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Version: 7.1.375 / Virus Database: 267.15.0/248 - Release Date: 2/1/2006 Alabama Stand-Your-Ground Bill Stalled In House: In what appears to be a racial split, Alabama's bill to eliminate the duty to retreat has been tabled for two to three weeks. http://www.al.com/news/birminghamnews/legislature.ssf?/base/news/1138790108220490.xml&coll=2 Related Commentary From Missouri, A Few Years Back: http://www.john-ross.net/race&rtc.htm --- Meanwhile, In Georgia...: Georgia's stand-your-ground bill moves forward, despite an oversight that seems to bar innocent bystanders from suing if they are injured in another's self-defense incident. http://www.macon.com/mld/macon/news/politics/13759958.htm --- ...And In South Dakota...: South Dakota's stand-your-ground bill also makes progress through the legislature. http://www.aberdeennews.com/mld/aberdeennews/news/13767435.htm --- Ohio CHL Statistics Analyzed: Howard Nemerov interprets the numbers on arrests, suspension and revocations of Ohio CHL's. http://www.buckeyefirearms.org/article2942.html --- 45 Minutes After Gun Purchase, Man Kills Neighbor In Apparent Self-Defense: Despite the confusion created by the TV station, it appears that the South Carolina man fired in self-defense against a housebreaker who threatened him with a chair. http://www.fox21.com/Global/story.asp?S=4438133&nav=2KPp --- Bringing Handguns To A Rifle Fight: Two Mississippi men who fired handguns into a home in the aftermath of a traffic accident are hospitalized after the resident fired back with a rifle. http://www.thejacksonchannel.com/news/6660260/detail.html --- San Francisco May Rue Gun Ban: Commentary compares homicide rates in Camden NJ and Philadelphia PA, two cities separated by a river and differing laws on the ownership and carry of firearms. (And Philadelphia probably has the highest homicide rate in Pennsylvania.) http://www.tribune-democrat.com/editorials/local_story_031142939.html?keyword=secondarystory --- "It Was Just A Misunderstanding": A burglar in Utah, shot three times after breaking a window, entering a home and refusing to stop when confronted at gunpoint, claims it was just a misunderstanding. http://www.ksl.com/?nid=148&sid=157279 --- Motions Could Delay Arizona Trail-Shooting Trial: The biggest point of contention is whether the jury will be allowed to hear about the deceased's past history of violent behavior, which was not know to the defendant at the time of the shooting. http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=124173 --- BATFE Working On New Machine Gun Rules: An amendment to the Atomic Energy Act of 1954 allows the use of machine guns manufactured since 1986 by private entities providing security for nuclear plants. http://communitydispatch.com/artman/publish/article_3646.shtml --- NYPD Officers Split On Rules After Shooting: The off-duty officer shot by a uniformed colleague appears to have been in violation of policy for carrying his handgun while intoxicated. Officers debate the practicality of such a rule. http://www.nytimes.com/2006/02/02/nyregion/02voices.html?_r=1&oref=slogin --- Swiss Firearm Registry Proposal Fails: After failing to pass a national firearms registry, the Swiss government has now recommended to its parliament that a gun permit be created. By enforcing gun permits, Switzerland would be able to comply with the EU Schengen accord, which Switzerland agreed to follow last June. http://www.freemarketnews.com/WorldNews.asp?nid=6634 --- From AZ DPS CWPU: On Thursday February 2nd at 8:30 a.m., the Arizona House Judiciary Committee will meet to vote on HB 2075. This bill will eliminate the requirement to obtain a concealed weapon permit if a person wants to carry a concealed weapon in public. It will do so by requiring the officer to prove the intent to commit a crime when encountering a person carrying a concealed weapon (this will be nearly impossible without a confession). While this may help clarify carry for law abiding citizens and eliminate confusion related to case law (the Moerman and Adams cases), it will also better enable criminals to carry concealed weapons before and after the commission of a crime in most instances. If this bill were to become law, the following example could occur: A car is stopped by a police officer for a minor traffic violation and the vehicle is occupied by four street gang members who are on their way to commit a drive by shooting. The street gang members freely tell the officer they have ten loaded semi-auto pistols and shotguns concealed under the seat and that there is not a thing the officer can do about it. They fail to tell the officer that they are going to commit a drive-by shooting and instead say they are going to the range for target shooting. Since the officer cannot prove what their intent was and none of them are prohibited possessors, the officer must release them, along with the ten pistols and shotguns. The gang members later commit the drive-by shooting, killing four people, possibly your own family members. You can easily substitute gang members with bank robbers, drug smugglers, etc. Under current law, these gang members could be arrested and booked for misconduct involving weapons, the firearms confiscated and the drive-by shooting would be derailed. If HB 2075 were in effect, the gang members would be released and still able to commit the crime. Simply put, current law provides the police with a tool to preemptively engage, disarm and arrest criminals before (or even after) they have committed a gun related crime while they are transporting the firearm(s) from point "A" to "B", without having to prove their intent to commit a crime. Of lesser importance, HB 2075 is also likely to tremendously reduce the demand for permits and training classes, which will severely impact training organizations and instructors on a financial level. Please get involved and let your legislators know how you feel about this bill, either for or against: http://www.azleg.state.az.us/CommitteeInfo.asp?Committee_ID=54 Other bills: HB 2073: This bill specifies that illegal aliens are prohibited possessors under state law. HB 2074: This bill eliminates the two-hour training requirement for renewals of CCW permits (subsection M) and specifies US Code related to the Law Enforcement Officer Safety Act of 2004 (LEOSA) program (subsection X). HB 2075: This bill modifies ARS 13-3102.A.1 and A.2 by inserting language that would allow persons to carry concealed weapons in Arizona without a permit (or mandatory training) provided they had no intent to commit a serious or violent crime (as defined by ARS 13-604 and 604.01). This bill also seeks to modify verbiage to better describe a reference to US Code and is not significant to CCW. HB 2076: This bill modifies ARS 13-3102.A.10 and 3102.F. The change to 3102.A.10 inserts language that further requires public buildings to provide onsite storage for firearms if the bearer is not permitted to enter with the firearm. This law is already in place and simply clarifies the requirement. The change to 3102.F inserts the term "map pocket" as an acceptable firearm storage location in a vehicle (without a permit). HB 2077: This bill modifies ARS 13-3112.E.6 and inserts language that creates a second means of obtaining training for a CCW permit and will allow an NRA certified instructor to provide any "eight hours of firearms training." Instructors using this option will not have to use the approved DPS lesson plan and may use whatever firearms training they choose. Additionally, this bill will allow a person who holds a permit recognized under subsection 13-3112.U (reciprocity state) to bypass any requirement to obtain an AZ CCW permit. This will allow AZ residents to carry concealed weapons in AZ using a different states' permit. The next change HB 2077 contains is language inserted to mandate that the fee for a permit will not be "more than sixty-five dollars." The final change is to subsection X which simply clarifies existing law related to the Law Enforcement Officer Safety Act of 2004 (LEOSA) and will not effect the CCW program. HB 2365: This bill requires automatic restoration of firearms rights to those persons convicted of felonies under certain conditions. HB 2526: This bill requires persons to lockup or securely store loaded firearms if a minor could gain access to them (proposed ARS 13-3114). HB 2527: This bill causes a person to become a prohibited possessor if convicted of failing to lock or store loaded firearms if a minor could gain access to them (proposed ARS 13-3114). HB 2584: This bill will allow a person with a LEOSA certificate to bypass the training requirement for a CCW permit. HB 2649: This bill creates ARS 13-3118 which states that neither the state nor a political subdivision may not enact any law, rule or ordinance relating to the possession or storage of firearms except to implement provisions that are specified in statute. SCR 1001 and SB 1090: Two new Senate bills have been introduced in Arizona related to "Castle Doctrine". Generally, these bills cause law enforcement to presume the innocence of a person involved in an act of justified self-defense. Currently, the same person must admit to a crime before initiating a justification defense. One bill requires amending the AZ Constitution and the other amends statutory law. SB 1258: Requires law enforcement agencies to issue honorably retired credentials to its peace officer retirees provided they did retire under honorable conditions. Once issued, law enforcement agencies are not obligated to change the card's status if the retiree participates in other than honorable activities at a later time. Regards, Detective Russ Hamilton Supervisor AZ DPS Concealed Weapon Permit Unit (602) 256-6280 (602) 223-2708 (800) 256-6280 (In Arizona only) (602) 223-2928 Fax -- Stephen P. Wenger Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .