No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.3.0/290 - Release Date: 3/23/2006 CCW For Kansas!: The Kansas House followed the Senate and voted to override the veto of this year's bill to create licensed CCW. (Only three states now lack a statutory basis for private citizens to carry concealed firearms, even if a few of the states ignore it.) http://www.kansascity.com/mld/kansascity/14169014.htm --- Bradys Ignored By Delaware House Committee: Legislation to make Delaware a shall-issue state cleared a House committee Wednesday despite strong opposition from police chiefs, clergy members and James and Sarah Brady. The bill already has enough sponsors to clear both the House and Senate. http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060323/NEWS/603230338/-1/NEWS01 --- Illinois Governor Steps Up Push For "AWB": Blagojevich seeks to use his calls for a state ban on cosmetically impaired firearms against his Republican challenger, who seems to have her rhetoric in order. http://cbs2chicago.com/topstories/local_story_082193834.html --- Tennessee County Nixes Firearm Safety Course Popular In Other Schools: A hunting and firearms safety course for sixth-graders that got shot down at a Smith County elementary school is regularly offered in a handful of Middle Tennessee districts including Hickman, Rutherford, Sumner and Wilson counties. http://www.dicksonherald.com/apps/pbcs.dll/article?AID=/20060323/NEWS04/603230403/1297/MTCN02 --- Rule Five Reminder: A Michigan State Police Trooper's loaded handgun is now back in safe hands after being discovered in a stall at the Burger King on 9th Street in Texas Township near Kalamazoo. (Rule Five: Maintain control of your firearm.) http://www.wwmt.com/engine.pl?station=wwmt&id=24803&template=breakout_local.html --- Prohibitionists Honor Police Chief Who Lost Handgun: On the day that the Pacific Northwest's most extreme anti-gun rights organization plans to honor Seattle Police Chief Gil Kerlikowske, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) is asking why. http://releases.usnewswire.com/GetRelease.asp?id=62862 --- No Indictment In Easton SWAT Shooting Death: British report on the refusal of the grand jury to indict the Pennsylvania SWAT officer who unintentionally shot a partner in the police station reveals how the shooting occurred. (Don't grab for dropped guns - let them fall to the ground or floor.) http://www.guardian.co.uk/worldlatest/story/0,,-5704554,00.html --- Off-Duty Carry Dispute Heads To Court: The 2006 San Diego County Fair opens June 10, and still unresolved is whether off-duty law enforcement officers can carry their weapons inside the fairgrounds. The dispute, which began last summer, is headed for trial in federal court if an agreement isn't reached by the fair's start. http://www.signonsandiego.com/news/northcounty/20060323-9999-2m23guns.html --- Oregon Dealer Sues BATFE Over License: A legally blind gun dealer in Oregon has incurred the animosity of the BATFE, which has declared his FFL invalid because he incorporated his business after it was issued. http://www.mailtribune.com/archive/2006/0323/biz/stories/01biz.htm --- Bringing A Keyring To A Knife Fight: A Tucson man, the object of a carjacking at knifepoint, flung a keyring containing more than 50 keys into the face of the robber. The robber's channel was changed sufficiently to cause him to flee. http://www.tucsoncitizen.com/news/local/032306a4_keytossbrite --- From The Firearms Coalition: Congratulations to Kansas for joining the ranks of States that recognize lawful concealed carry. The State Senate voted for the override by 30 to 10, a margin of three votes. The State House vote was 91 to 33, seven votes over the two-thirds required to override the veto. The law goes into effect on July 1, 2007. Friend Bob Hodgdon tells us that Governor Sebelius worked the phones furiously, calling every outstanding marker she could rustle up to have her veto sustained, but to no avail. This is the second time Sebelius has vetoed a CCW bill. Her predecessor, Republican Bill Graves, vetoed a similar bill in 1997. It's interesting to look at the party mix of the vote. Thirteen of 83 Republicans -- 16 percent -- voted to sustain the Democrat's veto, while 21 of 42 Democrats voted to override their own party's veto. That's a sigificant breakdown of party discipline on the Democrats' side. It's certainly not helpful to Sebelius's long-term plans. She has been mentioned as a potential candidate for national office, perhaps even President -- a political point that may helped the CCW cause. The Republicans may have found it easier to vote to override her veto knowing that they could be sticking a pin in her ambitions. Regardless of the reasons why, the veto has been overriden and the bill will become law. Congratulations, Kansas! We consider this CCW permit is a good first step and look forward to further restoration of Second Amendment rights. For the Second Amendment, Chris Knox --- From CCRKBA: NEWS RELEASE CCRKBA CONGRATULATES JOURNEY, KANSAS LEGISLATURE ON CONCEALED CARRY OVERRIDE BELLEVUE, WA - The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) congratulated Kansas lawmakers, and particularly State Sen. Phil Journey, for today's override of Gov. Kathleen Sebelius' veto of the state's concealed carry legislation. Kansas becomes the 39th state where any law-abiding citizen will now be able to carry firearms for their personal protection. Citizens in eight other states are subject to police or judicial discretion. Only Nebraska, Wisconsin and Illinois still have no provision, and Nebraska is very close to passing a law. The Senate override vote went 30-10 against the governor's veto, and earlier today, the House voted 91-33 to override. "We're proud of Kansas lawmakers in both parties who stood firm and acted swiftly to override the veto," said CCRKBA Chairman Alan M. Gottlieb. "Henceforth, the citizens of Kansas will enjoy the same protection from crime as Americans in neighboring states. Senator Phil Journey is to be especially congratulated for his perseverance. He did a fine job of spearheading this effort." "The vote in Kansas," added CCRKBA Executive Director Joe Waldron, "proves that it is possible for reasonable legislators on both sides of the aisle to work together for the common good. The Kansas law is a good, sensible step, and we are confident that before very long, the public will see just how well concealed carry works and how responsible licensed citizens are. It will also prove just how preposterous the arguments against concealed carry really were, and that the hysteria was simply wrong. "It is unfortunate that Gov. Sebelius felt compelled to veto this legislation," Waldron observed. "She's going to have to explain to Kansas voters why she believes they are less responsible with their own safety than their neighbors in Oklahoma, Colorado and Missouri, and citizens in more than 40 other states." "While this law takes effect July 1," Gottlieb concluded, "we're hopeful that the attorney general's office does not take another six months to work out the details of the licensing process. Kansas citizens have earned this. They deserve swift implementation of the law." --- From AZ DPS CWPU: Greetings again. FYI - Another important piece of legislation has also progressed through the legislature, SB 1145. This is a "castle doctrine" bill that restores the justification burden of proof on the government. The bill made it out of the Senate and is now in the House. Again, let your senators know how you feel about this bill. A link to the bill is as follows: http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SB1145 Here is the latest fact sheet: House of Representatives SB 1145 self-defense; home protection Sponsors: Senator Bee, Senator Allen, Senator Burns, et al. |------+ -------------------------| | DPA |Committee on Judiciary | | |------+ -------------------------| | X |Caucus and COW | | |------+-------------------------------------+-------------------------| | |As Engrossed and As Passed the House |This bill as introduced | | | |contains an Emergency | | | |clause. | |------+-------------------------------------+-------------------------| SB 1145 creates a new justification for the use of physical and deadly physical force, and requires the state to prove beyond a reasonable doubt that a defendant did not act with justification if the defendant presents any evidence of self-defense. History A.R.S. § 13-105 defines physical force as force used upon or directed toward the body of another person, including confinement but not including deadly physical force. Deadly physical force is defined as force used with the purpose of causing death or serious physical injury or in the manner it is used it is capable of creating a substantial risk of causing death or serious physical injury. A.R.S. Title 13, Chapter 4 governs the justification of the use of force in different situations. A person is justified in using or threatening deadly physical force when and to the extent a reasonable person would believe that physical or deadly physical force is immediately necessary to protect himself against the other's use of unlawful physical or deadly physical force (A.R.S. § 13-405). Additionally, a person is justified in threatening or using physical or deadly physical force against another to protect a third person if: 1. Under the circumstances, the person would be justified in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person, and 2. A reasonable person would believe that intervention is immediately necessary to protect the third person (A.R.S. § 13-406). A person is also justified in using/threatening both physical and deadly force if the person believes that the force is immediately necessary to prevent the other person's commission of a specific list of offenses (A.R.S. § 13-411). This section states that there is no duty to retreat before threatening or using force and a person is presumed to be acting reasonably if he is acting to prevent the commission of any of the enumerated offenses. Provisions · Justifies a person in using both physical and deadly physical force against another if the person reasonably believes himself or another to be in imminent peril of death or serious injury and: ­ The person that force is being used against was in the process of unlawfully or forcefully entering a dwelling, residence or occupied vehicle or was attempting to remove another person against the person's will from the dwelling, residence or occupied vehicle. · Applies the presumptions contained in the bill to the following self-defense statutes: - A.R.S. § 13-404 Justification; self-defense - A.R.S. § 13-405 Justification; use of deadly physical force - A.R.S. § 13-406 Justification; defense of a third party - A.R.S. § 13-407 Justification; use of physical force in defense of premises - A.R.S. § 13-408 Justification; use of physical force in defense of property - A.R.S. § 13-418 Justification; use of force in defense of dwelling, residence or occupied motor vehicles · Presumes that a person is acting reasonably if the person is acting against another who unlawfully or forcefully entered the person's dwelling, residence or occupied vehicle. · States that this presumption does not apply if: ­ The person force was used against: Ø Had the right to be in/was the lawful resident of the dwelling, residence or vehicle. Ø Was the parent/grandparent/legal guardian of a child being removed from the dwelling, residence or occupied vehicle. Ø Is a law enforcement officer entering/attempting to enter a dwelling, residence or occupied vehicle. ­ The person using physical or deadly physical force: Ø Is engaged in unlawful activity. · States that a person has no duty to retreat before threatening/using physical or deadly physical force. · States that justification defenses are not affirmative defenses. · Requires the state to prove beyond a reasonable doubt that the defendant did not act with justification under the self-defense statutes if the defendant presents any evidence of justification. · Requires the court to award attorney fees, costs, compensation for lost income and expenses incurred by the defendant in a civil action if the court finds the defendant is immune from prosecution. · Makes other technical and conforming changes. · Contains an emergency clause. Amendments Judiciary · Clarifies within the existing use of force in crime prevention statute that the statute is not limited to situations where the home, contents of the home or residents of the home are being protected by the use of force. The accompanying intent language from 1983 is also stricken. · Deletes the language in the bill regarding court costs. This language is transferred into a separate section and states that the court shall award reasonable costs in the defense of any civil action based on conduct justified by this section if the defendant prevails in the civil action. · Strikes references throughout the bill to "dwelling" & "residence" and replaces them with "residential structure" which is already defined in statute. · Strikes "serious bodily injury" and replaces it with "serious physical injury," which is defined in statute. ---------- DOCUMENT FOOTER --------- Forty-seventh Legislature Second Regular Session 2 March 17, 2006 Greetings again (again)! The CWPU unit has recently determined that a Federal Flight Deck Officer meets the qualifications needed to receive the law enforcement exemption from training for the initial issuance of an AZ CCW permit. Although their authority and jurisdiction is extremely limited (the flight deck), they are "deputized as a federal law enforcement officer" and have completed a 26 hour course of instruction. Note: This determination only pertains to CCW permits and not LEOSA - their status is not likely sufficient to qualify for nationwide carry as a law enforcement officer under LEOSA (in case anyone asks). Please pass this information on to all of your instructors. Regards, Detective Russ Hamilton AZ DPS Concealed Weapon Permit Unit (602) 256-6280 (602) 223-2708 (800) 256-6280 (In Arizona only) (602) 223-2928 Fax www.azdps.gov/ccw/default.asp -- Stephen P. Wenger Firearm safety - It's a matter for education, not legislation. http://www.spw-duf.info .