368 -- §15-341
Removes certain previously granted immunity from a school district's employees in regard to reporting gun incidents.

HB2450 -- §13-3112
Helps implement federal law for active and retired police nationwide carry by providing special ID.

HB2522 -- §13-702
Use of stun gun an aggravating circumstance for sentencing.

HB 2713 -- §13-3117
The "TASER" law, regulates "authorized remote stun guns."

SB1008 -- §32-2640
Thru 32-2641. Adds a judicial review remedy (on 6/30/06) for denied security-guard applicants.

SB1052 -- §13-604
Grammar and renumbering.

SB1052 -- §13-1102
Unborn child included in negligent homicide, in manslaughter (13-1103), in second degree murder (13-1104), in first degree murder (13-1105).

SB1166 -- §13-2301
Append "Terrorism" to the title of Chapter 23, renumbering.

SB 1201 -- §36-1601
Thru 13-1608. Sparklers and poppers deregulated, cap guns still state regulated.

SB 1214 -- §13-4901 Thru 13-4904.
Gives broad justification to "armed nuclear-facility guard" to use physical and deadly force, and to detain people, under specified circumstances.

SB1269 -- §13-3112
Allows firearms-certified county detention officers to get CCW permit without taking the required class.

SB1271 -- §15-714.01
Creates a new high school elective class in marksmanship called the Arizona Gun Safety Program.

SB1473 -- §13-3967 (renumbering only)

DPS -- (Jurisdictional):
UT Drops Reciprocity with AZ. Again. Effective 10/05.

Federal (see web updates for Gun Laws of America):
H. 218 -- Federal cop carry
S. 397 -- Safety lock law, liability for non-use, lawsuit ban

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The Main Changes Page by Page

Here are the main changes from the prior (21st) edition of The Arizona Gun Owner's Guide to the new 22nd edition. With 16 new pages added it's hard to detail all the differences. These are my notes on where changes took place; if I get a chance I'll beef this up with more details, but I needed to at least get this list in place without delay for my own reference, so here it is. Page numbers below refer to edition 21.

2 - Copyright 2006, ISBN 1-889632-16-3, 240 pages, 22nd edition.

3 - Table of Contents changed as needed, 16 page increase.

17 - Add "Title 36 Public Safety" to the list, to cover laws on cap guns (in fireworks).

19 - "What Is A Firearm" grows to two full pages, discusses the two separate definitions of firearm in state law (13-105 and 13-3101), new sections for "nearly" guns (paintball, airsoft, BB-type, and TASER, which gets a full page of its own in Chap. 3), toy guns (federal and state laws apply, in Arizona this meant adding fireworks laws -- did you know the state bans "Daygo Bombs"?), and "non-guns," a poorly defined category used in schools for suspensions, punishment, etc.

23 - The category of Armed Nuclear Security Guards is created (13-4901), and they have slightly less restriction on shooting intruders at a plant than you and I have at home, plus reasonably strong liability immunity.

24 - Clarifications about gun lockers, including the recent definition of "public place" (which now means a government facility).

31 - Note that a CCW permit exempts a person from NICS checks for retail gun sales, because permitees are already imbedded in police files.

36 - Moved "Reciprocity" section from the right-to-bear portion of Chapter 1 to the concealed-carry portion of Chapter Two; updated all four rights-control lists (recip, we recog, they recog, will issue non-res).

46 - Add the new federal frivolous-lawsuit ban for the gun industry (S. 397), plus the limited lawsuit immunity it includes for gun owners who use gun locks now required at time of sale.

50 - Add "The Arizona Gun Safety Program," a one-credit elective class in marksmanship, toward a high school diploma. Ask me about getting this class into your child's school.

52 - Expand discussion of social aspects of open carry: <snip> But as anyone who has tried it knows, strapping on a six shooter in most metropolitan areas attracts so much attention that it serves as a heavy deterrent. Requiring open carry actually limits the practicality of traveling armed, in a modern society where being inconspicuous is the civilized norm. Unless you're in costume or at a special event, many people just won't wear a gun while out and about these days.

- This is less true however in smaller towns and rural areas, where finding people strolling around with sidearms is somehow less poignant, and certainly a more common sight. At any rate, you do see people from time to time, statewide, going about their affairs, openly bearing arms. Some gun-rights activists believe respectful open carry is important for its "inoculation effect," demonstrating publicly that firearm possession is a normal, safe and routine facet of life in a free country. Others think open carry is polarizing, and builds support for more gun control. It's been observed that if you can't or won't exercise a right, then you do not really have it. At least one civil-rights group here has issued meeting notices with the line, "Tasteful open carry appreciated."

54 - A new court remedy is available if you forget to have your CCW permit with you while carrying, and you are cited or arrested for failure to show it when asked by law enforcement.

55 - DPS is authorized to issue ID to implement new federal active-and-retired police carry nationwide. Gun-certified county detention officers don't have to take the CCW class to get a permit.

56 - The permit tax went up $15 to $65, FBI now charges $29 ($4 more) for fingerprints.

57 - Required permit class dropped from 16 hours to eight, renewals from four to two, fingerprints needed for app and first renewal only, any talk about notifying permitees prior to expiration is now dead, 90-day grace period for active military, updated permit stats (72,820 permitees, 1,439 instructors, 470 organizations, 11/05).

- Residency clarifications, plus, an Arizonan who uses an out-of-state license, because that person can't qualify for the AZ license (this was actually going on), is now subject to arrest.

58 - CCW class is now eight hours.

59 - Instructors used to submit their own class curriculum, now DPS provides lesson plans instructors must follow, posted on their website. Written tests have been standardized and are now 20 questions.

60 - Encouragement for newbies to take an intro to firearms class before permit class, since many show up totally unprepared, never having even fired a gun, for CCW classes. Trainers now taxed a flat $29 for certification, or $65 for permit and cert. The DPS class for trainers is now held quarterly.

61 - Reciprocity section now appears here (in the new edition it's page 64.) New stats are included.

63 - "other lawful purpose" should be plural, and on pages 64 and 72 too.

73 - Expanded discussion of gun types, and the expired Clinton gun ban.

75 - New entry for Stun "Guns" now found in 13-3117.

76 - Shrink the expired "Affected Weapons" (sometimes called "assault-weapons") section and include for historical purpose.

78 - Clean up the entire Machine Gun section. Note that most people who can legally own any firearm can own a Title II device (the correct name), which Class 3 FFL dealers can sell. Calling a full auto a class 3 weapon is like calling a magazine a clip. Although Title II weapon would be accurate, Title II device is more precise because it includes suppressors. A Class 2 FFL has everything a Class 3 has, plus can make Title II devices. More than you ever wanted to know, right?

93 - Add the federal cites for civilian permission to use of federal ranges (10 USC §4309), and for the Civilian Marksmanship Program (36 USC §40701).

98 - Add a nice line at the end of the "Shooting Outdoors" illustration caption.

107 - Aggravated assault now includes trying to take a law enforcement officer's weapons or other gear, or pointing a stun gun at an officer. The stun-gun portion in effect sanctions the use of deadly force by police against a stun-gun attack -- deadly force would be justifiable to prevent the commission of agg assault, a violent felony.

121 - Federal statutes have gone from 230 to more than 270.

123 - Add new federal laws to list.

130 - Shrink the expired "assault-weapons" portion and include for historical purpose.

137 - New federal activity includes national cop carry, frivolous lawsuit deal, AWB expiration.

139 - Cool new second part to the Growth of Federal Gun Law chart.

143 - There are now more than 1,400 CCW instructors in the state. DPS tells me that probably half have never had any activity (taught a class). Speculation is they get it for bragging rights.

144 - State and federal statutes that authorize teaching firearm use and marksmanship to the public are now listed. Hmm, what does that say about the public's right to arms. Did I miss any:

- §15-713, AGFD provides training in the safe handling and use of firearms to the public schools system on request; §15-714, Training may be offered to anyone at least ten years old on a voluntary basis; §15-714.01, The Arizona Gun Safety Program provides an elective full-semester high school class in gun safety and marksmanship; 10 USC §4309, Public has access to federally funded rifle ranges; 10 USC §4312, Public national shooting matches and small arms school, with subsidies for youngsters; 42 USC §3760, Byrne Grants, to teach gun handling and use of gun locks to the public; 36 USC §40701, Federally run century-old nationwide civilian marksmanship programs, with special programs for youngsters, national matches and more.

162 - BATF is now BATFE. Add the Authorized Remote Stun Gun (commonly but inaccurately called a Taser). Also add Remote Stun Gun.

171 - The Arizona Firearm (formerly "Handgun") Clearance Center, run by DPS, was closed in 2002.

175 - Appendix D, the statute section, has been updated with all the new state laws through the end of 2005.

176 - Arizona gun law now stands at 33,984 words, an increase of 3,806 words over the 2004 edition of The Arizona Gun Owner's Guide. 899 words of that is in the newly added fireworks section, to cover cap guns (these escaped my attention until now). Since 1994 this Appendix has more than doubled in size, from 15,779 words in edition 15.

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Copyright 2006 Alan Korwin.
Permission to circulate this update granted.
1/17/06

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Alan Korwin
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