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Arizona State Legislature Passes Concealed Carry Expansion

Photo courtesy of azcentral.com

Photo courtesy of azcentral.com

On August 6th, the Arizona state legislature put into effect House Bill 2338 which allowed concealed carry firearms into all places considered a “Government right-of-way”. Included in that description, according to the bill would be “a highway, street, road, thoroughfare, path, alley or other right-of-way that is publicly accessible and that is established by a government entity.”

Also included in the bill, would be public schools, as they fall under the umbrella of locations mentioned in the text, which you can read right here. Not only is there the allowance of concealed carry now available in public schools, but the law actually supersedes any restrictions schools would enforce that would prohibit a person from lawfully possessing a concealed weapon on a public right-of-way.

According to Todd Rathner, a national director of the NRA, the law states that “Essentially what the bill says is that if a public right-of-way transects a school campus, then the school cannot regulate firearms on that public right of way.” He also says that these moves are positive ones. “It’s definitely a step in making schools safer,” Rathner said.

However as with any legislature, there is the other side of it. The opposition to this legislature is headed by Steve Kozachik, who said allowing guns into a campus environment doesn’t make anyone safer. Adding that “Students can now walk across campus from Campbell over to Park, with guns in their hands,” he said. “I can tell you the professors on campus aren’t thrilled about this and the administration is not thrilled about this.”

However, while Mr. Kozachik does appear to have an anti- concealed carry mindset, he believes that this should be the case in only some of the state. Steve does not believe that this precedent should be taking over in more urban areas where gun violence is more prevalent, but is fine with it in more rural areas, where fewer shootings take place. Saying that an issue such as this does not have a one size fits all solution.

The solution now, though, seems to be that Arizona schools that are a part of public right of ways can no longer deny those with concealed carry permits and firearms from entering their premises.

 

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7 Responses to Arizona State Legislature Passes Concealed Carry Expansion

  1. Bradley Shaw August 15, 2016 at 3:18 pm #

    Am I missing something?

    Doesn’t this new law only pertain to concealed carry within a means of transportation while on a public right of way?

    This post seems to suggest that it pertains to all concealed carry upon a public right of way.

    • jacob August 15, 2016 at 3:24 pm #

      Bradley, as we understand the legislation, this law allows the concealed carry of a handgun, without a permit, on the public right of way, within 1000 feet of a school which was previously illegal. In a vehicle or not isn’t relevant as we understand it.

  2. Bradley Shaw August 15, 2016 at 5:54 pm #

    Well, ok, but in my reading of the new statue, it specifically says, “….in the person’s means of transportation…..”

    I. NOTWITHSTANDING SECTION 15-341 AND SUBSECTION D OF THIS SECTION,
    27 THE GOVERNING BOARD OF AN EDUCATIONAL INSTITUTION MAY NOT ADOPT OR ENFORCE
    28 ANY POLICY OR RULE THAT PROHIBITS A PERSON FROM LAWFULLY POSSESSING OR
    29 CARRYING IN THE PERSON’S MEANS OF TRANSPORTATION A CONCEALED WEAPON ON A
    30 PUBLIC RIGHT-OF-WAY.

    Thanks for your response.

    Brad

    • jacob August 16, 2016 at 7:50 am #

      Brad, from what we can derive from the Governor, the NRA’s statement, and the statement from the bill’s sponsor, everyone says: “lawfully possessing or carrying a firearm in their vehicle (means of transportation) or on their person, on a public right-of-way.”

  3. Kayla August 17, 2016 at 3:56 pm #

    If you are walking, YOU are your means of transportation !

  4. Dan August 18, 2016 at 7:15 am #

    So, Jacob, you’re trying to say (by saying that this law allows non-permitted concealed carry within 1000ft of a school) overrides the federal prohibition of exactly that?

    Arizona didn’t previously prohibit carry on “school zones”, the federal government did. That hasn’t changed. So you’re still going to need a ccw, and you’re still going to need it concealed. You’re just got to be able to walk/drive/etc on the roads that cut through k12 schools the same as you can through ASU for the last few years. (excepting, of course, that the feds don’t regulate guns on/near college campuses).

    • jacob August 18, 2016 at 9:40 am #

      Dan, its a complicated issue. The Gun-Free School Zones Act of 1990 that you are referring to outlaws firearms within 1000 feet of a school with a handful of exceptions. The relevant one that you are referring to says:

      if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

      So, having a permit has always met that requirement and still does. This new law from the State challenges and goes directly against that Federal law. So if the Federal law is to be followed, I agree that the user still needs a permit. This is similar to how Colorado has legalized marijuana despite it being illegal at the federal level.

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