It has already happened
For decades, our “right” to keep and bear arms has been slowly and systematically decimated in Arizona. Article 2, Section 2 of the Arizona Constitution says that the purpose of government is to protect and maintain individual rights. For the last 54 years the Arizona House of Representatives has been controlled by the Republicans. That means that every bad law that has stripped us of our rights since 1966 was passed either at the instigation, or with the blessing, of the Republican Party. And they are supposed to be the ones protecting of our rights?
What “right” to bear arms?
Article 2, Section 26 of the Arizona Constitution says that our right to bear arms “shall not be impaired” yet state law is full of “impairments” to this fundamental right. What do you think would happen if you openly carried into a restaurant that serves alcohol? Or your polling place on Election Day? Any school campus? How about refusing to disarm in a state or local government building with “no gun” sign?
And, let us not forget carrying without a “permit.” In 1990, an Arizona appellate court ruled that restricting “concealed” carry was not an impairment to your right to bear arms. The Arizona Supreme Court declined to review it, making it the law throughout Arizona.
In 1994, the Arizona Legislature, instead of affirming the right to bear arms openly or discreetly, declared that if you expected your clothing to cover your firearm you were required to undergo 16 hours of training, followed by a written and shooting test, and submit a request for the privilege to carry concealed—but only for 4 years. After that, you had to take another 4-hour class, pass another test, and submit another set of fingerprints. This entire process had to be repeated every 4 years.
The same year that the permit system was created (1994), Arizona appellate courts ruled in two decisions that if your openly carried firearm was not visible to an observer it could be considered to be concealed, and if a firearm in your vehicle could not be seen from outside the vehicle it was concealed. The only sure way to carry openly or in your vehicle without breaking the law was to obtain a CCW permit.
Then, in 1997 the Legislature, at the urging of law enforcement, declared that you no longer had the right of “innocent until proven guilty” in a self-defense situation. The burden of proof was now on you to prove your innocence—after you admitted to the “crime.”
Firearms preemption was Balkanized with the approval of the Legislature. Cities like Tucson were able to ban firearms, carried by law-abiding citizens, from their parks.
The same year that the permit system was created (1994), Arizona appellate courts ruled in two decisions that if your openly carried firearm was not visible to an observer it could be considered to be concealed, and if a firearm in your vehicle could not be seen from outside the vehicle it was concealed. The only sure way to carry openly or in your vehicle without breaking the law was to obtain a CCW permit.
Then, in 1997 the Legislature, at the urging of law enforcement, declared that you no longer had the right of “innocent until proven guilty” in a self-defense situation. The burden of proof was now on you to prove your innocence—after you admitted to the “crime.”
Firearms preemption was Balkanized with the approval of the Legislature. Cities like Tucson were able to ban firearms, carried by law-abiding citizens, from their parks.
Enter AzCDL
There were those of us to decided it was time to restore what had been lost. In 2005 we formed the Arizona Citizens Defense League (AzCDL). That same year we experienced our first legislative victory, an improvement in the CCW laws. The following are just highlights of what we have accomplished over the last 14 years. For a complete list visit AzCDL’s Accomplishments page:
- Constitutional Carry – Restoration of the right of law-abiding adults to carry openly or discreetly without seeking government permission.
- Passage of a Constitutional Amendment to protect victims who defend themselves from being sued by their attacker.
- Restoration of “innocent until proven guilty” in self-defense situations.
- Adding the presumption that a victim acted reasonably when using physical or deadly force.
- Strengthened castle doctrine, “stand your ground” and justifications for the use of force.
- Establishment of a justification for the defensive display of a firearm.
- Universal recognition of CCW permits issued by other states.
- Prohibiting state and local governments from confiscating lawfully held firearms during an emergency.
- Strengthened state preemption of firearm and knife laws.
- Prohibiting state and local governments from maintaining records of firearms or their owners.
- Requiring operators of public property that ban firearms to provide storage for your firearms that is readily accessible.
- Preventing private or public employers from banning firearms in a locked vehicle.
- Prohibiting seized firearms from being destroyed.
- Massive CCW reforms. Your CCW permit is good for 5 years. Multiple forms of training are accepted. Fingerprinting and training are no longer required to renew your permit.
Consider this. If “it’s never going to happen in Arizona,” why was it necessary to spend the last fourteen years restoring your right to keep and bear arms? Why can’t you enter a public building armed? Why are schools still victim disarmament zones? Why do you need a CCW permit to enjoy a meal in certain restaurants? Why do you think your legislator won’t vote to restrict your rights?
Governor Doug Ducey is looking to resurrect a “Red Flag” firearms confiscation bill that he had introduced in the 2018 Arizona Legislative session. We must continue to let our legislators know that gun control bills are still unacceptable in Arizona. And make no mistake, “Red Flag” laws are gun control wearing a mask of mental health reform.
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